K1, accusations, separation, enlightenment, reconciliation, with an added twist. Opinions please.

[Notsobright 0]

Short story: K-1 approved, fiancée arrives, couple married.

Husband (USC) suspect’s infidelity, resulting argument results in fiancée moving to live with friend in Oregon.

Husband withdraws Affidavit of Support and notifies USCIS that spouse has moved from Maine to Oregon. Husband starts divorce proceedings.

Husband then finds conclusively that there was no infidelity. Uh oh, bad husband. Thus the name: notsobright.

Apology very graciously accepted by wronged spouse. Divorce petition withdrawn so the couple are still married. Couple reconciles and agrees to get back together.

Immigrant spouse receives (is it EAD?) authorization to work while on the West Coast and starts to volunteer at an elderly care facility, enjoys the work and takes a nursing assistant course and becomes certified.

Co-incidentally one day after couple reconciles the facility offers her a paid, full-time job.

No AOS appointment has been defined but since about three months have passed (one together, two apart) so an appointment is inevitable.

Immigrant spouse would now like to stay in Oregon and work for a month, partially out of not wanting to quit after just starting, partly to obtain a good reference and partly because of income. USC currently has no job and USC does not object because it’s a unique opportunity for the immigrant spouse.

I have asked the question here previously about the withdrawn Affidavit of Support and was told: “Bring a new one to the Interview and if that fails, refile AOS and pay again.”

Question: If immigrant spouse stays in Oregon for another month, now it will be one month together, three + months apart—will this cause us to risk denial? Or is it important for both of us to be together promptly to prove that a real marriage exists? What to do in this situation? Opinions please?

Also, USCIS now has the Oregon address for the immigrant spouse. USC thinks that the address should be changed back to the Maine address just a wee bit early, hopefully delaying the interview until after the couple is back together so both can go to the interview together. Will such an address change really delay an interview appointment and if one is given can it be delayed/rescheduled several weeks later? Or should we be totally honest and keep the immigrant spouse's address active in Oregon until she returns to Maine?

Thank you all, this is a remarkable repository of knowledge and thank you for graciously sharing what you know.

Edited March 28, 2014 by Notsobright

[Harpa Timsah 13,258]

I suggested before that you might try to add back the I-864, or inquire.

Since you pulled it, the AOS will be denied, and that will revoke the EAD. She is working illegally.

You might not have an interview. It will be denied once they see that the I-864 is pulled.

You have a lot of issues here and I don't think the address is one of them. Trying to game the system with false addresses is not right.

[christeen 966]

You will probably need to go and actually "be together" to file together... Agree with Harpa that if the 864 need to be reinstated. Otherwise you will have to refill. I don't think wife will be able to take that jo. Besides looks kinda suspicious that USC hubby who is unemployed and pulls 864, suddenly decides to take wife back conveniently after she gets a job but hubby and her are not living together... Looks too much like a "paid" arrangement to allow the petitioner to work and perhaps pay the USC for the paperwork... You need to rethink your plans.

[Notsobright 0]

Thank you both. Asking about possibilities is not "gaming the system," though you are welcome to think otherwise.

Just a bit of information christeen, as I see your point, the money from the job is more in the eyes of the immigrant spouse, my Affidavit of Support would have passed quite easily on no job at all. When employed, which in due time, I shall be, my income is about 4x that of what my spouse could make full time. Still, it's a valid point as I'm trying to see it from the USCIS's point of view.

Harpa Timsah, I appreciate your comments, but "She is working illegally" is clearly not correct. If she works "after" the EAD you would be correct. Why are you so eager to jump on me? How about something constructive, instead of (edited) destructive please?

"Trying to game the system with false addresses is not right." is destructive.

"Best to be strictly honest" is instructive.

I don't normally lecture, but when lectured...

(Personal attack violating TOS has been removed - VJ Moderation)

This is what you said previously, and I appreciated it: "You can refile AOS if you want to reconcile and live together as a married couple. You'll have to pay again. You could try to reinstate it but I highly doubt it will work."

Today you said: "I suggested before that you might try to add back the I-864, or inquire."

I'm sorry but the two, in my humble opinion do not reconcile.

Other (edited) suggestions of a course or possible courses of actions are still solicited by other members of VisaJourney.

Edited March 29, 2014 by Kathryn41
to remove personal attacks

[Harpa Timsah 13,258]

I was not lecturing you, and my comment about gaming the system is not an accusation towards you, just telling you that there are so many issues right now, separation, reconciliation, pulled support, living in a different state, illegal work, etc. that trying to guess when it would be beneficial to change the address with USCIS is really the least of your worries.

She is working illegally, or will be soon, because the EAD is revoked when the AOS is denied. It will be denied because you pulled the support. That is what I was trying to tell you.

I won't try to help you anymore, don't worry.

Edited March 28, 2014 by Harpa Timsah

[Kathryn41 3,205]

One post has been edited and one post removed due to TOS violations. You may not appreciate the information you receive but it does not give you the right to make personal attacks against the person offering the advice.

Please note that the advice offered by Harpa Timsah is accurate, and it would be to your benefit to take it to heart. If you jump on everyone who says something you don't want to hear, you will find no one will want to respond to your questions.

Moderator's hat off. . . .

Once your withdrawal of the Affidavit of Support is processed, your wife's EAD is cancelled. She no longer meets the requirements to adjust status and be eligible for the EAD based upon the AOS as your withdrawal results in an automatic denial of the benefit. Having a valid Affidavit of Support is one of the mandatory requirements - and that no longer exists.

You can try to re-submit a new Affidavit of Support, but to get it to 'match' up with your other documentation in a timely way is highly unlikely. Your wife should prepare for unemployment and you should both prepare a new AOS package. Due to the circumstances, it is highly likely that your second AOS petition will result in an interview. The first one will not as it will automatically be denied unless you can find some way to ensure the re-submitted Affidavit of Support reaches the right adjudicator's desk before the request to remove the original Affidavit of Support is processed.

In the meantime, you should certainly try to live at the same address. If your wife wishes to remain out west, perhaps you can move to join her since you state you have no employment commitments of our own?

Edited March 29, 2014 by Kathryn41

[novedsac 355]

Harpa's advice is spot on.

However, OP refers to himself as 'notsobright' - not really sure what else can be said.