One of my friends needs some help

[NigeriaorBust 4,087]

Yet another tale of a US citizen being USED as a stepping stone to US residence. Why is it that foreign nationals feel they have the right to use another human in this way. I bet there was no sign of marital troubles while the USC put their life on hold to file to bring the spouse here. No the troubles surfaced as soon as the foreign national had his hands on the prize, residence in the US. Stories like this sadden me, that someone has so little respect for their fellow human beings and that we as a country would reward this behavior by letting them use a USC in that way.

[justashooter 430]

No he did not find any new chicks LOL .He was just asking .Maybe he knows that he lost his wife now .And maybe he does not want to go back to Egypt with empty hands .What will he say to his family and to his friends if he come back to Egypt 4 or 5 months later after he moved to USA ?!

But you guys have the rights to think about it that way .I would think and say the same if i don't know that guy . But in fact he is good guy and i don't think that he used his wife to move to USA for many reasons .

One of those reasons is Well if he used her to move to USA i guess he would not care so much about what she does .He would not care if she drink or not ......He would just care about living with her and to save money .........

some of us understand that marriage is viewed differently in foreign countries, and that the last thing an imported spouse wants to do is go back to their home country with empty hands. after all, their family is expecting big cash out of the deal, and an easy lifestyle on the back of the immigrant and his spouse. too bad Americans do not see marriage in this light.

maybe this guy should have gotten to know his wife before he married her, and maybe he should have done some research on the difference between American women and middle eastern muslim women. maybe he should have thought things through before reachign for the brass ring. too bad, but his own failure to examine these questions is his responsibility, and he must play the game with the cards he is dealt, or he must fold the hand and back away from the table.

[milimelo 4,194]

No he did not find any new chicks LOL .He was just asking .Maybe he knows that he lost his wife now .And maybe he does not want to go back to Egypt with empty hands .What will he say to his family and to his friends if he come back to Egypt 4 or 5 months later after he moved to USA ?!

I don't know, "It didn't work out, I'm back? Next time I'll try to find a woman who is of the same religion as me so there won't be any issues."

He's barely been here 5 months, he should have no problems going back to his home country.

[sachinky 464]

While it might be embarassing for him to return to Egypt "empty-handed," there's no reason for him not to now that his marriage is over.

How well did he really know his wife if he wasn't aware that she drank? Maybe he should have actually bothered to find out if they were compatible and she could adhere to his notions of a good Islamic woman BEFORE they got married?

Edited May 5, 2010 by sachinky

[gina_raluca 14]

some of us understand that marriage is viewed differently in foreign countries, and that the last thing an imported spouse wants to do is go back to their home country with empty hands. after all, their family is expecting big cash out of the deal, and an easy lifestyle on the back of the immigrant and his spouse. too bad Americans do not see marriage in this light.

I apologize for the off-topic, but this post is extremely inflammatory:

Justashooter, your perspective on a foreign woman's expectations comes from your personal experience? Your wife and her family are expecting "big cash out of the deal?" Your post is a crass generalization and a huge offense to the people who come here with higher education degrees or pursue higher education here and find highly lucrative jobs. Or to those who come here and work together with their spouse toward building a better life. Your posts are extremely prejudicial.

Imported spouse? - is she a commodity? I sure hope this is not your attitude toward your wife.

Edited May 5, 2010 by gina_raluca

[Kathryn41 3,205]

The OP asked for information - he did not ask for your judgments and specifically asked you not to make judgments. If you cannot answer the questions asked without adding speculations and judgments then please do not respond. This is not the Off Topic forum.

[Okalian 41]

too bad Americans do not see marriage in this light.

Go to britishexpats.com and see how many cases where Americans want to marry European women just to obtain EU citizenships to stay in Europe (check the Swiss section to be exact). Trust me, there's that "group" in each and every country who want to get things the easy way. Don't single out Americans or any people in particular. There's the good and bad in every culture. This is of course presuming he's the way you judged him.

And from a person like you who thinks of a wife as an "import" and compares marriage to poker, I think you speak for your character. Don't assume everyone else thinks the same way you do, and simply wants to get "big cash out of the deal"....certainly your signature says it all..

Edited May 6, 2010 by Okalian

[gina_raluca 14]

Go to britishexpats.com and see how many cases where Americans want to marry European women just to obtain EU citizenships to stay in Europe (check the Swiss section to be exact). Trust me, there's that "group" in each and every country who want to get things the easy way. Don't single out Americans or any people in particular. There's the good and bad in every culture. This is of course presuming he's the way you judged him.

And from a person like you who thinks of a wife as an "import" and compares marriage to poker, I think you speak for your character. Don't assume everyone else thinks the same way you do, and simply wants to get "big cash out of the deal"....certainly your signature says it all..

Okalian, he is not worth any attention. He wants to provoke people. It's clear that his life would be very uneventful were it not for this site.

[tenderheartusa79 14]

Thank you so much guys for your replies i really appreciate it .

Yeah i did ask you guys to not judge the guy .But sadly most of you judged him and even don't know him .You don't know if he is bad or if he good guy .

Talking about that he is using his wife Well i Swear to God if i feel 1% that he is using her i swear to God again i would not try to help him and i would not even talk to him anymore .

It really hurts me as much as it hurts you when i see a man/a woman using an American citizen to just move to USA .I have seen so many cases on VJ .And believe it or not i was even fighting with some of those people .

And yeah you don't have to think about like all of the world just want to use American people to move to USA .It really happens everywhere even here in Egypt ! Yeah even here in Egypt i have seen so many people from another countries'' Russia ,Philippines........'' they are trying to get married to Egyptians so they can stay in Egypt .

And some of you sent me messages and they said that i should be reported ! I really don't know why i should be reported ?! I did not do anything wrong here .I know that VJ is very helpful and i know that there are so many people who would like to help my friend . And even some you said that maybe I'm a fraudulent my self .C'mon you don't know me at all to judge me like that .

I just want to tell you something guys .If my friend is using his wife just to move to USA .He would not care if she drink or not .He would not care about what she does .

He would at least wait till he get his green card and til he get his paperwork done ! but he even does not want to wait !

Once again thank you so much guys .

[JimVaPhuong 4,863]

Ok, this is not an attempt to be judgmental, but just an attempt to summarize the situation and options based on the facts you've presented.

Your friend and his wife both made some mistakes. She didn't understand traditional Muslim men, and he didn't understand American women. There is very little chance he's going to learn to accept her habits, and very little chance she's going to drop those habits and become a good Muslima. This isn't just a minor misunderstanding, but a huge barrier in their relationship. Your friend and his wife should probably accept that there is no future in this relationship and end it.

They should be able to obtain a divorce in the state where they reside. There are usually minimum residency requirements. I believe the minimum residency in California is 1 year.

He can't adjust status and become an LPR without her sponsorship. The only way this could be done is if she had abused him, and he had substantial evidence of this. Her drinking and committing other acts of fitnah would not qualify as abuse under US immigration law. Neither would her disparaging remarks about Islam.

They could decide to remain married long enough to complete the AOS and then divorce. He'll have to apply to remove conditions before his green card expires, and he'll have to show evidence that he entered the marriage in good faith. If I were advising his wife, I'd tell her not to do it. Why would anybody sign an affidavit of support for somebody if they knew the marriage wasn't going to last?

There have been a couple of cases where K visa holders have successfully adjusted status after a divorce, but they involved immigrants who had divorced after filing jointly with their spouses, and required long and costly court battles to fight deportation. They also involved the 9th Circuit Court of Appeals, which has a track record for judicial activism, and whose decisions are overthrown more than any other federal appeals court. I don't know of any case where someone divorced prior to filing for AOS and successfully managed to adjust status other than through VAWA (abuse).

Since he entered on a K3, he cannot adjust status based on a marriage to anyone other than the petitioner. He also cannot change to any other non-immigrant status. If he divorces and remarries then he should return to Egypt and wait out a spousal visa. Next time, he should apply for a CR1 instead of a K3 so he won't have to deal with the AOS. Expect the consulate to scrutinize the next visa application very closely.

[Brother Hesekiel 2,235]

Next time, he should apply for a CR1 instead of a K3 so he won't have to deal with the AOS. Expect the consulate to scrutinize the next visa application very closely.

What a polite and sophisticated way of saying that it is highly unlikely that he won't get another chance like this again . . .

[tenderheartusa79 14]

Ok, this is not an attempt to be judgmental, but just an attempt to summarize the situation and options based on the facts you've presented.

Your friend and his wife both made some mistakes. She didn't understand traditional Muslim men, and he didn't understand American women. There is very little chance he's going to learn to accept her habits, and very little chance she's going to drop those habits and become a good Muslima. This isn't just a minor misunderstanding, but a huge barrier in their relationship. Your friend and his wife should probably accept that there is no future in this relationship and end it.

They should be able to obtain a divorce in the state where they reside. There are usually minimum residency requirements. I believe the minimum residency in California is 1 year.

He can't adjust status and become an LPR without her sponsorship. The only way this could be done is if she had abused him, and he had substantial evidence of this. Her drinking and committing other acts of fitnah would not qualify as abuse under US immigration law. Neither would her disparaging remarks about Islam.

They could decide to remain married long enough to complete the AOS and then divorce. He'll have to apply to remove conditions before his green card expires, and he'll have to show evidence that he entered the marriage in good faith. If I were advising his wife, I'd tell her not to do it. Why would anybody sign an affidavit of support for somebody if they knew the marriage wasn't going to last?

There have been a couple of cases where K visa holders have successfully adjusted status after a divorce, but they involved immigrants who had divorced after filing jointly with their spouses, and required long and costly court battles to fight deportation. They also involved the 9th Circuit Court of Appeals, which has a track record for judicial activism, and whose decisions are overthrown more than any other federal appeals court. I don't know of any case where someone divorced prior to filing for AOS and successfully managed to adjust status other than through VAWA (abuse).

Since he entered on a K3, he cannot adjust status based on a marriage to anyone other than the petitioner. He also cannot change to any other non-immigrant status. If he divorces and remarries then he should return to Egypt and wait out a spousal visa. Next time, he should apply for a CR1 instead of a K3 so he won't have to deal with the AOS. Expect the consulate to scrutinize the next visa application very closely.

Thank you so much .

[pushbrk 12,106]

Bobby wrote:

He did not file for AOS '' So he has not SSC or a green card '

He could of gotten the SSC before or after he arrived in the US. (no matter, you do not need the SSN to AOS)

==============================================================================================

K3 cannot obtain a Social Security number or card without EAD.

Once the divorce is final, he has 30 days to leave the USA or be in an overstay status. However, yes, since he did enter legally, if he stays illegally then later enters into a legitimate marriage to a US Citizen and files to adjust status, his overstay would be forgiven just like any other person in an overstay situation EXCEPT those who entered as K1. This doesn't work for K1 but does for K3.

[Boiler 43,430]

Bearing in mind his beliefs and religious practices, sounds like he would be much better going home anyway.

[JimVaPhuong 4,863]

Bobby wrote:

He did not file for AOS '' So he has not SSC or a green card '

He could of gotten the SSC before or after he arrived in the US. (no matter, you do not need the SSN to AOS)

==============================================================================================

K3 cannot obtain a Social Security number or card without EAD.

Once the divorce is final, he has 30 days to leave the USA or be in an overstay status. However, yes, since he did enter legally, if he stays illegally then later enters into a legitimate marriage to a US Citizen and files to adjust status, his overstay would be forgiven just like any other person in an overstay situation EXCEPT those who entered as K1. This doesn't work for K1 but does for K3.

Section 245(d) of the INA refers to both types of K visas. I don't see any exception that would allow a K3 to adjust status based on marriage to someone other than the petitioner. Where is this allowed in the INA?