Jump to content
McBy

My USC Husband Does Not Want to Sign I-864

135 posts in this topic

Recommended Posts

I am in a very difficult situation. I arrived in the USA on August 7, 2014 and got married after 10 days. I arrived with my son on K1 and K2 Visas. Our AOS has been delayed initially because of its cost but when we an already afford it February 2015, my husband read about the I-864 and would not want to sign it because of it's legal binding even if we would get divorced.

This hurts a lot and to him I do not need a green card to live here as there are many illegal immigrants here who do not get into trouble anyway. I wish to know what I can do. It is hard to be in a foreign country with nobody to run to or turn to. I got some friends but it is not as easy. My son is studying in a public school now.

Any information that may help is appreciated. Thank you.


4/29 - I-129f Sent to TX Lockbox

4/30 - Received as per USPS tracking

5/5 - Received NOA1 thru txt and email

5/6 - Alien Registration Number Changed

5/9 - Received NOA1 by mail

5/12 - RFE

5/19 - Submitted docs for RFE

5/21 - RFE Response

6/2 - NOA2, yay!

6/7 - NOA2 hardcopy

6/12 - NVC Received, case number ok

6/13 - In Transit to Consulate

6/17 - "Ready" for interview

6/18 - Medical

7/1 - CFO Seminar

7/18 - Interview APPROVED

Share this post


Link to post
Share on other sites

Let's look at what his real commitment is -- if you become a citizen which you can do three years after you get the green card assuming you are still married, the I-864 obligation is terminated, so his only real risk is that you split up before then, and even then you can file on your own after five years, so it's not forever -- he may not have focused on the idea that it is not forever

Share this post


Link to post
Share on other sites

Seems like since you arrived on a k1 and you're married, he's already on the hook for the support affadavit he had to sign as a part of the K1 visa process... No? the I-134? Therefore, his logic is bad, and this is not a valid reason to not go forward... because he ALREADY has this problem

Edited by shland

K-1

09/16/2014 -- Mailed I-129F petition
09/19/2014 -- I-129F received at Texas lockbox
09/23/2014 -- NOA1
09/24/2014 -- Received text/email acceptance from USCIS
09/27/2014 -- Received hardcopy NOA1
10/09/2014 -- NOA2

10/30/2014 -- NVC assigned case number

11/03/2014 -- NVC shipped to Havana

11/10/2014 -- Interview Scheduled for 1/6/2015

11/13/2014 -- Embassy Received file - Status changed to READY

12/2014 -- Changed interview date to 2/19/2015 due to delay in getting all documents

02/19/2015 -- Interview - Visa APPROVED!

02/23/2015 -- Case status changed to ISSUED!

02/26/2015 -- Visa in hand!

03/18/2015 -- US entry in Miami

Share this post


Link to post
Share on other sites

I am sure there is a lot more to this.


Seems like since you arrived on a k1 and you're married, he's already on the hook for the support affadavit he had to sign as a part of the K1 visa process... No? the I-134?

That one is meaningless.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

It's really weird. we already consulted an immigration lawyer who told him of his role. He still wouldn't sign. He is a good man except for this and I feel devastated. I am thinking of just going for the divorce and then going home. My son likes it here so I am also thinking of a way to stay. However, it would be difficult as I do not have relatives nor really close friends nearby. Part of me regrets that I moved here to marry ?.


4/29 - I-129f Sent to TX Lockbox

4/30 - Received as per USPS tracking

5/5 - Received NOA1 thru txt and email

5/6 - Alien Registration Number Changed

5/9 - Received NOA1 by mail

5/12 - RFE

5/19 - Submitted docs for RFE

5/21 - RFE Response

6/2 - NOA2, yay!

6/7 - NOA2 hardcopy

6/12 - NVC Received, case number ok

6/13 - In Transit to Consulate

6/17 - "Ready" for interview

6/18 - Medical

7/1 - CFO Seminar

7/18 - Interview APPROVED

Share this post


Link to post
Share on other sites

*** Thread moved from AOS/Family-Based main forum to the Effects of Major Changes forum, where similar issues are discussed. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

Make life a lot easier of he divorces you due to PI laws about divorce.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

What do you exactly mean?

Make life a lot easier of he divorces you due to PI laws about divorce.


4/29 - I-129f Sent to TX Lockbox

4/30 - Received as per USPS tracking

5/5 - Received NOA1 thru txt and email

5/6 - Alien Registration Number Changed

5/9 - Received NOA1 by mail

5/12 - RFE

5/19 - Submitted docs for RFE

5/21 - RFE Response

6/2 - NOA2, yay!

6/7 - NOA2 hardcopy

6/12 - NVC Received, case number ok

6/13 - In Transit to Consulate

6/17 - "Ready" for interview

6/18 - Medical

7/1 - CFO Seminar

7/18 - Interview APPROVED

Share this post


Link to post
Share on other sites

If you want to try again in the future.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Makes a lot of sense, thank you. It's really weird. He seems to have a different mindset about it. Hoping that there is a way for us to stay after divorce, but I do not exactly know what to do. Might get harder for me and my son. So first option is to go back to our home country.

If he refuses to sign even after speaking to an immigration lawyer your best bet is to file for divorce and go on with your life. He is not the husband you would want for yourself nor the father figure you should wish for your child.


4/29 - I-129f Sent to TX Lockbox

4/30 - Received as per USPS tracking

5/5 - Received NOA1 thru txt and email

5/6 - Alien Registration Number Changed

5/9 - Received NOA1 by mail

5/12 - RFE

5/19 - Submitted docs for RFE

5/21 - RFE Response

6/2 - NOA2, yay!

6/7 - NOA2 hardcopy

6/12 - NVC Received, case number ok

6/13 - In Transit to Consulate

6/17 - "Ready" for interview

6/18 - Medical

7/1 - CFO Seminar

7/18 - Interview APPROVED

Share this post


Link to post
Share on other sites

Let's look at what his real commitment is -- if you become a citizen which you can do three years after you get the green card assuming you are still married, the I-864 obligation is terminated, so his only real risk is that you split up before then, and even then you can file on your own after five years, so it's not forever -- he may not have focused on the idea that it is not forever

Except that the sponsor cannot force the beneficiary to acquire citizenship.

However, if the sponsor has 40+ credits into social security, then after ten years of marriage the sponsor's social security credit can be used by the beneficiary and this would meet one of the requirements for discharging the I864.

Share this post


Link to post
Share on other sites

What do you exactly mean?

Boiler means that if your husband files for divorce in the US, then the PI will recognize the divorce and you will be able to receive a certificate of no marriage (or whatever it's called in PI) and marry again, especially if you return to PI.

However, if you file the divorce (ie, are the plaintiff in the divorce action), then PI will NOT recognize the divorce and you will then be left with chasing an annulment in PI in order to prove eligibility to marry.

Remaining in the US, divorced or otherwise, is not a wise choice because you will never be able to adjust your status with anyone other than the petitioner of the K1 with which you entered. This puts your young son in a predicament as well.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×