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MichaelAndAlicia

Husband left back to UK. Was waiting on greencard.

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On a personal note, you two really should talk if you want to stay married. Not sure if I'd want to be with someone who leaves the country (!) Because of the fight. Married people fight now and then but this is totally overreacting. He could have just go to the motel for a night or something but he just left and basically wasted all the money you put in the k1 and aos.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Other Country: United Kingdom
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Not sure if it will have an effect but did you file for your adjustment before or after the 90 day allowance for the K-1?

 

Others more knowledgeable may have the answer but I wonder if it might affect his ability to even visit while he's gone.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: Citizen (apr) Country: Denmark
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I'm not sure the homesickness really justifies that kind of behavior.  I had immense difficulty when living in my husband's country, but I wouldn't have left without him.  If we were going to another country (Sweden, Norway, America), it would be together or not at all.    Spousal abandonment is a really bad trait and worrisome for the future when things might be more stressful.  

 

I also concur with some other posters that you will need a CR1 visa, but you can also spend time in England during the wait.  Depending on how long you are there, it might necessitate a co-sponsor for the I-864 and some proof of domicile.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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Filed: K-1 Visa Country: Wales
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You moving to the UK would be much quicker.

“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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1 hour ago, N-o-l-a said:

I'm not sure the homesickness really justifies that kind of behavior.  I had immense difficulty when living in my husband's country, but I wouldn't have left without him.  If we were going to another country (Sweden, Norway, America), it would be together or not at all.    Spousal abandonment is a really bad trait and worrisome for the future when things might be more stressful.  

 

I also concur with some other posters that you will need a CR1 visa, but you can also spend time in England during the wait.  Depending on how long you are there, it might necessitate a co-sponsor for the I-864 and some proof of domicile.

Oh I am certainly not trying to make excuses for him. It is a very serious issue here but I believe homesickness may have contributed to it, not been the sole reason or even the major reason. We don't know much of the background here. All we know it was a "fight". That's a catch-all term for anything from a disagreement over how much money one of them spent at the store to a physical altercation. Also we don't know how "established" the husband was in the U.K. and what he left behind. Maybe he left children behind? 

 

I left my first husband (another Brit) and one of the major factors was how his entire family, including cousins, aunts, etc refused to accept me and treated me with contempt because I am a different race to them. I'm not saying that happened here but we don't know what he left behind or what he walked into here. As usual, we only have one side of the story. I'm sure it wasn't a decision he took lightly. Especially as he likely had no job or home to go to in the U.K. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Denmark
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24 minutes ago, JFH said:

Oh I am certainly not trying to make excuses for him. It is a very serious issue here but I believe homesickness may have contributed to it, not been the sole reason or even the major reason. We don't know much of the background here. All we know it was a "fight". That's a catch-all term for anything from a disagreement over how much money one of them spent at the store to a physical altercation. Also we don't know how "established" the husband was in the U.K. and what he left behind. Maybe he left children behind? 

 

I left my first husband (another Brit) and one of the major factors was how his entire family, including cousins, aunts, etc refused to accept me and treated me with contempt because I am a different race to them. I'm not saying that happened here but we don't know what he left behind or what he walked into here. As usual, we only have one side of the story. I'm sure it wasn't a decision he took lightly. Especially as he likely had no job or home to go to in the U.K. 

 

And none of it is relevant or our business, it is still inappropriate behavior for an adult married man, especially when there are likely to be immigration consequences.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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Filed: K-1 Visa Country: Kenya
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16 hours ago, MichaelAndAlicia said:

Yea, we got into a fight and he up and left on terrible impulse decision which he now regrets.

 

He had just gotten his work permit and we were waiting on the green card. The status on USCIS had already changed to "under review, ready to schedule interview"

 

Yea, I am shocked and seriously upset with him. Very hard pill to swallow after all of our hard K1 work.

 

Any ideas on what to do to get him back? Start all over with a K3? Do the CR1?

 

Will he even be able to come back?

 

jfc. I can't believe him. The first year of marriage is the hardest, I keep hearing.

 

I am willing to take him back since he is so upset about his decision as well. People do make mistakes. and HOPEFULLY learn from the consequences.

 

We realize it could be up to a year. Or never.

 

You mention you want to take him back because he is upset with HIS decision? Is that really a good reason to take someone back?

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Filed: K-1 Visa Country: Kenya
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16 hours ago, MichaelAndAlicia said:

no, we didn't do that part.

Why didnt you? Just curious again...it is free and part of the AOS should you want it? So basically he would not be able to work until the interview/receipt of the GC

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3 hours ago, MacUK said:

Not sure if it will have an effect but did you file for your adjustment before or after the 90 day allowance for the K-1?

 

Others more knowledgeable may have the answer but I wonder if it might affect his ability to even visit while he's gone.

If somebody filed for AOS after their 90 days of legal status, then they would have accumulated unlawful presence. Unless it was 180 days or longer, there's no bar to waive.

However, the days of using an ESTA would be history...even 1 day of unlawful presence eliminates that path. Getting a tourist visa from a VWP country is not too simple, and the previous violation of status would be part of the consideration.

 

Edit: Getting a tourist visa (or using an ESTA) even if they filed within 90 days would be quite difficult since AOS was recently filed.....showing non-immigrant intent after that is very difficult.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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4 hours ago, Boiler said:

You moving to the UK would be much quicker.

Ironically, it would probably be quicker to move to the UK and file DCF and get that approved, than it would be waiting for a 'regular' CR-1 in the OPs current situation.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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I know some times a little thing can turn into a big issue. I just filed for CR-1 last month for my wife and it didn't take very long to get NOA-1. I wanted to do K3 as soon as I get NOA-1, but she couldn't take a simple US passport compatible picture. I don't understand how a simple thing like taking a passport picture could be such a big issue, but everyone is different, so we just didn't do K3. 

 

I think the best way for you to sit down and discuss the situation and plan the best path forward for both of you. Sounds like CR-1/I-130 is the best path for you now.

 

I don't know why some people are putting this on 1 year to 1.5 years timeline for CR-1. From everything I have seen, it should take from 6 to 9 months. Marriage demands adjustments from both of you and a lot of patience. 9 months might sound like a long time, but remember you are going to spend the rest of your life together.

 

Good luck with everything. 

Ladies and Gentlemen, Welcome to the 2018 Waiting Games.

 

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Filed: Citizen (apr) Country: Denmark
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12 minutes ago, ramesesthe2nd said:

I know some times a little thing can turn into a big issue. I just filed for CR-1 last month for my wife and it didn't take very long to get NOA-1. I wanted to do K3 as soon as I get NOA-1, but she couldn't take a simple US passport compatible picture. I don't understand how a simple thing like taking a passport picture could be such a big issue, but everyone is different, so we just didn't do K3. 

 

I think the best way for you to sit down and discuss the situation and plan the best path forward for both of you. Sounds like CR-1/I-130 is the best path for you now.

 

I don't know why some people are putting this on 1 year to 1.5 years timeline for CR-1. From everything I have seen, it should take from 6 to 9 months. Marriage demands adjustments from both of you and a lot of patience. 9 months might sound like a long time, but remember you are going to spend the rest of your life together.

 

Good luck with everything. 

 

Current processing times are over a year.  That could shift as it often does (they were more like 5 months when I filed for some, but have frequently gone over a year over the course of the last decade).  K3s are almost never issued anymore.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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