separated since marriage after two years now wants a card

[RickJovi 81]

you will file AOS like everybody else (documents uou mentioned above!) but her greencard won't have any conditions on it. so no need for ROC in 2 years!

http://www.visajourney.com/forums/topic/256437-2-years-married-10-years-green-card/

I looked at both of your links. One deals with an I-130 marriage based petition. This does not apply to him as I believe he married his wife on a K1 VISA. You can really tell because he has np timeline established, but the verbage he is using leads you to believe it. He says he hasn't filed her AOS of status, so she doesn't have a green card and can't get it without him filing AOS. If he files AOS and has been married to her for more then 2 yearsm then I can see her getting the 10 year GC vs. a 2 year conditional GC because they have been married more than 2 years. What I think you ans the other poster don't understand is that he never filed an AOS, so how would sh get a GC without him doing so? I don't think it can happen like that. She is trying to make up with him and hope he is so weak minded that he will believe that she really loves him, when all she really loves is getting that GC and then will bail on him when she has gotten what she wants. If she didn't need him to file for AOS to get her GC she would even be contacting him, so I stand bu what I say. No AOS, no GC.

[VanessaTony 3,567]

I looked at both of your links. One deals with an I-130 marriage based petition. This does not apply to him as I believe he married his wife on a K1 VISA. You can really tell because he has np timeline established, but the verbage he is using leads you to believe it. He says he hasn't filed her AOS of status, so she doesn't have a green card and can't get it without him filing AOS. If he files AOS and has been married to her for more then 2 yearsm then I can see her getting the 10 year GC vs. a 2 year conditional GC because they have been married more than 2 years. What I think you ans the other poster don't understand is that he never filed an AOS, so how would sh get a GC without him doing so? I don't think it can happen like that. She is trying to make up with him and hope he is so weak minded that he will believe that she really loves him, when all she really loves is getting that GC and then will bail on him when she has gotten what she wants. If she didn't need him to file for AOS to get her GC she would even be contacting him, so I stand bu what I say. No AOS, no GC.

I'm a little confused about what point you're trying to make so I'll make a couple of comments.

1. There is no reference to K1. He mentions her going to school. If he files and I-130 and I-485 she will get a 10 year card due to the length of marriage (even if on a K1). However if she DID enter on a K1 and he JUST files the I-485 she will get the 2 year card as AOSing based on a K1 = 2 year card first.

2. She could try and file for VAWA. She doesn't need anything from him for that but of course she'd been to prove a bonafide marriage as well as abuse.

3. The person who said you were wrong was replying to your comment that AOS = 2 year card (and that 2 years of marriage was irrelevant) and THEN 10 year card after 1 year and 9 months. That's not how it works. AOS = adjustment of status. You can file with or without an i-130, depending on what visa you entered on, and both methods are called AOS. It depends... as I said in #1.

Edited May 17, 2012 by Vanessa&Tony

[Dark Knight 0]

I'm a little confused about what point you're trying to make so I'll make a couple of comments.

1. There is no reference to K1. He mentions her going to school. If he files and I-130 and I-485 she will get a 10 year card due to the length of marriage (even if on a K1). However if she DID enter on a K1 and he JUST files the I-485 she will get the 2 year card as AOSing based on a K1 = 2 year card first.

2. She could try and file for VAWA. She doesn't need anything from him for that but of course she'd been to prove a bonafide marriage as well as abuse.

3. The person who said you were wrong was replying to your comment that AOS = 2 year card (and that 2 years of marriage was irrelevant) and THEN 10 year card after 1 year and 9 months. That's not how it works. AOS = adjustment of status. You can file with or without an i-130, depending on what visa you entered on, and both methods are called AOS. It depends... as I said in #1.

I got married in college 2010 we never had sex after the marriage and i havent seen her in 2yrs but we kept in contact. I have not sign any papers to make her legit because she seems to be too clever, sly, conniving, manipulative, ungrateful, self fish, her secrets are to much and she has no morals or conscious. My question was since she was an F1 and I haven't applied for her when does her 2yrs starts for conditions of marriage. For example, If we been married for two years without adjustment and yes she is considered as over stayer by now, does the two year conditions start or when I do apply. I am wondering if she can be deported, I loved her and it grew through our friendship so I am wondering if i should report her if necessary. Also if you haven't seen your spouse in this ordeal I'm in ,what precautions one should take and do in order not to to fear their immigrant spouse.

[VanessaTony 3,567]

I got married in college 2010 we never had sex after the marriage and i havent seen her in 2yrs but we kept in contact. I have not sign any papers to make her legit because she seems to be too clever, sly, conniving, manipulative, ungrateful, self fish, her secrets are to much and she has no morals or conscious. My question was since she was an F1 and I haven't applied for her when does her 2yrs starts for conditions of marriage. For example, If we been married for two years without adjustment and yes she is considered as over stayer by now, does the two year conditions start or when I do apply. I am wondering if she can be deported, I loved her and it grew through our friendship so I am wondering if i should report her if necessary. Also if you haven't seen your spouse in this ordeal I'm in ,what precautions one should take and do in order not to to fear their immigrant spouse.

okay so you would be AOSing from an F1 which means filing an I-130. This means that because you've been married more than 2 years she automatically gets a 10 year card if she's approved. There is no 2 year conditional card for her. She's good to go.

She is deportable because she's out of status. As the spouse of a USC though the Immigration judge will normally just tell her to AOS immediately thanks to you or they'll deport her.

Unfortunately she's not an "immigrant spouse". She's an out-of-status spouse who, as she gets more desperate, may resort to desperate measures. If you don't trust her, and I wouldn't based on your posts you should NEVER be alone with her. You should file for divorce immediately based on abandonment/fraud (whatever your state allows). You should report to ICE that you believe that you married for love but that you haven't seen her in X years so you're about to file for divorce and now she is trying to get you to file for her GC and you believe it's for fraudulent reasons. This will hopefully protect you if she tries to claim abuse.

Do not file for her. Do not be alone with her. File for divorce. Report her to ICE for trying to use you for a GC (now that she probably knows about the 10 year card). Move on.

[LIFE'SJOURNEY 970]

Have you gone down to the local court house and asked for the self apply divorce package as I instructed you to do? How old are you? Why would you even be concern about someone you have'nt seen in 2 years. Where are your parents? Do not sign any immigration papers.

Edited May 17, 2012 by LIFE'SJOURNEY

[Dark Knight 0]

Lol I would I'm just getting all this information in one day. I want to divorce her but don't know where she lives. Also, if I can divorce her without her knowledge would be great.

[LIFE'SJOURNEY 970]

Lol I would I'm just getting all this information in one day. I want to divorce her but don't know where she lives. Also, if I can divorce her without her knowledge would be great.

If you don't know where she is, then why all of the questions about immigration?

You can divorce someone in abstee, it's done all the time. Just follow the process for your state.

In two years you never thought about a divorce from someone you haven't seen? Again I ask how old are you?

[piglett 16]

i tell ya what , i can think of all kinds of ways this poor guy might end up getting screwed over with this whole deal.

OP me myself i would pack all my sh*t and move. change you phone # and email too.

no one would be finding me for a while (maybe i would be over reacting)

i would file for divorce ASAP and just lay low till all of this mess is over.

good luck

piglett

[Dark Knight 0]

i tell ya what , i can think of all kinds of ways this poor guy might end up getting screwed over with this whole deal.

OP me myself i would pack all my sh*t and move. change you phone # and email too.

no one would be finding me for a while (maybe i would be over reacting)

i would file for divorce ASAP and just lay low till all of this mess is over.

good luck

piglett

The worst thing about it is that i know that i will too but i wont let it get to that. I cant believe for someone who wants their green card would go all the way to torture a persons life. In the end its not going to happen.