Jump to content
javaman

who do I contact about divorcing K-1 visa holder?

 Share

34 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Kazakhstan
Timeline

sorry to say Alma and I are not going to live happily ever after, at least not with each other. without going into too much detail I'll just say we got married within the 90 day time frame but she left and I have filed for divorce, also within the 90 day time frame before her K-1 visa was up.

can anyone out there tell me who I need to contact in immigration? Is it the USCIS? got an email address, postal address or phone number?

anyone had similar experience? how did it work out?

thanks,

Scott

Alma, Almaty, Kazakhstan & Scott, Horse Cave, Kentucky

Link to comment
Share on other sites

  • Replies 33
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

sorry to say Alma and I are not going to live happily ever after, at least not with each other. without going into too much detail I'll just say we got married within the 90 day time frame but she left and I have filed for divorce, also within the 90 day time frame before her K-1 visa was up.

can anyone out there tell me who I need to contact in immigration? Is it the USCIS? got an email address, postal address or phone number?

anyone had similar experience? how did it work out?

thanks,

Scott

Why would you need to contact USCIS? There's nothing for you to do.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

Filed: K-1 Visa Country: Brazil
Timeline

Aw, I'm sorry it didn't work out. Well, I'm far from being an expert, but it seems that it doesn't matter which visa she's under. Divorce should proceed like "normal".

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

Link to comment
Share on other sites

She has an I-94 valid for 90 days. At the end of the 90 days she will have either returned home or she will be an overstay unless the situation allows her to file for AOS on her own. Unless the relationship was fraudulent, what is it you expect to accomplish?

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline
She has an I-94 valid for 90 days. At the end of the 90 days she will have either returned home or she will be an overstay unless the situation allows her to file for AOS on her own. Unless the relationship was fraudulent, what is it you expect to accomplish?

i don't think it would hurt for him to keep them informed, as the usc is on the financial hook for the non-usc.

sorry to say Alma and I are not going to live happily ever after, at least not with each other. without going into too much detail I'll just say we got married within the 90 day time frame but she left and I have filed for divorce, also within the 90 day time frame before her K-1 visa was up.

can anyone out there tell me who I need to contact in immigration? Is it the USCIS? got an email address, postal address or phone number?

anyone had similar experience? how did it work out?

thanks,

Scott

rather than divorce, is there a chance at getting it annulled (it might be faster is what i'm thinking - if such is possible in your state)

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Link to comment
Share on other sites

She has an I-94 valid for 90 days. At the end of the 90 days she will have either returned home or she will be an overstay unless the situation allows her to file for AOS on her own. Unless the relationship was fraudulent, what is it you expect to accomplish?

i don't think it would hurt for him to keep them informed, as the usc is on the financial hook for the non-usc.

How is he on the financial hook? They didn't file AOS. He hasn't completed and I-864.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

She has an I-94 valid for 90 days. At the end of the 90 days she will have either returned home or she will be an overstay unless the situation allows her to file for AOS on her own. Unless the relationship was fraudulent, what is it you expect to accomplish?

i don't think it would hurt for him to keep them informed, as the usc is on the financial hook for the non-usc.

How is he on the financial hook? They didn't file AOS. He hasn't completed and I-864.

remember that statement of intent to marry?

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Link to comment
Share on other sites

She has an I-94 valid for 90 days. At the end of the 90 days she will have either returned home or she will be an overstay unless the situation allows her to file for AOS on her own. Unless the relationship was fraudulent, what is it you expect to accomplish?

i don't think it would hurt for him to keep them informed, as the usc is on the financial hook for the non-usc.

How is he on the financial hook? They didn't file AOS. He hasn't completed and I-864.

remember that statement of intent to marry?

What about it? He did marry her. Intentions don't create legally binding contracts...the I-864 does.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

She has an I-94 valid for 90 days. At the end of the 90 days she will have either returned home or she will be an overstay unless the situation allows her to file for AOS on her own. Unless the relationship was fraudulent, what is it you expect to accomplish?

i don't think it would hurt for him to keep them informed, as the usc is on the financial hook for the non-usc.

How is he on the financial hook? They didn't file AOS. He hasn't completed and I-864.

remember that statement of intent to marry?

What about it? He did marry her. Intentions don't create legally binding contracts...the I-864 does.

i-134 affidavit of support - part 5: that i am willing and able to receive, maintain, and support the person named in item 3. (more stuff but i'm not gonna type it)

part 6 - ....this affidavit will be binding upon me for a period of three (3) years....

so he is on the hook for her financially - and he should report to uscis what is going on for that reason

all of this is part of the package sent to the fiance(e) prior to approval of the visa.

i-134

Edited by charlesandnessa

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Link to comment
Share on other sites

She has an I-94 valid for 90 days. At the end of the 90 days she will have either returned home or she will be an overstay unless the situation allows her to file for AOS on her own. Unless the relationship was fraudulent, what is it you expect to accomplish?

i don't think it would hurt for him to keep them informed, as the usc is on the financial hook for the non-usc.

How is he on the financial hook? They didn't file AOS. He hasn't completed and I-864.

remember that statement of intent to marry?

What about it? He did marry her. Intentions don't create legally binding contracts...the I-864 does.

i-134 affidavit of support - part 5: that i am willing and able to receive, maintain, and support the person named in item 3. (more stuff but i'm not gonna type it)

part 6 - ....this affidavit will be binding upon me for a period of three (3) years....

so he is on the hook for her financially - and he should report to uscis what is going on for that reason

all of this is part of the package sent to the fiance(e) prior to approval of the visa.

i-134

http://www.lawhelp.org/WA/showdocument.cfm...mcodeid/1711201

Effect on the sponsor: The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant.

The uninforceability of the I-134 was the reason for the creation of the I-864

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

Filed: K-1 Visa Country: Kazakhstan
Timeline

thanks guys. actually the main reason for my concern was the fact that I had signed the I-134. I want to know what my responsibility was from this point.

I don't know where she is now but I hope she's happy. Don't really care if she stays in the US or not as long as I don't have to pay the bill and I don't get in any type of trouble for not reporting the failure of the terms of the K-1 visa.

your comments have been helpful. good luck to you.

scott

Alma, Almaty, Kazakhstan & Scott, Horse Cave, Kentucky

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

Just want to say truly sorry that it did not work out for you both.

10Yr GC arrived 07/02/09 - Naturalization is next

The drama begins - again!

And now the drama ends - they took the Green card . . .

Link to comment
Share on other sites

Filed: K-1 Visa Country: Kazakhstan
Timeline

thanks guys. actually the main reason for my concern was the fact that I had signed the I-134. I want to know what my responsibility was from this point.

I don't know where she is now but I hope she's happy. Don't really care if she stays in the US or not as long as I don't have to pay the bill and I don't get in any type of trouble for not reporting the failure of the terms of the K-1 visa.

your comments have been helpful. good luck to you.

scott

She has an I-94 valid for 90 days. At the end of the 90 days she will have either returned home or she will be an overstay unless the situation allows her to file for AOS on her own. Unless the relationship was fraudulent, what is it you expect to accomplish?

i don't think it would hurt for him to keep them informed, as the usc is on the financial hook for the non-usc.

How is he on the financial hook? They didn't file AOS. He hasn't completed and I-864.

remember that statement of intent to marry?

What about it? He did marry her. Intentions don't create legally binding contracts...the I-864 does.

i-134 affidavit of support - part 5: that i am willing and able to receive, maintain, and support the person named in item 3. (more stuff but i'm not gonna type it)

part 6 - ....this affidavit will be binding upon me for a period of three (3) years....

so he is on the hook for her financially - and he should report to uscis what is going on for that reason

all of this is part of the package sent to the fiance(e) prior to approval of the visa.

i-134

Alma, Almaty, Kazakhstan & Scott, Horse Cave, Kentucky

Link to comment
Share on other sites

Filed: K-1 Visa Country: China
Timeline

If I had seen that photo before she came here I would have warned you.Sorry I could not help.

sorry to say Alma and I are not going to live happily ever after, at least not with each other. without going into too much detail I'll just say we got married within the 90 day time frame but she left and I have filed for divorce, also within the 90 day time frame before her K-1 visa was up.

can anyone out there tell me who I need to contact in immigration? Is it the USCIS? got an email address, postal address or phone number?

anyone had similar experience? how did it work out?

thanks,

Scott

Link to comment
Share on other sites

Filed: K-1 Visa Country: Kazakhstan
Timeline

thanks guys. actually the main reason for my concern was the fact that I had signed the I-134. I want to know what my responsibility was from this point.

I don't know where she is now but I hope she's happy. Don't really care if she stays in the US or not as long as I don't have to pay the bill and I don't get in any type of trouble for not reporting the failure of the terms of the K-1 visa.

your comments have been helpful. good luck to you.

scott

She has an I-94 valid for 90 days. At the end of the 90 days she will have either returned home or she will be an overstay unless the situation allows her to file for AOS on her own. Unless the relationship was fraudulent, what is it you expect to accomplish?

i don't think it would hurt for him to keep them informed, as the usc is on the financial hook for the non-usc.

How is he on the financial hook? They didn't file AOS. He hasn't completed and I-864.

remember that statement of intent to marry?

What about it? He did marry her. Intentions don't create legally binding contracts...the I-864 does.

i-134 affidavit of support - part 5: that i am willing and able to receive, maintain, and support the person named in item 3. (more stuff but i'm not gonna type it)

part 6 - ....this affidavit will be binding upon me for a period of three (3) years....

so he is on the hook for her financially - and he should report to uscis what is going on for that reason

all of this is part of the package sent to the fiance(e) prior to approval of the visa.

i-134

http://www.lawhelp.org/WA/showdocument.cfm...mcodeid/1711201

Effect on the sponsor: The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant.

The uninforceability of the I-134 was the reason for the creation of the I-864

Alma, Almaty, Kazakhstan & Scott, Horse Cave, Kentucky

Link to comment
Share on other sites

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- 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.
×
×
  • Create New...