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annrn

A Mistake and I Need Some Help

By annrn in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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annrn Newbie

annrn   0

Posted
Filed: Timeline
Posted

This is difficult to post, but I will do my best. I married a USC at the beginning of the year. Once I married this person I knew it was a mistake. This person now tries to control my life in every way possible, always using the gc as a way to control me. To make a long story short, I met someone online and we have become very good friends. Three months ago I went for my AOS interview and was not approved. We were told that they need to review my case and will reinterview us. My question is this, I am very unhappy in my marriage and I don't think I can stay. I would like to get divorced and marry the person who I have met. We both are very much in love with each other. Will USCIS give us a hard time if I get divorced and then remarry in probably 1 month. Also, what would happen to my status. I do have AP, SS# and driver's license as well as EAD approval. I know that this is a difficult situation, but it is all true. I do not want to be controlled because of a gc and I also want to marry the person I truly love and care for.

Any advice would be appreciated.

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

How did you enter the USA?? By K-1??

If by K-1 the requirement of adjustment of status approval it that you marry the person who filed the I-129F, If you divorce befor aproval and attempt to adjust status based on a marriage to someone else you probably will be denied.

A marriage followed by divorce, then another marriage just looks like you married for the Green-Card.

:time:http://www.visajourney.com/timeline/profile.php?id=59142 (This helps understand your situation)

Please fill in profile details, you are "AOS Pending" Not N/A, and you have a home country, not N/A http://www.visajourney.com/forums/index.ph...rCP&CODE=01

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Boiler Grand Master

Boiler   47,437

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

It all starts from how you entered.

“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.”

jodee Proficient

jodee   30

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Moved to AOS General Discussion, as it is not a Removal of Conditions scenario.

"When a man is educated, an individual is educated; when a woman is educated, a family and a country are educated."

— Mahatma Gandhi

The timeline... (Frankfurt) for the kids visas

10/22/2007 Filed I-130 x 2 in person + paid 710 USD (355 each )

10/22/2007 Filed DS-230 part 1 x 2

10/22/2007 Received the document checklist and FRN (case) numbers

12/18/2007 I-130 petition approved, but I didn't know. I was away at the time, didn't get confirmation letters til I got back from the states.

12/20/2007 Notice of Approval arrives in tha mail. According to the date received stamp on back of envelope at my post box.

Will now wait til hubby is back from Iraq to fax in checklist readiness, even though, I have been ready since day of lodging I-130's. all except medical.

02/18/2008 Faxed the "checklist" back to the consulate.

02/25/2008 Medicals completed.

02/25/2008 Appt letters in mail for appt on March 7th. Cant go due to prior military commitments. Emailed consulate and received an amended appt date of March 12th 2008.

03/12/2008 Visa interview - APPROVED x 2

03/27/2008 Visa's finally generated. I emailed the consulate. they apologised for the delay. They forgot to issue the visas after approval.

03/31/2008 Received visas

04/26/2008 Flying out of Frankfurt to next duty station on orders.

annrn Newbie

annrn   0

Posted
Filed: Timeline
  • Author
Posted
Moved to AOS General Discussion, as it is not a Removal of Conditions scenario.

I entered on a tourist visa. It was good for 10 years, but I had to leave the country after 6 months. I was never out of status.

Eric-Pris Experienced

Eric-Pris   1,607

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted

Here's the scenario I envision...

She entered on a tourist visa, with the sole intention of finding a guy to marry just to get a greencard.

So she found this guy and they married. Since she felt nothing for this guy to begin with, she went right online and met another guy. Now she's deeply in love with her "very good friend" and wants to marry him. He's the one she "truly" loves, the first guy is just greencard love.

My advice: go back home!

jundp Mentor

jundp   191

Posted
Filed: Country: Germany
 Timeline
Posted

Annrn,

I think some of us may be a bit confused, so please bear with me. You entered on a tourist visa...then met your current husband and eventually got married? How long have you been in the US? What do you mean by 'he's controlling you with the greencard'? Where there concrete reasons given for your denial of AOS? It's hard really to know which direction to point you with so little information.

____________________________________

Done with USCIS until 12/28/2020!

penguinpasscanada.jpg

"What difference does it make to the dead, the orphans, and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty and democracy?" ~Gandhi

anitacastillo Community Regular

anitacastillo   0

Posted
Filed: AOS (apr) Timeline
Posted

Sorry to hear that this marriage is not working out.

Sounds like the most legal thing would be to get divorced, stop the AOS, go back to your country, get engaged to your new "friend", start a K-1 visa.

Please be careful before you bring babies into an unstable situation.

Boiler Grand Master

Boiler   47,437

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Getting divorced ad remarrying is no major issue, very American

And new hubbie can file to adjust your status, might be an interesting interview. But how it would go is anybodys guess

“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.”

STEPHnRIA Community Regular

STEPHnRIA   2

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted (edited)
Getting divorced ad remarrying is no major issue, very American

And new hubbie can file to adjust your status, might be an interesting interview. But how it would go is anybodys guess

:thumbs:

Divorce and remarry -A lot of people went through that without greencard involved.

Edited by STEPHnRIA

January 16, 2008 - sent I-129F (Vermont)

January 21, 2008 - NOA1

March 16, 2008 - NOA2

August 7&9,2008 - Medical K1&K2

August 21, 2008 - Paid document verification fee (P1,300)

August 27, 2008 - Interview

September 08,2008 - Document Verification request sent to NSO

Spetember 19,2008 - Document Verification done -sent back to US Embassy Manila

November 03, 2008 - Case under review

November 26, 2008 - VISA printed

November 28, 2008 - VISA in transit

December 02, 2008- VISA IN HAND

January 12, 2009 - Arrived USA, POE Los Angeles

January 21, 2009 - Got married

January 22, 2009 - Applied for SSN

___________________________________________________________

AOS

February 10, 2009 - Went to Dr. Janet Pettyjohn for form I-693

February 11, 2009 - Sent our AOS packet to Chicago

February 12, 2009 - Packet received signed for by L BOX

February 22, 2009 - Received NOA1 for AOS, EAD & AP

March 17, 2009 - Biometrics Appointment

March 21, 2009 - SSN card arrived in the mail

April 6, 2009 - took driver's license exam and passed! (written and road test)

April 10, 2009 - Repeat Biometrics Appointment

April 14,2009 - Received AP documents in the mail

April 16, 2009 - Received EAD in the mail

SEptember 4, 2009 - GREENCARD received

FCH Enthusiast

FCH   1

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
Sorry to hear that this marriage is not working out.

Sounds like the most legal thing would be to get divorced, stop the AOS, go back to your country, get engaged to your new "friend", start a K-1 visa.

Please be careful before you bring babies into an unstable situation.

thats right!

and for you not to be judged as to marrying for the greencard, get a divorce. cancel the AOS. move back to your country. go on K1.

sometimes the whole k1 journey can really bring out the worst and best in you and your partner. and it takes your relationship to a different level. the sacrifices you have to make, the distance between you and this new man in your life, the the ####### uscis will put you through - will be one hell of a test test of true feelings.

of course filing for K1 is not a guarantee to tell if one is after the green card or not but it sure takes out the sanity in you.

with your husband using the green card to manipulate you, we havent heard his side. its all your side on VJ. maybe your husband is using the gc because he feels you used him too. MAYBE. theres two sides of the story.

but thats your private life.

your concern with VJ members is what to do now you met someone else... just do the right thing.

i was already in the US for a couple of times on tourist visa but i chose to go home and file K1. i wanted to test myself if i really love this person or not, and vice versa. uscis will really make you think if this is all worth it. and it is...

anitacastillo's reply to this is just about right... divorce. AOS off. go home. then K1.

merry christmas.

THE JOURNEY

03-31-08 - FILED for K1

04-16-08 - NOA1

06-11-08 - RFE on uscis website

08-12-08 - fiance started calling uscis every week cos he never got the RFE in the mail, requested for a new one

08-13-08 - touched

09-19-08 - touched

09-24-08 - touched

10-15-08 - new RFE finally in the mail (after hundreds of calls to uscis)

10-28-08 - fiance sent back RFE documents

10-31-08 - touched

11-04-08 - RFE reply recieved

11-05-08 - touched

11-10-08 - APPROVED (on uscis website)

11-11-08 - touched

11-13-08 - touched

11-17-08 - NOA2

11-24-08 - consulate received

12-15-08 - day 1 medical exam at SLEC

12-16-08 - day 2 medical exam results released

01-07-09 - INTERVIEW APPROVED

01-16-09 - visa received

02-12-09 - CFO

03-15-09 - FLIGHT

06-11-09 - wedding

07-10-09 - AOS

08-21-09 - biometrics

09-23-09 - repeat biometrics (argh!)

LaL Veteran

LaL   418

Posted
Filed: AOS (apr) Timeline
Posted (edited)
You do know that you are effectively out of status the day your I94 expires, right?

Lal,

Yes, I do know that.

Oh ok - I was just questioning because of the below in bold.

I entered on a tourist visa. It was good for 10 years, but I had to leave the country after 6 months. I was never out of status.

My suggestion would be to get at the very least a consultation with an immigration attorney.

Edited by LaL
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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