BSquared

It's unlikely she would be denied, but it's still possible. Here's a memo about it: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

she would have 87 days from the RFE to supply it. If she doesn't have it in time she would be denied and sent before an immigration judge who would order USCIS to wait until the decree is available and then process her ROC once it's available. Not really as scary as it sounds (so I'm told).

she should be okay as long as she has relationship evidence and all that. She's not the first, nor the last to be in this position.

Sounds like something I would never want to experience... (although, I am the USC). She is scared of a denial and not being able to take her daughter, so I'm sure she'll feel better knowing that there is a chance either way. Thanks.

Regarding the grounds for divorce in NC (Where I live and have been divorced)

You do not need to be separated for one year but rather you can get divorced if you live separate and apart for one year. Most go this way because its easy.

Below is NC general statute regarding grounds: Check out #6

§ 50‑7. Grounds for divorce from bed and board.

The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:

(1) Abandons his or her family.

(2) Maliciously turns the other out of doors.

(3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B‑1, et seq.

(4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.

(5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.

(6) Commits adultery. <a name="HistoryNote">(1871‑2, c. 193, s. 36; Code, s. 1286; Rev., s. 1562; C.S., s. 1660; 1967, c. 1152, s. 7; 1971, c. 1185, s. 22; 1979, c. 561, s. 5; 1985, c. 574, ss. 1, 2.)

Thank you so much for the post. I will be sure to let her know. :-) I'm sure she will be relieved that she won't need to wait the year. Thanks again.

It's always somebody's friend but it doesn't matter. The poster above provided you information. as far as i know, divorcing on adultery (if you have grounds) is faster in any state. Just make sure to provide evidence. Your friend can hire a lawyer or do it herself. Doesn't matter .... I've seen people divorcing based on adultery and they did it without a lawyer, it's not much harder than filling out immigration paperwork. But that really only works if they don't fight about kids or money.

Thanks for the advice... and the winking face is completely unnecessary. Benjamin and I are not married yet, as much as I would love to be. Unfortunately, he is still in New Zealand. You may think what you want; I need not tell you my personal life. She does have a daughter, but I'm sure they can work something out as far as she is concerned. Again, thanks for your help... and I'll pretend like you weren't accusing me of lying. ;-)

She should find out what is required to start the "separation period" or what is determined as part of the separation period (perhaps the cheating will be counted as an emotional separation but I doubt it). I suggest she see a family law attorney for that. Honestly that part she needs help with.

In regards to immigration, if she files as married and he doesn't come to the interview she could be denied... but what she SHOULD do is ask at the interview to change it to a divorce/waiver filing and she will get an RFE for the decree and she will reply to the RFE with the decree when she gets it.

Basically move on with her life and file for divorce asap (if that is her choice). Immigration should be fine as long as she has the proof of bonafide marriage stuff (prior to the separation/divorce).

I warned her that if she marked married and he didn't show she could be denied; thank you for the additional information pertaining to the RFE. How long would she have to reply to the RFE and submit the decree? She does want a divorce, she just wasn't sure how she could pass her interview if she wasn't officially divorced this time next year.

Thanks so much for your help.

If your divorce is based on adultery, you don't have to be separated for a certain amount of time. She just needs to make sure to have proof when thu have to go infront of the judge, a lot of people try this route, even of there was no cheating, to get divorced faster. Also, the official separation begins when she or he moves out. Good luck!

Does this apply is NC specifically or in any state? Is there a way to look this up or simply to consult a lawyer..? (Also, this is in regards to my & Benjamin's friend.) Thank you for your help. :-)

Hi everyone,

I was hoping someone could help here...

I have a friend who is doing her ROC in August 2013 and she has just found out that her husband has been cheating on her since early 2011 (he set up a private email address and hooked up with people).

She lives in North Carolina and the law there says that they must go through a year's separation prior to getting a divorce. Does anyone know is there is a way around this since she has proof of his cheating?

Aren't there only 2 boxes on the form for ROC; married & divorced? Can she check married and if he doesn't show up, due to the separation, will she be penalized? What options does she have?

Other details:

1. She has been living in the US for several year and they have been together since 2009.

2. Her chances of having an interview are high as she overstayed her J Visa prior to the two of them marrying.

Thanks in advance!

Getting married and apply for K1,unfortunately don't go together, so I am assuming you want K1 finance visa then get married, Yes. Just try and get a visa visit then apply for K1 when you are here or what ever our plan is. Just don't enter on false pretense when the wait is short depending on the rest of your lives.

Ben made a mistake when he put K1... we'll be getting married and applying for the CR-1 and we know it is going to be a wait...

I think you clicked twice because this is a duplicate post

Dammit! I did too. Haha. I'll try delete it.

Hey everyone,

I have a hypothetical question here...

I live in New Zealand at the moment, and my fiancee (US citizen, lives in US) and I are soon to be married and apply for a K-1 visa. My question is:

I would like to be closer to my fiancee so we can see each other more often, and I see that Canada has a Working Holiday Visa which I would be eligible for. If I moved to Canada and worked there, it would mean that, hopefully, I could drive/fly to see my fiancee in the US more often...right? I have heard that I could be refused entry to the US at the border, but also that I may be allowed to enter (I guess it depends on the Immigration Official)...has anyone been in this situation? Would the US Immigration Service be against this sort of arrangement? Are there problems that I should know about?

Thanks for your help...

The i864 is the legally binding document. It doesn't matter how much/little you worked last year - if you CURRENTLY meet the requirement, you may sponsor him yourself. When it comes time, you'll just need to show proof that you work/earn enough.

Hi,

If my fiancée (US citizen living in the US) comes to New Zealand (where I live) and we get married here, is the New Zealand marriage certificate valid in her home state of Pennsylvania, or would we need to somehow register in Pennsylvania as well to get her named changed for all our paperwork to be valid, etc?

Hope you can help!

Cheers.

Your saying it's healthy/normal for a kid to be raised in an environment where he has two dads playing house? I mean let's be honest. That kids head is going to be messed up for life. And it gets worse for the kid when it comes to his/her class mates and peers. It's sick imo. It's bad enough they are trying to play house as if they are normal, but to bring a child into that environment should be a crime.

Allowing a gay couple (male or female), who love their child tremendously, to raise it, should not be a crime. I've seen/know of several gay couples raising children (I work in a NICU) & I much prefer sending babies home with 2 mothers (or fathers) than I do with two drug addicts. At least we know the gay couple will love & care for the child & its chances of showing up dead on the street are slim. Just my opinion.

Ben's from South Africa; go Springboks! he lives in NZ - so he'll keep me updated & I'll check things out online.

I'm sure you'll do fine. good luck!

You'll have to look at the stamp in the passport to see when it expires - it's generally around 4-6 months. (I believe.) I'm not sure what you mean for the rest... BUT... you'll have 90 days to marry after entering the US. And once you're married, you apply for AOS. The sooner - the better. But if you don't apply for AOS prior to his I-94 expiring... it's fine, they'll forgive those days when you do apply. The K-1 expires upon arrival to the US (it's a 1 time entry visa). So long as you marry within the 90 days, he's not considered to be here illegally, just out of status. Hope that helps. (Pretty positive this is all accurate.)

125% is less than $19,000 a year, not $23K.

I know - I fixed it. I was thinking of 125% for 3... was having a blonde moment.

Correct. Just the 2 of you... which makes 125% around $18,000+- (at least I think that's the amount. Lol.)

You say her B2 visa is expired, but then you say she got adjustment of status. On what grounds did she adjust and to what?

Maybe he doesn't really mean adjusted status..? but rather reapplied or something..?

Thankyou

I've never lived outside NZ - so I guess all I needed was to fill out that form.

Goodluck on your visa journey guys

You're welcome. & good luck to you too. (Not sure if ya saw it - but I commented on a post you made the other day... it'd be wonderful if you update the consulate page -not just a review- after your interview - hasn't been done since last year sometime.) Hope all goes well!

Have filled out and mailed in my forms, one being the enclosed application for New Zealand police certificate.

In the list of other stuff i need it says: Police certificate from all places lived for ONE year since age 16.

Is that the above? Will they mail that direct to the consulate (seeing as the consulate is the one applying for a certificate with the above form i've signed) or is this a different certificate?

I have no criminal record to worry about but am just concerned if this is a 2nd certificate i need to source from somewhere or is filling out the enclosed form all i needed to do??

(dear admin ppl: i didn't know where else to post this and have no idea where regional forums are so please move if i'm in the wrong spot thanks!)

They mean that you'll need to bring a police certificate from everywhere else you've lived. If you've never lived outside of NZ (for an extended period of time) - you don't need any other certificates. Benjamin lived in South Africa (he's a citizen), the UK (citizen here too) and now NZ. In addition to signing that paperwork - he'll need to bring along police certificates for SA & the UK.

I've been to america once, hes been to new zealand twice (all in the last year) = interview in 15days

Ben & I are the opposite. He came to the US twice (Oct & Dec) & I went to NZ earlier this year. (I'm going back in November.) You'll have to update the consulate page then - hasn't been for almost a year. Hope it goes well!

It took package exactly 14 days to arrive, Thank Goodness, i was in a panic, from now on I suggest spending the money on express mail, we go through way to much for this paper work to be late or disappear!

Glad it didn't take too long. I'm waiting for Ben's paperwork (been almost 2 weeks) to arrive here so that I can FINALLY ship it off and get started. They lost 2/returned them to him after 8 weeks of waiting/being lsot. So we're becoming impatient. Lol.

We downloaded a game for android phones - What The Doodle? - last year - there was a 'friend' & 'chat' feature. We added one another & logged on just to talk... been all smiles ever since.

You guys have me totallly confused. So what is the answer? Is it asking for a passport that was valid for at least 5 years when it was issued, or is it asking for a passport that will not expire in the next 5 years. Ie. If a 10 year passport was issued in 2004 is that not good enough since it would expire in 3 years? Or is it good for this purpose since when it was issued it was valid for 10 years? Next question, if the answer is "It must still have at least 5 years remaining before it expires then... 5 years left from when? The date they recieve I-129F, the date NOA1 is issued, the date NOA2 is issued, or the date of the interview? Mine is that close to the 5 year mark. Will it still need to have 5 years left on it again after marrying and applying for the next step as well?

The intructions mean that the passport must be valid for another 5 years. I'm not sure exactly when - but I assume this rule is meant for when you apply. Someone else might know for sure. --- I could be wrong.

Good day!

In the absence of us birth cert. Passport can be a proof of citizenship when filing i-129F. My question here is, does the passport really have to be valid for at least 5 years as stated in the instruction form?

My fiance's (the petitioner) passport expires Oct. 2012. Does he need to renew it to have a validity of at least 5 years or can we just use this current/unexpired passport??

I'd be glad if you could he us regarding this. Thank you.

http://www.uscis.gov/files/form/i-129finstr.pdf

The instructions state that if you were born outside the US give: a Certificate of Citizenship OR Form FS-240. OR... a valid, unexpired US passport with a validity period of LEAST 5 years and submit ALL pages.

He'll need to apply for a new one.