Cutting ties or helping with AOS

[2manypapers 0]

I rarely post of any of the forums, but I decided to answer Southernchic's post. My marriage turned out to be a MOC for the benefit of money and a green card. I do not feel I need to give the particulars of my private life in order to extend my sympathies or advise her not to sign the AOS. Southernchic did not share the exact circumstances of her husband's dishonesty with her and her situation may differ from mine.

I understand clearly that her husband could raise the abuse card, he could say or do many things and I am glad that you informed her of this, DM, because she could face this from her husband if he desperately wants to stay in the USA.

However, my advice stands, if she has doubts, of any kind, she should not, for any reason feel obligated to sign his AOS papers.

If she needs to protect herself legally, she is in a stronger position by not signing his AOS, especially if she is contemplating divorce.

My post was meant to extend my heartfelt sympathies to Southernchic and to simply say that feeling compassion for her husband's plight is not reason enough to put her own head in a noose.

This forum can be of invaluable help to so many members here that are either afraid or too embarrassed to post about the problems that they are facing. After so many months or years of waiting, legal processes and the expenses, nail biting moments waiting for approvals, it is a whole different journey when faced with endings. I feel that all who can contribute their experiences should be heard....including the emotions.

2manypapers

[diadromous mermaid 36]

I understand clearly that her husband could raise the abuse card, he could say or do many things and I am glad that you informed her of this, DM, because she could face this from her husband if he desperately wants to stay in the USA.

The only reason I addressed the issue of how waiting to file adjustment of status might have compromised the alien's right to permanent residence, and whether that could play into any action her husband might contemplate (note that I am not referring to any potential success of such an action) is due to two matters. The first is that now some time has passed and in that time the marriage has failed. Any alien could assert that without the cooperation of a USC spouse, he or she was prohibitted from achieving that which he or she may have been able to achieve had the adjustment of status application been submitted in a timely fashion, before the marriage was to die its natural death. Please note that I am not suggesting in any way, that if there were any indication that this marriage was entered fraudulently, that the alien was entitiled to a GC. In fact, the statutes stipulate that no alien is entitled to a green card if the intentions were not genuine. And if that apprehension to hold off submission of the AOS on the part of a citizen is based solely upon not wishing to be held financially responsible for an alien that could at some time become and ex-spouse is not really a right that the US citizen has. After all, the statutues clearly state that the sponsor must be willing to undertake that obligation knowing fully well that divorce does not exonerate the US citizen from the requirements under the Affidavit of Support.

However, my advice stands, if she has doubts, of any kind, she should not, for any reason feel obligated to sign his AOS papers.

Absolutely. Certainly, now she should not feel obligated to sign the AOS papers, because in doing so she would be affirming that the marriage is viable, and now, indeed, it is not. My point was more aligned with what were her reasons for delaying the AOS submission and were they sufficient enough to deny an alien the chance to continue his immigration process, even alone after a divorce if he were able. Note, also, that in no way am I suggesting that if she suspected fraud that she should feel or have felt any obligaiton to continue the process. The distinction is being made on the reasons the marriage was not going to sustain. There is a difference once again in a marriage failing due to certain incompaitbilites and a marriage failing because it was never a valid marriage in immigration terms to begin with.

If she needs to protect herself legally, she is in a stronger position by not signing his AOS, especially if she is contemplating divorce.

This is a moot point at this juncture. The marriage no longer conforms to the viability requirement for successful adjustment, if southernchic is going to follow through with a divorce. However, that is not to say that in other situations where couples separate and then reconcile, that the marriage could not be in compliance with INA requirements and success come from their later adjustment of status.

My post was meant to extend my heartfelt sympathies to Southernchic and to simply say that feeling compassion for her husband's plight is not reason enough to put her own head in a noose.

This forum can be of invaluable help to so many members here that are either afraid or too embarrassed to post about the problems that they are facing. After so many months or years of waiting, legal processes and the expenses, nail biting moments waiting for approvals, it is a whole different journey when faced with endings. I feel that all who can contribute their experiences should be heard....including the emotions.

Agreed. No one can better empathise with the conflict of emotions over these situations than I.

[2manypapers 0]

You are a very valuable asset to this board DM, I have learned so much from reading your posts.

Yes, life does not always give us the fairytale ending, not even when we put everything we are, everything we have and the best of our intentions.

I am always happy to read about the couples that make it though the process and the adjustment, fortunately, it appears they are in the majority.

Edited March 6, 2008 by 2manypapers

[Caladan 19]

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

[southernchic 0]

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

I appreciate everyone's advice and perspective. If my husband decides to file based on abuse I"ll do what I can to fight it. Otherwise, my goal is to move on with my life and not look back.

I'm not sure what recourse i have. I'm not sure what I can do from a defensive position. I don't even know what impact would such a claim have against me or if it would hurt me as far as employment or some other background check is concerned. I'd love to hear more along these lines.

Otherwise, I'm SERIOUSLY over it.

[pushbrk 12,136]

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

I appreciate everyone's advice and perspective. If my husband decides to file based on abuse I"ll do what I can to fight it. Otherwise, my goal is to move on with my life and not look back.

I'm not sure what recourse i have. I'm not sure what I can do from a defensive position. I don't even know what impact would such a claim have against me or if it would hurt me as far as employment or some other background check is concerned. I'd love to hear more along these lines.

Otherwise, I'm SERIOUSLY over it.

I can't see any way this kind of abuse claim, even if successful for immigration purposes, would have any negative impact on you personally, result in any financial liability or even need to be "fought" beyond telling the truth if asked.

It could impact a future K1 process if soon enough to require a waiver.

Edited March 6, 2008 by pushbrk

[diadromous mermaid 36]

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

Yes, as pushbrk has already stated. Yes, his case would be entirely separate. However, he would need documentation to prove the bonafides of the marriage. Whether he has sufficient evidence of that, and indeed whether this delay could qualify for a waiver, remains to be seen. Southernchic has not submitted an I-864 at this point, so there is no binding agreement with USCIS.

[Caladan 19]

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

Yes, as pushbrk has already stated. Yes, his case would be entirely separate. However, he would need documentation to prove the bonafides of the marriage. Whether he has sufficient evidence of that, and indeed whether this delay could qualify for a waiver, remains to be seen. Southernchic has not submitted an I-864 at this point, so there is no binding agreement with USCIS.

I was just curious, as I realized I didn't actually know. This is good to point out, because we get a lot of people on here worried about the dreaded faked abuse case, and I couldn't see how someone else's self-petition that did not involve (as near as I could tell) any legal or financial responsibility on the part of the USC was the cause for so much fuss.

[southernchic 0]

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

Yes, as pushbrk has already stated. Yes, his case would be entirely separate. However, he would need documentation to prove the bonafides of the marriage. Whether he has sufficient evidence of that, and indeed whether this delay could qualify for a waiver, remains to be seen. Southernchic has not submitted an I-864 at this point, so there is no binding agreement with USCIS.

I was just curious, as I realized I didn't actually know. This is good to point out, because we get a lot of people on here worried about the dreaded faked abuse case, and I couldn't see how someone else's self-petition that did not involve (as near as I could tell) any legal or financial responsibility on the part of the USC was the cause for so much fuss.

Perhaps it makes sense to add a new FAQ or something. Its hard to believe that an abuse case wouldn't have some sort of ramifications some where down the road. Maybe the sherrif doesn't show up at your door but what if you apply for a job and there's a background check and it shows up. Its just good to know how it all works. The alien may still pursue a fake or broadly defined case and win. But ifsomeone's innocent, it would be helpful to gather stories or facts to explain what it means and what it does NOT mean down the road.

[DA BOMB 1]

When filing our AOS our lawyer informed me that whether or not we remain married I was bound to support him for 10 years based on the support paperwork. Also - if you adjust status you would be lying if you said you were happily married. I'm assuming this man is an adult...force him to act like one.

[Ta Ta 1]

When filing our AOS our lawyer informed me that whether or not we remain married I was bound to support him for 10 years based on the support paperwork. Also - if you adjust status you would be lying if you said you were happily married. I'm assuming this man is an adult...force him to act like one.

The OP is fully aware of this. It was discussed in the previous pages.

[Boiler 43,539]

10 years?

That's wrong.

[Ta Ta 1]

My point was she knows she would be lying and has never had any intention to do so. She has made her decision.

The liability again is as posted here earlier

......40 work quarters

......LPR status is abandoned

......becomes US citizen

.....spouse dies

[pushbrk 12,136]

ms. mermaid, suppose a spouse wants to adjust, but doesn't have the support of the USC spouse, and decides to pursue the self-sponsor with failure to file construed as abuse under VAWA option.

In terms of the USC's obligations at that point... are there any? I'm wondering if it's completely irrelevant to southernchic's case aside from her marriage failing. If the guy manages to go through the whole VAWA process to get a green card, using her failure to file as 'abuse' to qualify, it would happen independently of her at this point anyway, right?

Yes, as pushbrk has already stated. Yes, his case would be entirely separate. However, he would need documentation to prove the bonafides of the marriage. Whether he has sufficient evidence of that, and indeed whether this delay could qualify for a waiver, remains to be seen. Southernchic has not submitted an I-864 at this point, so there is no binding agreement with USCIS.

I was just curious, as I realized I didn't actually know. This is good to point out, because we get a lot of people on here worried about the dreaded faked abuse case, and I couldn't see how someone else's self-petition that did not involve (as near as I could tell) any legal or financial responsibility on the part of the USC was the cause for so much fuss.

Perhaps it makes sense to add a new FAQ or something. Its hard to believe that an abuse case wouldn't have some sort of ramifications some where down the road. Maybe the sherrif doesn't show up at your door but what if you apply for a job and there's a background check and it shows up. Its just good to know how it all works. The alien may still pursue a fake or broadly defined case and win. But ifsomeone's innocent, it would be helpful to gather stories or facts to explain what it means and what it does NOT mean down the road.

Claims of abuse to USCIS don't go in a record against you other than as related to immigration. An actual criminal arrest and charge for abuse would. At this point, we're only discussing an AOS applicant's "claim". If that claim includes a police report, whole different story. That doesn't apply here.

[Ta Ta 1]

10 years?

That's wrong.

40 work quarters ' usually ' are equivilant to 10 years according to the instructions on the affidavid of support form I-864.