He wants a divorce without AOS

[Darnell 8,478]

I'm a hoping she took my advice.

[Haarp425 26]

I just got married and we have not applied for AOS yet. So my husbands I-94 just expired...he went to stay with his cousin in Florida while I looked for a new house and while he was waiting to work we figured he could get some visiting done. Since he's been there he's changed...he goes out and partys he's mean to me on the phone and he's been nonstop txting a girl he met at a club (I know cuz he told me but he said he'd stop and hasn't) last night he said he wanted to be a free man meaning he wanted a divorce and he would stay in Florida...so here's my question people...because he's still in the country on an expired visa if we get divorced without filing AOS he needs to leave, right? Can I call immigration and give them the address and have him removed? Or I am going down to talk about it with him next week and I know he is now drinking and driving without a license often... CAn I take the license number and call him in that way? I'll be damned if he cets to use me to get here and then cheats on me and leaves....PLEASE ANY ADVICE WELCOME!

Were you married within 90 days after he arrived in the USA?

If the picture on your account is you and your husband and you have not removed it yet, you may have feelings for him still and you are still hoping he will change.

[faithinGod 8]

I'm a hoping she took my advice.

Me too !

[staceluvyou 6]

i am so sorry to hear about your situation, it really breaks my heart when i read about cases like these. but i agree with everyone else, his visa has now expired so thst means he can't file aos on his own, HE WENT ON A K1, SO HE CAN'T MARRY ANYONE ELSE AND SUCCESFULLY file a aos which means he is stuck there illegally. plz beware though that if he decides to come back to you it may not b genuine, maybe he'll just realize he needs you to file for the aos. don't worry time will catch up on him,

[Always Blessed 1]

Tammy,

The others on here provided you with some really good advise on what steps you should follow. I am sorry to hear that this has happened. Whatever you choose to do is ultimately your choice and that will be determined. Do not let anyone tell you what you should do (basically what they would do) because if it was them I am sure they would do the complete opposite.

Take some time and figure things out and make sure you take care of you!

I am in South Florida I am not sure exactly where his family is but if you need something let me know.

[Haarp425 26]

It might be too late. If you were married within 90 days of him coming in with K1 visa, he may be able to AOS. The requirement for K-1 visa holder is that they must get married within 90 days upon arriving in the USA. He might be denied to begin with when he AOS but he may use the 245(a) and 245(d) and he needs a lawyer based on paragraph 4.

Decided March 17, 2011

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

(1) Under section 245(d) of the Immigration and Nationality Act, 8 U.S.C. § 1255(d) (2006),

a fiancé(e) visa holder can only adjust status based on the marriage to the fiancé(e)

petitioner. Matter of Zampetis, 14 I&N Dec. 125 (Reg. Comm’r 1972), superseded.

(2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more

than 2 years old at the time the adjustment application is adjudicated is not subject to the

provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a

(2006).

(3) A fiancé(e) visa holder satisfies the visa eligibility and visa availability requirements of

section 245(a) of the Act on the date he or she is admitted to the United States as a K-1

nonimmigrant, provided that the fiancé(e) enters into a bona fide marriage with the

fiancé(e) petitioner within 90 days.

(4) A fiancé(e) visa holder may be granted adjustment of status under sections 245(a) and

(d) of the Act, even if the marriage to the fiancé(e) visa petitioner does not exist at the time

that the adjustment application is adjudicated, if the applicant can demonstrate that he or

she entered into a bona fide marriage within the 90-day period to the fiancé(e) visa

petitioner.

Source: http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

Edited March 25, 2011 by Haarp425

[RICARDO4EVA2 194]

It might be too late. If you were married within 90 days of him coming in with K1 visa, he may be able to AOS. The requirement for K-1 visa holder is that they must get married within 90 days upon arriving in the USA. He might be denied to begin with when he AOS but he may use the 245(a) and 245(d) and he needs a lawyer based on paragraph 4.

Decided March 17, 2011

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

(1) Under section 245(d) of the Immigration and Nationality Act, 8 U.S.C. § 1255(d) (2006),

a fiancé(e) visa holder can only adjust status based on the marriage to the fiancé(e)

petitioner. Matter of Zampetis, 14 I&N Dec. 125 (Reg. Comm’r 1972), superseded.

(2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more

than 2 years old at the time the adjustment application is adjudicated is not subject to the

provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a

(2006).

(3) A fiancé(e) visa holder satisfies the visa eligibility and visa availability requirements of

section 245(a) of the Act on the date he or she is admitted to the United States as a K-1

nonimmigrant, provided that the fiancé(e) enters into a bona fide marriage with the

fiancé(e) petitioner within 90 days.

(4) A fiancé(e) visa holder may be granted adjustment of status under sections 245(a) and

(d) of the Act, even if the marriage to the fiancé(e) visa petitioner does not exist at the time

that the adjustment application is adjudicated, if the applicant can demonstrate that he or

she entered into a bona fide marriage within the 90-day period to the fiancé(e) visa

petitioner.

Source: http://www.justice.g.../vol25/3707.pdf

[pursegal21 0]

I am soooo sorry that you are going through this. All I can say is that remember that once you sign that waiver in the K-1 packet you are legally responsible for him for like 10 years I think it is and divorce does NOT annul that. I would charge him with spousal abandonment immediately. You may need to get an attorney.

Again I am so sorry!

[RICARDO4EVA2 194]

I am soooo sorry that you are going through this. All I can say is that remember that once you sign that waiver in the K-1 packet you are legally responsible for him for like 10 years I think it is and divorce does NOT annul that. I would charge him with spousal abandonment immediately. You may need to get an attorney.

Again I am so sorry!

You THINK..? You'r not at all confident but yet you're giving information..? least sound sorry. NO ONE is responsible for ANYONE for no 10 years.. I know.. if the applicant/ beneficiary does not Adjust status then there's no responsibility to the petitioner if a green card was not obtained. Even so .. it would go away when the alien works 40 credit hours/become a US Citizen..

I'm sorry .. maybe it's just not my day..!

Edited April 28, 2011 by RICARDO4EVA2

[JimVaPhuong 4,863]

It might be too late. If you were married within 90 days of him coming in with K1 visa, he may be able to AOS. The requirement for K-1 visa holder is that they must get married within 90 days upon arriving in the USA. He might be denied to begin with when he AOS but he may use the 245(a) and 245(d) and he needs a lawyer based on paragraph 4.

Decided March 17, 2011

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

(1) Under section 245(d) of the Immigration and Nationality Act, 8 U.S.C. § 1255(d) (2006),

a fiancé(e) visa holder can only adjust status based on the marriage to the fiancé(e)

petitioner. Matter of Zampetis, 14 I&N Dec. 125 (Reg. Comm’r 1972), superseded.

(2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more

than 2 years old at the time the adjustment application is adjudicated is not subject to the

provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a

(2006).

(3) A fiancé(e) visa holder satisfies the visa eligibility and visa availability requirements of

section 245(a) of the Act on the date he or she is admitted to the United States as a K-1

nonimmigrant, provided that the fiancé(e) enters into a bona fide marriage with the

fiancé(e) petitioner within 90 days.

(4) A fiancé(e) visa holder may be granted adjustment of status under sections 245(a) and

(d) of the Act, even if the marriage to the fiancé(e) visa petitioner does not exist at the time

that the adjustment application is adjudicated, if the applicant can demonstrate that he or

she entered into a bona fide marriage within the 90-day period to the fiancé(e) visa

petitioner.

Source: http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

You're drawing conclusions based on the bullet list summary at the beginning of the decision. Read page 441:

We determine that a fiancé(e) visa holder is eligible to adjust under section 245(a) of the Act if, at the time of adjustment, the applicant can demonstrate that he or she entered into a valid marriage to the fiancé(e) petitioner within the 90-day period,

provided that the requirements of section 216 do not apply

. The statute does not require that the marriage exist at the time that the application is adjudicated outside the section 216 time frame.

Section 216 is the conditional resident status requirement. The EOIR decision states that a K1 who marries within 90 days can adjust status if they aren't subject to conditional resident status, even if the marriage was terminated by divorce. That was specifically the situation of Alfred Kebbie Sesay. He married within 90 days, waited a long time to file the AOS, and was subsequently and improperly denied because the marriage was more than two years old when USCIS adjudicated it. Sesay subsequently got divorced and remarried, and then tried to adjust based on the new marriage. That was denied (rightfully) because he entered as a K1. He then tried to refile based on the first marriage. That was also denied.

The EOIR decision is stating that the original denial of his first AOS petition was wrong - USCIS shouldn't have applied INA 216 because of the length of the marriage. The EOIR decision is also stating that the second petition filed on the first marriage was approvable, in spite of the subsequent divorce, because he satisfied the requirements of eligibility based on the K1 - marriage within 90 days - and he couldn't be denied because of INA 216 because his marriage lasted longer than two years. Someone who married and divorced in less than two years could not adjust status under the same circumstances because INA 216 would apply - they could only adjust to conditional resident. INA 216 specifically states that conditional resident status terminates when the qualifying marriage has been terminated. It would be ludicrous to grant status when the conditions to terminate it already exist. INA 216 repeatedly uses the term "alien spouse", and defines this in 216(g) as the spouse of a United States citizen. An alien who married and subsequently divorced could not meet the definition of an "alien spouse" provided in INA 216.

The EOIR's reasoning was that the original fiancee visa terms (from the 1970 act) were that permanent residence was automatically granted after marriage. The IMFA amendments of 1986 added several requirements in order to reduce immigration fraud through marriage, one of which was conditional resident status for the first two years of the marriage. They concluded that a marriage that survived two years had met the requirements of the IMFA amendments, and so the original intent that unconditional permanent residence should be granted should be recognized.

[Darnell 8,478]

I am soooo sorry that you are going through this. All I can say is that remember that once you sign that waiver in the K-1 packet you are legally responsible for him for like 10 years I think it is and divorce does NOT annul that. I would charge him with spousal abandonment immediately. You may need to get an attorney.

Again I am so sorry!

you're talking about the I-134, affadavit of support (it's not a waiver, of anything, by any definition)

and

there is no 'duration' on the I-134, technically, but

the duration is 'seen' to be the I-94 dates, only.

and

The I-134 is not a legal, binding document.

The I-864, otoh, IS.

I'm not sure where your confusion emanates from, but mostly, you're not giving the right advice.

[^KK^ 3]

Any updates?

[Harsh_77 716]

The car he always drives, it's his cousins but he likes to drive when they go out and he's drunk when he does

That you can only complain to local police while he is on the road. They can stop him and put him behind bars, how long he stays behind bars would be on the officer who puts him there.

Based on what charges are applied if he just puts him for drunk driving or driving without lic he might get out, but he reports him to ICE as illegal then once he is done serving his sentence on driving without lic and drunk ICE will come and pick him up and put him in federal prison until he sees a judge and judge can give a deportation order.

Which can take some time....

[VanessaTony 3,567]

OP hasn't been online since the 22nd March 2011

[Melz 0]

Wow, i just read this. I'm really sorry that you have to go through that/this. File a divorce and talk to an immigration officer and lawyer. See what can be done. You cannot let that man continue to use you.