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rjgacek

Things not working out

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Filed: K-1 Visa Country: Japan
Timeline

I do not know if I am in the right area for these questions and help. But, hoping someone out there can give me some common sense advice, please.

My wife came here on a Fiancee Visa, went through all the process and got her two year conditional greencard. Now , we have been married and she has been here for 9 months.

While waiting to go through the unconditional greencard process, unfortunately, we find ourselves incompatible, and she has moved out on me. We are no longer residing together.

Can you help or get me to the right forum for some answers if possible. How do I report this to the USCIS? Email, phone call, via postal mail. Also, is there a form they will have me fill out?

Once I notifiy USCIS of our unfortunate departure, what will happen? Will they allow her to stay for the remainder of her two years? Will she still be able to apply for her unconditional Green card and apply for citizenship??

As for now, there will be no divorce in our situation, because financially I can not afford it, the long I-129 and K-1 processing cost me much money and attorney fees also. So, for now it will be a permanent separation. I do not know where she went when she moved out, but I believe with some Co-workers who are of the same race. So our separation will be permanent

I just need some advice on what my options are, and will she be able to stay here in the U.S. and continue on her own through the remainder of the process which is the Unconditional Green card.

Any advice or suggestions or answers would be greatly appreciated.

Thank you kindly

RJGACEK

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Effects of Major Family Changes on Immigration Benefits, from Removing Conditions on Residency General Discussion~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Timeline

You do not have to worry about her. She can file for ROC on her own, she can do that without you being around. So in case she needs to do that, she'll just have to refile as not joint, but as separate. But it is not something you should worry about. She will have to deal with that on her own. There is no obligation from you anymore so even though you guys aren't divorced, you just move on with your life and do not worry of her. She'll deal with the whole ROC and whether she'll have to refile as "filing separate", or she will try to complete the process as "filing joint". Up to her, and USCIS. You are out of the picture at this point, and do not need to do anything.

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Filed: K-1 Visa Country: Japan
Timeline

You do not have to worry about her. She can file for ROC on her own, she can do that without you being around. So in case she needs to do that, she'll just have to refile as not joint, but as separate. But it is not something you should worry about. She will have to deal with that on her own. There is no obligation from you anymore so even though you guys aren't divorced, you just move on with your life and do not worry of her. She'll deal with the whole ROC and whether she'll have to refile as "filing separate", or she will try to complete the process as "filing joint". Up to her, and USCIS. You are out of the picture at this point, and do not need to do anything.

Thank you, she is the one who had decided we were not compatible, I love her, but can not hang onto someone who can not return the love. anyways, thank you for the advice, but, what about the USCIS or Homeland Security, I do not need to advise them of our change in situation??

rjgacek

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Filed: Timeline

As far as immigration goes, there is nothing else you need to do or worry about. Personally, I don't believe USCIS or Homeland Security really cares what you think of your change in situation.

Contrary to the previous poster, you do have the continued obligation of the I864 you signed when you filed AOS. Divorce does not absolve this obligation.

Aside from immigration, depending on the laws of your state, you could be held liable for expenses and/or debts incurred by your spouse. This is especially true in community property states. Additionally, without a divorce or any kind of legal separation agreement, she has every right to enter the marital home and make use of marital property (which, in most cases, is all the property you acquired or commingled during your marriage). And legal separation agreements do not provide complete indemnity.

If she's willing to cooperate, a do-it-yourself or quickie divorce now will be far less costly and stressful than something down the road which may likely become more complicated. If she's not willing to cooperate, then i'd be very careful and take steps to protect your interests.

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Filed: Lift. Cond. (apr) Country: Spain
Timeline

Sorry this happened to you.

She wil have to deal with uscis alone when removal of conditions.

You could write a letter to uscis explaining your side of the situation and what is going on ,so for her Roc they have an idea of what to ask in the interview. ( if that makes you feel better ) or just do nothing. Focus on yourself and be happy.


y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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Filed: K-1 Visa Country: Japan
Timeline

Sorry this happened to you.

She wil have to deal with uscis alone when removal of conditions.

You could write a letter to uscis explaining your side of the situation and what is going on ,so for her Roc they have an idea of what to ask in the interview. ( if that makes you feel better ) or just do nothing. Focus on yourself and be happy.

Thank you for the kind words.

As far as immigration goes, there is nothing else you need to do or worry about. Personally, I don't believe USCIS or Homeland Security really cares what you think of your change in situation.

Contrary to the previous poster, you do have the continued obligation of the I864 you signed when you filed AOS. Divorce does not absolve this obligation.

Aside from immigration, depending on the laws of your state, you could be held liable for expenses and/or debts incurred by your spouse. This is especially true in community property states. Additionally, without a divorce or any kind of legal separation agreement, she has every right to enter the marital home and make use of marital property (which, in most cases, is all the property you acquired or commingled during your marriage). And legal separation agreements do not provide complete indemnity.

If she's willing to cooperate, a do-it-yourself or quickie divorce now will be far less costly and stressful than something down the road which may likely become more complicated. If she's not willing to cooperate, then i'd be very careful and take steps to protect your interests.

I am retired on Social Security Retirement, my income is very low and fixed. I am not concerned about assets, because I have none. I retired and left the work force owing debt. She can create all the debt she wants, but I will not be responsible, because creditors can not garnish Social Social Retirement benefits. but, thank you for the advice sir.

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Filed: K-1 Visa Country: Ukraine
Timeline

Get a divorce asap if you're concluded the marriage is over. It's worth the cost to be free. You may not have assets now which she could runs debts up against, but you might still be in an expensive pickle making your case.

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She will stay in the US for as long as she wishes, after the divorce she can remove conditions on her own, and become a citizen in 5 years' time.

If you want the divorce and have a low income, there is a filling waiver that allows you to pay no fees.


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Filed: K-3 Visa Country: Bahrain
Timeline

I think you should seek a pro-bono lawyer out and ask them about assisting you. There are plenty around if you look. More often than not they will work with your type of case if the wife is looking to just move on. You could ask her to do the filing fee's and do an irreconcilable differences dissolution if available in your state. It might cost her around $250 (roughly) if you are both amicable to the agreement of dissolution.

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Filed: K-1 Visa Country: Congo DR
Timeline

Sent a letter to the immigration and give them proves that she has left home and if she is in a relationship with someone else ,provide that too then she will have to deal with it when she is about to go through her ROC


I-129F sent:06/06/2014

Package Accepted:06/09/2014

NOA1(EMail & Text):06/12/2014

Hardcopy Received(Mail):06/14/2014

Service Request Submitted:10/30/2014

Alien Registration number changed:11/04/2014

NOA2(Email&Text):12/29/2014

NOA2(Hardcopy Received):12/26/2014

NVC Arrived:1/06/2015

NVC Left:1/21/2015

Sent to the Embassy:1/22/2015

Embassy Received:1/26/2015

Medical Date:01/30/2015

Interview Date :02/18/2015

Visa in Hand:3/11/2015

Marriage Date :04/06/215

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