Jump to content

31 posts in this topic

Recommended Posts

Filed: Timeline

Hi,

I searched and searched for a similar topic before posting a new one. Hopefully this is in the right place.

My wife came over from the Philippines on a fiance visa, we were married soon after. The relationship was good but we had some big problems we could not resolve. She has left the house. This was not at all a scam marriage, it was a loving relationship. We have taken a break and I'd like her to go home so we can have some time to think. She feels very hurt and I think is worried that if we are not together she will have to leave the country. She does not want to leave the country and I don't blame her, but I don't believe she can stay without her being with me (not sure about this?) We never had any shouting matches or big arguments, just silent type arguments where we were both upset and crying.

I'd like to know a couple things. First of all, can she potentially stay in the country if were are separated? I guess I wouldn't mind if she did, although I think it would be better for her and for me if she went home. I don't really want to force her to go home or to play hardball. She is a good person and she is hurt right now. Secondly, what are my obligations? I have signed the I-864. If we are divorced or separated permanently, I don't want to have to pay for her to stay here. I don't have anywhere near enough money to pay her way here.

Some additional info. We had applied for the Adjustment of Status and she was called in for some kind of initial interview (one where I was not needed). She received her work permit and has a SSN and had started working. However, she definitely does not have a green card and I believe there may have been another interview coming up where I would be asked to attend? (I'm sorry I should know more about the process but we were just kind of taking things step by step when it all went wrong)

I'd also like to repeat this was in no way a scam marriage on either side. We are in love but just not very compatible. If anyone can tell me the path forward for K1 Visa people who are separated, that would be helpful to me. I do not want to be responsible for her if she stayed here. I want to be as helpful as I can to her no matter what happens but I want to make sure I am in compliance with what I am supposed to do in the eyes of the US government.

It is very sad that it has come to this. I have found that K1 Visa marriages are very hard. In a regular relationship, you get to date and test things and try things out. In this kind of marriage, you take this enormous leap of faith that you'll get all that right and you hope and pray. In our case, the love was there but when we made that leap it did not turn out right. My respect goes out to all who have made it work.

Thanks!

Share this post


Link to post
Share on other sites
Filed: Country: Portugal
Timeline

Why don't you just divorce her and send her back home? She hasn't got her green card yet. The interview before green card is waived in some cases so there is a chance that you two wouldn't have to attend any interview and she could get her green card with no hassles. AOS from K1 is for couples that are actually in love, if you helped her to stay in the country while you two are being separated and lie to the immigration about your marriage, it would definitely be an immigration fraud.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Effects of Major Family Changes on Immigration Benefits, from K1 Process and Procedures~~


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

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

from a legal standpoint -

the I-864 is not in force until the green card is issued.

You could withdraw your affadavit of support, I-864, with USCIS and the green card would not be issued.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites

from a legal standpoint -

the I-864 is not in force until the green card is issued.

You could withdraw your affadavit of support, I-864, with USCIS and the green card would not be issued.

She can claim VAWA, can't she, even though OP says there was no such behavior? I think some people do this anyway.


ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Share this post


Link to post
Share on other sites

VAWA - Violence Against Women Act

Meaning your wife could claim domestic violence, suffering extreme cruelty inflicted by the US spouse.


Done with K1, AOS and ROC

Share this post


Link to post
Share on other sites
Filed: Timeline

Oh I see...no, I don't think we even ever had a yelling argument. We had a loving relationship. I don't think she would ever try to claim that but if she did, like there is nothing that could be presented...I have ongoing chat sessions all through our relationship to the last day which show a loving relationship.

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Mexico
Timeline

I'd like to know a couple things. First of all, can she potentially stay in the country if were are separated? Legally, she would be able to stay even if you divorce AFTER adjusting her status. To complete her Adjustment of Status (AOS) process while knowing that the marriage is not going to work, is considered fraud. The AOS should be withdrawn immediately, she would automatically fall out of status and should leave the country.

I guess I wouldn't mind if she did, although I think it would be better for her and for me if she went home. I don't really want to force her to go home or to play hardball. She is a good person and she is hurt right now. Secondly, what are my obligations? I have signed the I-864. If we are divorced or separated permanently, I don't want to have to pay for her to stay here. I don't have anywhere near enough money to pay her way here. The I-864 will be in effect as soon as she gets her green card, so there might still be time to withdraw it before her case gets accepted. If you separate or divorce, it will not affect your I-864 contract to support her financially for the next 10 yrs. I hear that this is basically only enforced when the immigrant obtains any government benefits (that would have to be repaid by you), but have heard about cases in which they have to be financially responsible for their ex-partner.

Some additional info. We had applied for the Adjustment of Status and she was called in for some kind of initial interview (one where I was not needed). She received her work permit and has a SSN and had started working. However, she definitely does not have a green card and I believe there may have been another interview coming up where I would be asked to attend? (I'm sorry I should know more about the process but we were just kind of taking things step by step when it all went wrong) Could you be more specific about the dates and fill out your timeline so we can better assess your options. There is a chance that your final interview will be waived and her green card mailed without it.

It is very sad that it has come to this. I have found that K1 Visa marriages are very hard. In a regular relationship, you get to date and test things and try things out. In this kind of marriage, you take this enormous leap of faith that you'll get all that right and you hope and pray. In our case, the love was there but when we made that leap it did not turn out right. My respect goes out to all who have made it work. With all due respect, once you file for a K1 visa it means that you are SURE you want to make a lifetime commitment to your fiance, so you make sure to have plenty of interaction before you decide to file, and not rush into a petition just to see if it is going to work out.

I hope everything works out for you both.


Spoiler
AOS
Day 0 (4/29/14) Petitions mailed (I-360, I-485, I-765) via Fedex
Day 2 (5/01/14) Petitions delivered to Chicago Lockbox
Day 9 (5/08/14) Received NOAs in the mail
Day 13 (5/12/14) Received biometrics appointment for 06/03/14
Day 35 (6/03/14) Biometrics in Houston TX
Day 48 (6/16/14) Received email & text notification of an interview on 8/12/14
Day 65 (7/03/14) EAD card production
Day 77 (7/15/14) Received EAD
Day 105 (8/12/14) Interview (Approved)
Day 111 (8/18/14) GC received in the mail
ROC
Day 0 (5/16/16) I-751 package sent via USPS Certified Priority Mail (3 lb 0.5 oz)
Day 1 (5/17/16) I-751 package received at CSC lockbox
Day 9 (5/25/16) Check appears as pending transaction-Check cashed
Day 39 (6/24/16) Call USCIS to open case inquiry
Day 73 (7/28/16) Received Biometrics Letter
Day 87 (8/11/16) Biometrics Appointment
Day 205 (12/2/16) I-751 Approved
Day 211 (12/8/16) GC received in the mail
N-400
Day 0 (5/23/17) N-400 package sent via Fedex
Day 10 (6/02/17) I-797C NOA Reject Notice - Outdated version of N-400
Day 11 (6/03/17) N-400 package sent via USPS
Day 15 (06/07/17) Credit Card charged USCIS fee
Day 20 (06/12/17) NOA received 
Day 24 (06/16/17) Biometrics Appointment Letter received
Day 36 (06/28/17) Biometrics Appointment
Day 51 (07/13/17) Online Status changed to "Interview was Scheduled"
Day 58 (07/20/17) Interview Letter arrived
Day 86 (08/17/17) Interview Date - Recommended for Approval
 
henna

 

 

Share this post


Link to post
Share on other sites
Filed: Other Country: Philippines
Timeline

sorry to hear that......man i've been there..you need to file for divorce ASAP then go withdraw your petition . i went to see a divorce lawyer and a immigration lawyer in the same day..do it ASAP coz she doesn't have her green-card yet ..

if she gets her green card she can take you to court and sue you for financial support .. you sign a I-864 so it means when see gets her green card, 10 years you are responsible for her. she can get smart and hire a lawyer and sues you for financial support and other things..

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

Sorry I don't know what a VAWA is? Is it true that the I-864 not in effect is there is no green card? I was told by a lawyer on JustAnswers that it is in force, even after a divorce and that I could pay as much as 20K per year.

time. timing, scheduling and logistics, Sir !

Peg the date, green card issuance. Occured yet? No ? Can withdraw the I-864 now, nowish.

Green card issuance? Cannot withdraw the I-864 so easily, if at all.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: Timeline

Yes, the green card was not issued yet. We did get a notice that the paperwork was received maybe a month back and she received the work permit. She has all the paperwork so I'm a bit fuzzy on this but I think there was to be some sort of joint interview coming up. So we are definitely in the in between position, after the Adjustment of Status was received (approved?) and before the green card was issued.

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Mexico
Timeline

Yes, the green card was not issued yet. We did get a notice that the paperwork was received maybe a month back and she received the work permit. She has all the paperwork so I'm a bit fuzzy on this but I think there was to be some sort of joint interview coming up. So we are definitely in the in between position, after the Adjustment of Status was received (approved?) and before the green card was issued.

Your Adjustment of Status is still pending, if you have not received a notice saying that your card is already in production. As it has already been said, you should still have time to withdraw your Affidavit of Support, thus putting a stop to the AOS. The final interview to which both of you should attend COULD be waived, and there would be no need to attend anymore.


Spoiler
AOS
Day 0 (4/29/14) Petitions mailed (I-360, I-485, I-765) via Fedex
Day 2 (5/01/14) Petitions delivered to Chicago Lockbox
Day 9 (5/08/14) Received NOAs in the mail
Day 13 (5/12/14) Received biometrics appointment for 06/03/14
Day 35 (6/03/14) Biometrics in Houston TX
Day 48 (6/16/14) Received email & text notification of an interview on 8/12/14
Day 65 (7/03/14) EAD card production
Day 77 (7/15/14) Received EAD
Day 105 (8/12/14) Interview (Approved)
Day 111 (8/18/14) GC received in the mail
ROC
Day 0 (5/16/16) I-751 package sent via USPS Certified Priority Mail (3 lb 0.5 oz)
Day 1 (5/17/16) I-751 package received at CSC lockbox
Day 9 (5/25/16) Check appears as pending transaction-Check cashed
Day 39 (6/24/16) Call USCIS to open case inquiry
Day 73 (7/28/16) Received Biometrics Letter
Day 87 (8/11/16) Biometrics Appointment
Day 205 (12/2/16) I-751 Approved
Day 211 (12/8/16) GC received in the mail
N-400
Day 0 (5/23/17) N-400 package sent via Fedex
Day 10 (6/02/17) I-797C NOA Reject Notice - Outdated version of N-400
Day 11 (6/03/17) N-400 package sent via USPS
Day 15 (06/07/17) Credit Card charged USCIS fee
Day 20 (06/12/17) NOA received 
Day 24 (06/16/17) Biometrics Appointment Letter received
Day 36 (06/28/17) Biometrics Appointment
Day 51 (07/13/17) Online Status changed to "Interview was Scheduled"
Day 58 (07/20/17) Interview Letter arrived
Day 86 (08/17/17) Interview Date - Recommended for Approval
 
henna

 

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

Yes, the green card was not issued yet. We did get a notice that the paperwork was received maybe a month back and she received the work permit. She has all the paperwork so I'm a bit fuzzy on this but I think there was to be some sort of joint interview coming up. So we are definitely in the in between position, after the Adjustment of Status was received (approved?) and before the green card was issued.

received is not approved.

if you want to withdraw the I-864, do so. now. nowish.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Iran
Timeline

You have several options.

You can proceed with the AOS and hope they issue the green card with no interview. You will be on the hook for the I-864 until she accumulates 10 years of creditable work history, dies, becomes a citizen, or gives up her LPR status. Notice the 10 years is not set in stone. It will take her at least 10 years to reach the creditable work history requirement at a minimum, if she doesn't work much you could be on the hook for life.

You can proceed with the AOS and have an interview. If you don't attend it will be denied. If you attend you will have to lie for her to get her green card. If it is discovered you lied you could be criminally prosecuted.

You can withdraw the I-864 prior, and only prior, to the green card being produced. Then you have no obligation financially to her or the US government. Once the green card is produced you are on the hook. With the withdrawl of the I-864 her AOS will be denied and her EAD will become invalid. What she does after that is up to her.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...