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Posted (edited)

My wife wants to stay in US. what are the options? What am I required to do?

This is a bad situation and just need some help. Thanks for any help.

We need a little more information regarding the situation if you would like our help....

Edited by david_loves_amie

USCIS

Service Center : Calif Service Center - Consulate : Manila, Philippines

09/11/2009 I-130 Sent FedEX

09/21/2009 I-130 NOA1 issued

01/27/2010 I-130 Approved

02/02/2010 NOA2 hard copy received in mail

NVC

02/01/2010 NVC received case

02/02/2010 Case number assigned - Email addresses given to NVC operator

02/23/2010 Received DS-3032 / I-864 Bill (Case1 Wife)

02/24/2010 Received DS-3032 / I-864 Bill (Case2 Step-daughter)

02/24/2010 Pay I-864 Bill (online)

02/24/2010 DS3032 sent via email

02/24/2010 AOS $70 bill paid. (1 payment for both cases. Wish they would do that for IV Bill)

02/25/2010 AOS bill shows as PAID. Cover sheet printed

03/02/2010 DS3032 accepted - emailed to wifes account not mine...

03/02/2010 IV bill generated and paid

03/10/2010 AOS package sent to NVC

03/11/2010 AOS recieved. signed for by J.Desmond

08/21/2010 DS230 package sent to NVC

08/23/2010 DS230 package recieved. signed for by J.Desmond

10/18/2010 Sign In failed - 1 RFE

xx/xx/2010 Case Completed at NVC

xx/xx/2010 Left NVC

US Embassy Manila

xx/xx/2010 Medical Appointment (St. Lukes)

xx/xx/2010 Interview Date

xx/xx/2010 Visa Received

xx/xx/2010 US Entry – POE

3dflags_usa0001-0003a.gif3dflags_phl0001-0003a.gif

Posted

My wife wants to stay in US. what are the options? What am I required to do?

This is a bad situation and just need some help. Thanks for any help.

If you are divorcing, your wife will have no basis for adjusting status, she would most likely need to return home.

What visa did she use to come to the US?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (pnd) Country: Argentina
Timeline
Posted

didn't say all that I needed to. My wife's real reason for coming with me here is just to get the green card.

I think that the divorce will be fast, but what should I do next so that I can get her back to her country?

Filed: Country:
Timeline
Posted (edited)

Stop the AOS process ASAP.

If the check hasn't been cashed then stop payment.

Regardless of the status of the check, send a formal request to withdraw your Affidavit of Support (I-864) to the USCIS, same address you sent the Adjustment of Status Packet to and also call USCIS to notify them that you have sent the withdrawal request.

Then make physical separation ASAP and never be alone with her again as her only other option to Adjust Status (get the Grencard) would be to file Spousal Abuse Charges against you and go for VAWA.

Edited by Bob 4 Anna
Filed: AOS (pnd) Country: Argentina
Timeline
Posted

didn't say all that I needed to. My wife's real reason for coming with me here is just to get the green card.

I think that the divorce will be fast, but what should I do next so that I can get her back to her country?

What she wants to do is stay here in my house in seperate rooms and not file for divorce and then wait for the 2 years so she can stay here.

There is no way that I want to do this.

Posted

She came on a K1

Ok - stop the AOS process now - pull the 864 (in writing/phone call).

Divorce - if you wish, inform USCIS of your divorce.

She is no longer your concern - without the AOS, she cannot stay in the US legally. You should provide her with means to go back to her country.

She cannot marry/AOS anybody else (since she came here on a K-1)

From what you posted - she is suggesting to do visa fraud - which you should not even entertain. She would get deported if found out, you could go to prison.

She can claim VAWA - so take steps to protect yourself. (she would be able to get a GC if successful)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (pnd) Country: Argentina
Timeline
Posted

Ok - stop the AOS process now - pull the 864 (in writing/phone call).

Divorce - if you wish, inform USCIS of your divorce.

She is no longer your concern - without the AOS, she cannot stay in the US legally. You should provide her with means to go back to her country.

She cannot marry/AOS anybody else (since she came here on a K-1)

From what you posted - she is suggesting to do visa fraud - which you should not even entertain. She would get deported if found out, you could go to prison.

She can claim VAWA - so take steps to protect yourself. (she would be able to get a GC if successful)

She has her green card now. I guess that she thought that was all that she needede but then found out that she had to stay married for 2 years so now she is trying to do what she can to stay.

I expect that the next thing is ask if we can work things out. I think that now that I know what is goinjg on there is no hope for that.

What is VAWA? Who do I call? I tried the # that I had but can't talk to anyone. Do you have a # that I can call?

Thanks, I am going crasy!!

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

If divorce is what you want to do, go ahead. Let your then ex deal with the removal petition. She can remove conditions on her own. Just has to show that the marriage was entered into legitimately.

Your responsibility on the I-864 doesn't end with the divorce.

If you believe that her intent has always been fraudulent then you can contact USCIS and/or ICE and inform them. That may or may not lead to any sort of action/investigation.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Citizen (apr) Country: Mexico
Timeline
Posted (edited)

She has her green card now. I guess that she thought that was all that she needede but then found out that she had to stay married for 2 years so now she is trying to do what she can to stay.

I expect that the next thing is ask if we can work things out. I think that now that I know what is goinjg on there is no hope for that.

What is VAWA? Who do I call? I tried the # that I had but can't talk to anyone. Do you have a # that I can call?

Thanks, I am going crasy!!

If you report what you have told so far, about her intentions regarding your marriage, and her plans to live in separate rooms to USCIS and/or ICE, I am almost positive something will happen, maybe even revoke her benefits right away... It is clear she duped you, so I suggest you listen to the advice given by fellow posters. DO NOT disclose anything to her about your plans to avoid a counter move... Things can get hairy real quick when dealing with these delicate matters.

Of course, this is up to you, the choice to go on or not lies with you. Good luck.

Edited by HappyKnappy

A 3 year-4 month-1week journey ends on 09/20/2013, and a new one begins!

Filed: AOS (pnd) Country: Argentina
Timeline
Posted

If you report what you have told so far, about her intentions regarding your marriage, and her plans to live in separate rooms to USCIS and/or ICE, I am almost positive something will happen, maybe even revoke her benefits right away... It is clear she duped you, so I suggest you listen to the advice given by fellow posters. DO NOT disclose anything to her about your plans to avoid a counter move... Things can get hairy real quick when dealing with these delicate matters.

Of course, this is up to you, the choice to go on or not lies with you. Good luck.

thanks so much. I will take the action that needs to be . I think that I have to move out just to protect myself.

Filed: Country: China
Timeline
Posted

thanks so much. I will take the action that needs to be . I think that I have to move out just to protect myself.

If you are renting an apartment or a house and you do move out, be sure to contact the landlord and let them know. If you own the residence, then change all of the locks

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

Posted

What she wants to do is stay here in my house in seperate rooms and not file for divorce and then wait for the 2 years so she can stay here.

There is no way that I want to do this.

lol dude dont let it go that way stay in your house :))

 
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