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njgirl09

I need a divorce from my abusive husband

By njgirl09 in Effects of Major Family Changes on Immigration Benefits

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njgirl09 Newbie

njgirl09   0

Posted
Filed: K-3 Visa Timeline
Posted

We were married in June of 2013.

He arrived in the US on a K-3 visa in April 2014.

As soon as he arrived, I realized how much he had changed. So I put off filing AOS for greencard.

Ive bent over backwards trying to get him to love me like he did or so I thought he did.

Ive over heard him talking to his parents about leaving me as soon as he gets the green card.

In the past three months, he starting hitting me, pushing me around, slapping me, strangling etc.

After my parents intervened today, Ive realized that I need to get a divorce ASAP and I want him to be deported as well.

I dont know where to start. Someone told me I could call immigration and they would just take him themselves?

I need this nightmare to be over and done with. Ive lost my identity. I was one of those girls who promised to never let a man put his hands on me, and look where I am.

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Cathi
Cathi

For all of you who have not bothered to read and understand what the OP has said. She IS in a safe place, she is with her parents. There is no need to continually suggest she needs to leave, she has m

Boiler
Boiler

What's wrong with her parents?

Boiler
Boiler

ICE would not be interested and anyway he is here legally so doubly not interested. As far as Divorce well the sooner you start the sooner you finish. You can look at a restraining order, Lawyer woul

1stLoveRedo Rising Star

1stLoveRedo   111

Posted
Filed: IR-1/CR-1 Visa Country: Serbia
 Timeline
Posted

First and foremost

get yourself to a safe location! ASAP ***NOW!

If he is doing that now, imagine what would he do once he realizes that you want to divorce him, especially if his goal all along was a green card?

Step one : Get yourself to the safe place

Step two: report him to the police

Step three: get a lawyer

Step one is due NOW

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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

Have you appointed a Divorce Lawyer?

That would be the obvious first step.

For others that might not known as a K3 is so rare his I 94 is good for 2 years so he is in status.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Pennycat Proficient

Pennycat   880

Posted
Filed: AOS (apr) Timeline
Posted (edited)

Get yourself into a safe place as soon as possible and worry about his immigration status later. That is the honest truth of the situation here. Please focus on yourself and your safety before you give an inch of thought to next steps.

That said, if it will help put your mind at ease, it appears to me (just reading USCIS website, I am not a lawyer or an expert) that if you haven't adjusted his status, then his legal stay will end 30 days after your divorce. Whether or not ICE comes and gets him is a whole different story, and one that you have very little, if any, role in. If he is arrested for anything, he will "ping" in their system. If he is arrested and also out of status (the K3 expired after divorce, for example), they may deport him. That part doesn't matter nearly as much as getting away from him right now, getting a protective order and a divorce.

Edited by CatherineA

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Op mentioned her Parents have intervened.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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UnaMexicana Community Regular

UnaMexicana   153

Posted
Filed: Citizen (pnd) Country: Mexico
 Timeline
Posted

Divorce and move on. No matter how much you want him to be deported, there are pretty slim chances of that happening.

You will be far better off spending that time and energy in rebuilding your life.

Warm hugs,

UnaMexicana

:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: 2021-04-08
Biometrics Appointment: 2021-05-03
Interview Scheduled/Cancelled: 2021-06-25 (never received online nor mail notification, just an email reply to tier 2 inquiry about status)

Interview ReScheduled: 2021-11-02

Interview Date: 2021-11-30

Oath ceremony Scheduled/Cancelled/Placed in Line: 2021-12-01
Oath: 2022-1-24 ... JOURNEY OVER! 😺
 

event.png

event.png

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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Is it really a K-3 visa? Those are really rare these days. Good for two years on entry.

Entered married and no GC, wife seemingly holding his adjustment over his head for the last year.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

Entered married and no GC, wife seemingly holding his adjustment over his head for the last year.

Can K3 holder AOS with someone else? Remarry another US citizen other than the original petitioner?

Done with K1, AOS and ROC

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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Can K3 holder AOS with someone else? Remarry another US citizen other than the original petitioner?

Not certain, you see so few of them it does not come up as it does with K1

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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njgirl09 Newbie

njgirl09   0

Posted
Filed: K-3 Visa Timeline
  • Author
Posted

Thank you for your replies. I am at my parents' now. The reason why I am pushing for his deportation is because he WOULD harm me more and not care about it. He literally has nothing to lose. Someone mentioned ICE..would you be kind enough to elaborate?

I have not reached out to a divorce lawyer. That scares me because time wise wouldnt it take a long time? I fear for my safety.

If I could divorce and "move on", I would have done so today. But I know how psychotic he is. He will not let me live.

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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

ICE would not be interested and anyway he is here legally so doubly not interested.

As far as Divorce well the sooner you start the sooner you finish. You can look at a restraining order, Lawyer would be best to advice on this.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Pennycat Proficient

Pennycat   880

Posted
Filed: AOS (apr) Timeline
Posted

Thank you for your replies. I am at my parents' now. The reason why I am pushing for his deportation is because he WOULD harm me more and not care about it. He literally has nothing to lose. Someone mentioned ICE..would you be kind enough to elaborate?

I have not reached out to a divorce lawyer. That scares me because time wise wouldnt it take a long time? I fear for my safety.

If I could divorce and "move on", I would have done so today. But I know how psychotic he is. He will not let me live.

That was me. Like I said, you don't have much control over what ICE does or does not do. You can't just call up and ask for them to deport him, no matter how much he really should be. There are too many spurred and angry exes out there for them to just deport whoever someone asks to be deported.

If he is arrested for something while IN legal status (which he is right now), they will notice and may call him/see him in jail. If whatever he's arrested for results in a felony charge with a year or more in prison, he is "deportable" but again, they may or may not come to get him. If he is arrested for something while OUT of status (which he would be 30 days after your divorce), it is highly likely that he'd be deported, depending on the nature of the crime. Again, all this means that he'd have to do something to get arrested in the first place. And from then, you have no control over what ICE decides to do with him. You really just need to protect yourself, get divorced quickly and hope his behavior catches up with him someday. I know it is comforting to picture him out of the country, unable to return and I'm sure that anyone who has experienced domestic violence would agree. But that just might not happen and you need to proceed as people do in domestic violence situations with *any* person, foreign-born, immigrant, or not. You can go here for help: http://www.thehotline.org/

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Boiler Grand Master

Boiler   43,359

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

so sorry you are going through this. please get yourself to a safe haven. May the Lord be with you

What's wrong with her parents?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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