Jump to content

ChristineMichael1

Members
  • Posts

    52
  • Joined

  • Last visited

Reputation Activity

  1. Like
    ChristineMichael1 reacted to Villanelle in woman travels to USA...after marriage, husband does not want her now!   
    You have a lot of people mentioned in your story, the long and short of it is- theres a woman who came on a K1 visa with her son (hes on a k2) she arrived in Nov 2012. Married in Dec 2012. Her K1 expires Feb 2013. They have not filed for AOS. The USC husband does not want to file for AOS. He wants a divorce/wife to go back home.
    Heres the facts. The wife can not file for AOS on her own(not for her or her son, to keep this less complicated Im just going to refer to this as her from now on and omit the child, but the child is included). It has to be done through her USC husband. The only way she can file for AOS on her own is through a VAWA abuse claim. Because her husband is not physically abusing her she has no basis for a physical abuse VAWA claim. You made a partial mention of mental distress. W/O knowing her mental condition she might and Im hesitant to even say might qualify to file a mental abuse VAWA claim to adjust status but mental abuse VAWA claims are extremely difficult. They require the alien to have a psychological exam done, they have to have a diagnosis of PTSD or severe anxiety or depression. They had to be a victim of extreme mental cruelty by the USC spouse. (you can read about VAWA experiences in the VAWA thread on this forum) VAWA claims to adjust status take a long time to process. There are ways to file for work permits through the process, but its also slow.
    Re the aff of support. The 134 he filed is only valid while the K1 is in effect (90 days). Most states will not give welfare benefits to aliens, espc someone on a 90 day visa. She could attempt to go down and collect benefits, but she may not qualify for anything.
    If you were to pick her up and return her to your state, right now she is a K1 visa holder with her visa expiring around feb 2013. If she doesnt file for AOS with her spouse she will be out of status. Theres no aff of support covering her. I do not know if your state would give her welfare benefits. She will have no way to adjust status like I said w/o filing a VAWA claim. She wont have work auth, and she technically can stay in the US. If shes stopped by immigration or arrested by the police and they run her prints when shes out of status, they will discover shes out of status, they will require her to either adjust her status or leave the US (w/o her husbands support, shell have to leave)
    If shes eligible to file a VAWA claim then shes not out of status, shes in a period of auth stay while her AOS is pending.
  2. Like
    ChristineMichael1 reacted to Harpa Timsah in RFE -- detailed anal highlighting fanatic   
    Yes you are going overboard. it will just look like an undecipherable rainbow to an IO.
  3. Like
    ChristineMichael1 reacted to Harpa Timsah in UGH! Can't drive??   
    Huh, I found this quite easily. You can get a new license when you get your EAD in MN.
    https://dps.mn.gov/divisions/dvs/forms-documents/Documents/IdentificationRequirements_English.pdf
  4. Like
    ChristineMichael1 reacted to VanessaTony in UGH! Can't drive??   
    First, not everyone believes in God so some people would find your assumption that they do, or that there IS a God, insulting. Also, what if said person is missing limbs for whatever reason? Sometime being snarky can be meaner than you intended.
    And secondly no. In my area there are no buses, trains, taxis, subways etc. I live in small-town America. No licence means riding my bike or walking. The nearest town is a 15 minute drive doing 55mph, and even then it's not a big town. Nearest BIG town is 45 minute drive doing 65mph on the freeways.
  5. Like
    ChristineMichael1 reacted to madtownguy in Abusive Husband   
    I'd like to play devils advocate on this one. If she came here for him why would she want to stay? If I moved to another country for a girl and we broke up I would move back near my family. I think their are times were girls could make this up once they get here, I have to imagine most the time they do not get their green card. The guy isn't a good guy, but I'm guessing there were signs before hand. Normal guys do not want their wives to get multiple piercings, that's something stupid kids do that don't know what they want in life. I think she should definitely get out of the situation, but with how little she's lived here I think it's wrong that she stays he should pay the ticket back.
  6. Like
    ChristineMichael1 reacted to Kathryn41 in divorced in process moved out for a month now   
    I am sorry your husband is being such a jerk. He cannot get you deported, and USCIS is very familiar with unhappy spouses who complain when an honest relationship breaks down - as so many do - and complain that their spouse only married them for a green card.
    When you are divorced, you are allowed to file right away to remove the conditions on your green card. There is a part on the form near the bottom that you fill out requesting a 'waiver' from the normal procedure of filing together with your spouse. Check off that box that you are filing because you are divorced. You will still have to submit evidence that you got married for the right reasons and not immigration reasons, so while you are still married, make sure you get copies of joint bank account statements, any joint bills or liabilities you have together, any sort of documentary evidence that shows you two really did plan on living the rest of your lives together as a normal married couple. Affidavits from family, friends and neighbours also help. If you are covered under his employer's health plan you should be able to get a statement of that; if you have a driver's license showing your joint address, that is good. Think outside of the box for anything that you have that shows you as a married couple. Start collecting all of this now so that when your divorce is final you can send it all in together with the divorce decree. You can certainly include a letter about why the marriage broke down and why you left, and you will probably have an interview with USCIS where you can also explain things in person.
    Your husband is trying to intimidate you and threaten you but he really does not have any power unless his accusations are true and he can prove it. Since they aren't, he won't be able to prove it - he will just be another unhappy husband who is angry at his wife and trying to make things difficult for her.
    I'm sorry that things didn't work out as you had hoped. Good luck, and remember - he can't deport you so do what you can to create a new life for yourself. You aren't going to get your friend in trouble either. You are here legally until your current green card expires or your divorce is final - when you will then request the removal of conditions on your green card. Good luck.
  7. Like
    ChristineMichael1 reacted to Harpa Timsah in Horrible marriage interview.   
    OP - I am sorry you had a bad interview. But, it is not because the officer didn't want you to be together, or had a problem with mixed race couples or disabled people. They see that every day.
    Clearly the officer thought that your file indicated fraud. I am not sure why the first post says "my wife" and the second says "my husband." Did you guys both write here? I can't really gather the details of your case from the post because it is confusing. Can you tell us who Laura is?
    From what I can gather, male USC, 29 years old, disabled. Female immigrant, from T&T. How old are you? How did you come to the US? You have kids? Their ages and where are they?
    I ask this to try to get at the facts of your interview, to see it from their prospective, and see if anyone can offer some help.
  8. Like
    ChristineMichael1 reacted to VanessaTony in I-130 DENIAL HELP   
    Please stop typing in caps, it's considered "yelling".
    okay. If she were your biological child that would explain the denial. You're going to have to wait until you get the letter.
  9. Like
    ChristineMichael1 reacted to canadian_wife in K-1 visa problems   
    She was fingerprinted to get her first visa. She'll be fingerprinted again and then the jig is up. They'll know
    They'll know she got a fake CENOMAR and they may find her guilty of misrepresentation for immigration purposes. Which is a lifetime ban from the US. Before they even ask her a question - the deal is done
    So I'm not sure why you say you dont' know what to do. I'd pull the peititon and refile, with the help of a qualified immigration attorney
    Good luck
  10. Like
    ChristineMichael1 reacted to Anh map in K-1 visa problems   
    If you are actually telling a real story, and not just trolling, there is a nightmare ahead.
    You will also be liable for immigration fraud prosecution along with the married woman you want to bring to the US as your fiancee.
    Choose your next steps carefully.
  11. Like
    ChristineMichael1 reacted to Krikit in Legally entered on B1 that expires soon, how to renew inside US?   
    Did he write D/S or something that looks like it? It refers to Duration of Status. Here is everything you need to know:
    http://travel.state.gov/visa/temp/info/info_1298.html
  12. Like
    ChristineMichael1 reacted to aaron2020 in Woman with K1 visa wants to divorce and marry me   
    She can only get a green card through her husband who filed the K-1 for her.
    It would be fraud for her to get a green card at this point as she no longer has a bona fide marriage.
    She needs to get a divorce.
    She needs to return home.
    You need to file for a K-1 fiancée visa.
    There is no way for her to become legal by staying and marrying you. She can only become legal through her K-1 petitioner husband.
  13. Like
    ChristineMichael1 reacted to Justud in Woman with K1 visa wants to divorce and marry me   
    Bad situation all around. Dont do it.
  14. Like
    ChristineMichael1 reacted to Harpa Timsah in Pissed by the doc at the medicals   
    The Dr. is making sure they are not gang tattoos. Hence the detailed description. Tattoo by itself is not a problem.
  15. Like
    ChristineMichael1 reacted to amykathleen2005 in I-129F Denied :(   
    But it does say very clearly that you need to submit other things! There are 7 pages of instructions outlining what you need in convenient questions such as what should I include?
    There are a lot of forms to fill out in the whole immigration process. I am just trying to stress to you that you aren't going to get anywhere if you don't sit down and just reading it first.
  16. Like
    ChristineMichael1 reacted to JimVaPhuong in husband doesnt want to file AOS   
    I'm going to get nit-picky here.
    Your husband is already a US citizen. He doesn't file for adjustment of status. You do. The only thing your husband needs to do is submit an affidavit of support along with your adjustment of status paperwork. I'm guessing that if you guys had the money to pay the AOS fees then your husband would be willing to sign an affidavit of support.
    When you say "My husband won't file my AOS" what you're really saying is "My husband won't give me the money so I can file my AOS". You've already explained why this is true. Your husband isn't getting enough work, and simply doesn't have the money. Apparently, he doesn't have the money to file his taxes yet, either. If he's a sensible person then he understands the consequences of not filing his taxes are potentially more severe than not paying for your adjustment of status. What's more, his affidavit of support won't be accepted if he hasn't filed his taxes yet.
    Here's a little insight into the psychology of the male human...
    Nothing bothers men more than financial problems. Men like to think of themselves as being the providers for their family. When they have difficulty fulfilling this role then they can become deeply depressed, and it can seriously affect their mood. Jumping on their backs about it will only make things profoundly worse.
    Sit down and have a talk with your husband, with specific emphasis on the fact that you'd like to try to help him. Do you give him ####### about buying you new clothes or taking you out to nice restaurants? Tell him you'll stop doing that so that you two can save a little money every month. Tell him you'll eat ramen noodles or Kraft macaroni if it will help to lighten up your budget and save some money. Tell him you'll skip the monthly remittances you send back to your family, or the $100+ in calling cards, or the fancy smart phone with the data plan, or the 400 cable TV channels. Tell him you'll do whatever it takes to help get your household finances in order and save the money you need to pay the fees.
    Your husband is not your enemy. He's the only one who can help you do this, but you've got to help him.
  17. Like
    ChristineMichael1 reacted to Harpa Timsah in Adjustment of Status Denied For 2 Day Error   
    No, your wife can stay here and file for adjustment of status again. HOWEVER, you must now file a I-130 with it as well, to establish a marital relationship. The I-129F is void because you did not marry within the 90 days. But as long as they all entered with inspection (they did) you can file a CONCURRENT I-130/I-485 Adjustment of Status package for them all, and they can wait it out inside the US.
    Here is the VJ guide: http://www.visajourney.com/content/i130guide2
    You will also have to file this for each stepchild.
  18. Like
    ChristineMichael1 reacted to KayDeeCee in Civil Surgeon   
    First, are you sure you need to see a civil surgeon? Do you know for a fact that you are missing vaccinations? See this post to make sure whether or not you need to see a civil surgeon: http://www.visajourney.com/forums/topic/335754-ds-3025-complete-or-not/page__p__4971318#entry4971318
    If you have looked at that post and your DS-3025 shows you are still missing vaccinations, then you need to call around to find a civil surgeon that won't insist you need another medical. It can get frustrating, and you might have to call some that are a farther drive from where you live to find one. You can print out the instructions for the I-485 and I-693 to show them. When you call, make sure to explain clearly that someone adjusting status from a K-1 visa does not need another medical exam if theirs was done within the year. Make sure you tell them it states that in the form instructions even and you would be happy to print a copy to show them. Look through the post amykathleen2005 linked to above and see if any of those civil surgeons are anywhere near enough for you to use.
  19. Like
    ChristineMichael1 reacted to afoyoswa in Get married a day before I-94 expires (90th day)   
    I don't know which state this individual is in or the specific regulations there. But, there is a lot of middle ground between a courthouse and a big wedding. If the location is a problem: get the marriage license, find out when the minister (or other person qualified to officiate) is available to meet with you briefly, go to the location of your choosing with the officiant and any required witnesses, have a simple ceremony, turn in the paperwork, and then go all out with the big shebang on August 2 or 4 or whenever.
    A marriage doesn't have to be accompanied by a big party and the presence of everyone you know to be legal. After having gone through all of the regulatory hurdles to get over here in the first place, it would be a pity to decide to prioritize satisfying precise religious requirements over satisfying regulatory hurdles and risk throwing all of that time/effort away.
  20. Like
    ChristineMichael1 reacted to Darnell in Get married a day before I-94 expires (90th day)   
    Then please have a USCitizen compute the range for you.
    There's a POE date, and there's a marriage date.
    If your friend falls outside of the range because you have this weakness, it will 'look bad' on you. Get another human to help you.
×
×
  • Create New...