advise needed!!!

[genlramos 0]

Good day to all,

I just wanted to ask an advise in behalf of my friend who needs help. She's been here (usa) for 11 months now on a k-1 visa, married, but wasn't able to adjust her status and no ssn because her husband just don't want to do it.

Please anyone who has a knowledge related to this case we need your advise.

Fidelramos

[Ladylethal 12]

What do you mean the husband doesn't want to do it? Does he want a divorce?

[genlramos 0]

Thanks for the quick reply, Exactly. He wants a divorce and offer her some amount of money to go back to her country. But there are some days that he will just tell her to wait or he needs time but until now still he doesn't care to process their case.

[Ban Hammer 12,845]

hmmm methinks this needs to go to another forum

from ot to the changes forum.

[Bobby+Umit 161]

Thanks for the quick reply, Exactly. He wants a divorce and offer her some amount of money to go back to her country. But there are some days that he will just tell her to wait or he needs time but until now still he doesn't care to process their case.

Without the AOS, or the support affidavit (I-864), your friend will have no choice but to return to her home country. (No sponsor, no conditional GC)

If she doesn't get the AOS done, she will be out of status, and subject to deportation.

Unless there are some sort of "abuse" charges or the like, she will have no avenues of doing the AOS herself. But it sounds like her "husband" doesn't care about the marriage and is just letting it die on the vine.

She can speak to a lawyer, but I doubt they could do much about staying here. However, she should pursue divorce, perhaps she can get some alimony out of him before she has to leave. (regardless, she shouldn't leave without getting a divorce first)

[genlramos 0]

Hi Bob,

Thanks for the reply. I had some thoughts about it but it breaks my heart thinking about her situation. She's very helpful to him but just maybe some adjustments turn their relation upside down.

[Elghazi2008 4]

Yes, if she came here on a K-1, is married, and she has been here for 11 months....and he will not get her a SSN and doesn't have interest in the marriage, her best bet is to pursue a divorce and go home.

She should have a SSN by now. If she wants to, she can go down and apply for the SSN herself at the SS office. However, she can not file for AOS without her husband because she is unable to work and needs proof from him that he is supporting her. If her husband is not supportive and is not helping her at this point, why would she want to stay here with him anyway? What are his reasons for not wanting to get her a SSN so she can file for AOS?

Hi Bob,

Thanks for the reply. I had some thoughts about it but it breaks my heart thinking about her situation. She's very helpful to him but just maybe some adjustments turn their relation upside down.

[Ladylethal 12]

I agree, she did get married, but the husband doesn't want to go forward with the process now, she is out of status since she doesn't have her conditional GC. If they can't work things out in their relationship at this point divorce and returning home might be the best option for both.