Divorce affect on current visa

[dgubnet 0]

Hi, I've been married to a philippina for 2.5 years, she just recently was able to come over in Dec 2009. Turns out she apparently doesn't want to stay married to such a degree, we haven't been intimate and there's been no sign of affection from her since she arrived.

If I file for divorce and it goes through, will her visa be revoked?

[Deputy Purple 1,294]

Once you are divorced her K-3 should be invalidated as it is for the Spouse of a USC.

Have you spoken to her about why she is being like this?

You have the fortunate situation of not having to file for AOS right away unless you need her to work. If you love her then why not try to work it out using the validity time of her K-3?

[pushbrk 12,114]

Hi, I've been married to a philippina for 2.5 years, she just recently was able to come over in Dec 2009. Turns out she apparently doesn't want to stay married to such a degree, we haven't been intimate and there's been no sign of affection from her since she arrived.

If I file for divorce and it goes through, will her visa be revoked?

A K3 visa holder's visa becomes invalid 30 days after final divorce decree but it's not likely anybody is going to come looking for her. If it's a CR1 visa in her passport, different story. Which visa does she actually have?

Edited May 18, 2010 by pushbrk

[dgubnet 0]

We were married in the philippines and she arrived here in Dec 2009 on a K3 visa. Not a fiance visa ( K1 ).

I do love her, but from what she is saying, she was pressured into marrying me by her family members for financial reasons, and that being said, I blame her as well for going along with it. I met her thru her aunt who has been married to a friend of mine for 10 years, and when I went there to marry her, she "claimed" it was love.

Since she's been here though, she's shown me no real affection and most days it's like she doesn't even want to be in the same room. Also, we've not been intimate since she arrived and she doesn't even like me to touch her. btw - I'm not some ugly looking dude, I'm have way decent... lol

Her cousin also lives nearby ( who is illegal ) and she has moved to her cousin's house. Now I asked her if this was just a seperation or is her intention to never come back. All she'll say is "let's see where this takes us..."

My fear is that she's not directly answering the question because she's afraid I'll divorce her and it will impact her visa.

Believe me there is nothing I would prefer than to stay married to her. But keep in mind that my kindness has been taken advantage of here and I'm very hurt because of it.

[milimelo 4,205]

If she doesn't have her green card yet (no AOS submitted), then she needs to leave the country within 30 days after the divorce is final.

[gina_raluca 14]

We were married in the philippines and she arrived here in Dec 2009 on a K3 visa. Not a fiance visa ( K1 ).

I do love her, but from what she is saying, she was pressured into marrying me by her family members for financial reasons, and that being said, I blame her as well for going along with it. I met her thru her aunt who has been married to a friend of mine for 10 years, and when I went there to marry her, she "claimed" it was love.

Since she's been here though, she's shown me no real affection and most days it's like she doesn't even want to be in the same room. Also, we've not been intimate since she arrived and she doesn't even like me to touch her. btw - I'm not some ugly looking dude, I'm have way decent... lol

Her cousin also lives nearby ( who is illegal ) and she has moved to her cousin's house. Now I asked her if this was just a seperation or is her intention to never come back. All she'll say is "let's see where this takes us..."

My fear is that she's not directly answering the question because she's afraid I'll divorce her and it will impact her visa.

Believe me there is nothing I would prefer than to stay married to her. But keep in mind that my kindness has been taken advantage of here and I'm very hurt because of it.

I'm sorry that I cannot give you an answer about her immigration situation. I read your message and I wanted to say that I am sorry you are getting rejected like this. I am struck by the fact that you want nothing more than to still be married to her. I think we all deserve to be respected and treated accordingly. Best.

[Deputy Purple 1,294]

I do love her, but from what she is saying, she was pressured into marrying me by her family members for financial reasons, and that being said, I blame her as well for going along with it. I met her thru her aunt who has been married to a friend of mine for 10 years, and when I went there to marry her, she "claimed" it was love.

Believe me there is nothing I would prefer than to stay married to her. But keep in mind that my kindness has been taken advantage of here and I'm very hurt because of it.

Well you do have an option of using the validity time of the K-3 to work things out between you but I would caution you to not file for Adjustment of Status unless you are sure the relationship is on the mend.

How well did you know her when you married? If you think that she just needs time to get to know you then invite her to move back in (even if you sleep separately) and try to build a friendship first.

Honestly though, if she won't even give the marriage a chance then why are you waiting around? I'd file for the divorce if she won't live under the same roof and at least try to get to know you.

[dgubnet 0]

As I indicated, we met through her aunt. As for our relationship being mended - it's really up to her. I've given more than most would have at a heavy cost. Not just financially, but emotionally as well. I've tried for 5 months to talk to her asking her to open her heart to me so to speak, but she just wouldn't.

Last week, I asked her again and gave her the choice. I indicated that she had the choice to talk it through with me, and if she was unwilling to then it would be best if she left. So she left. That was her choice.

[dgubnet 0]

btw - she does have a green card because we were unable to get the visa originally unless we submitted an AOS.

[Anh map 2,098]

btw - she does have a green card because we were unable to get the visa originally unless we submitted an AOS.

Adjustment of Status occurs after the beneficiary enters the US, not at the embassy.

Did you submit both an I-129F petition and an I-130? It sounds like they acted on the I-130 and she received the CR1 spouse visa. If that's so then she has the green card and your divorce will have no impact on her immigration status.

[pushbrk 12,114]

Adjustment of Status occurs after the beneficiary enters the US, not at the embassy.

Did you submit both an I-129F petition and an I-130? It sounds like they acted on the I-130 and she received the CR1 spouse visa. If that's so then she has the green card and your divorce will have no impact on her immigration status.

In this case by AOS he means Affidavit of Support. If she has a green card then the whole situation changes. If you've been married two years before she arrived, she's got everything she needs. If she only has a two-year green card instead of a ten year card, she can likely remove conditions on her own after any divorce, unless you have compelling enough information she entered the marriage fraudulently, compelling enough for USCIS to make a case that sticks and deport her.

You can disregard everything else we told you based on a K3 visa. She must have arrived on a CR1 or IR1 visa. How long had you been married on the day she entered the USA?

[Anh map 2,098]

In this case by AOS he means Affidavit of Support. If she has a green card then the whole situation changes. If you've been married two years before she arrived, she's got everything she needs. If she only has a two-year green card instead of a ten year card, she can likely remove conditions on her own after any divorce, unless you have compelling enough information she entered the marriage fraudulently, compelling enough for USCIS to make a case that sticks and deport her.

You can disregard everything else we told you based on a K3 visa. She must have arrived on a CR1 or IR1 visa. How long had you been married on the day she entered the USA?

Yes, I've got AOS = Adjustment of Status imprinted on my brain.

[Brother Hesekiel 2,235]

I'm not sure I'm understanding this correctly, so let me ask:

You married a woman from the Philippines without really getting to know her first. You did not have a single sexual encounter before proposing to her. You didn't have sex with her on your wedding night. You've been married to her for 2-1/2 years now, still without even a single sexual encounter. She doesn't like you very much, she doesn't want to touch her, so you never touched her. You paid for everything, you got her the all-important Green Card, yet not a single sexual encounter to this day. Now she left you, having gotten everything she could have wanted, and you didn't have sex with her even once in all these years?

Tell you what, if somebody told me that story I wouldn't believe it, not in a million years.

Oftentimes, people get fooled. The way I see it, that's not the case here. It's almost like you begged her to take you for everything and give you nothing in return.

Well, to answer your question, she's free now, can divorce you, can become a US citizen, and can petition the next guy from the Philippines immediately afterward. This would be a fantastic post for April fools' day. Too late now, in more than one way.

For you only one thing remains: if you ever buy a new car, test drive it before paying for it. Make absolutely sure it's the right car for you. Don't trust your relative's judgment, YOU and only YOU can find that out. If the car doesn't feel perfectly good to you, don't buy it, look for another one. You can't change the past, but you can learn from your mistakes.

[Rebecca Jo 1,962]

I'm not sure I'm understanding this correctly, so let me ask:

You married a woman from the Philippines without really getting to know her first. You did not have a single sexual encounter before proposing to her. You didn't have sex with her on your wedding night. You've been married to her for 2-1/2 years now, still without even a single sexual encounter. She doesn't like you very much, she doesn't want to touch her, so you never touched her. You paid for everything, you got her the all-important Green Card, yet not a single sexual encounter to this day. Now she left you, having gotten everything she could have wanted, and you didn't have sex with her even once in all these years?

Tell you what, if somebody told me that story I wouldn't believe it, not in a million years.

Oftentimes, people get fooled. The way I see it, that's not the case here. It's almost like you begged her to take you for everything and give you nothing in return.

Well, to answer your question, she's free now, can divorce you, can become a US citizen, and can petition the next guy from the Philippines immediately afterward. This would be a fantastic post for April fools' day. Too late now, in more than one way.

For you only one thing remains: if you ever buy a new car, test drive it before paying for it. Make absolutely sure it's the right car for you. Don't trust your relative's judgment, YOU and only YOU can find that out. If the car doesn't feel perfectly good to you, don't buy it, look for another one. You can't change the past, but you can learn from your mistakes.

Weren't you the one belly-aching the other day about people 'criticizing' your relationship?

Really, the OP doesn't need a lecture.

[Kathryn41 3,205]

There are more helpful ways of offering advice to the OP than to make judgmental comments about their relationship. Please refrain from unhelpful comments - as Johnny Quest said, the OP didn't come here for a lecture.