user19000

"These people" were usually brought to the US by Americans who did their best to prove hat they were honorable. So point the finger to the right direction.

I'll be straightforward and to the point. LET IT GO.
Can you successfully get her deported? MAYBE if you want to dedicate the next several years of your life trying to get a court to catch her on something that would put her at deportation risk. I have a friend who after the marraige ended, called the USCIS trying to get her ex-husband deported. She must have come off as what she was - a bitter ex-spouse.
I just think that you would be spending to much energy on this and deny yourself an opportunity to meet the one.
But hey, do what you feel is right. Only you really know wassup

John I understand your frustration with the issue, but I can assure that it occurs on a daily basis. People file for ROC with a divorce waiver every day. Theres a sticky (?) I believe its a sticky guide at the top of the ROC forum and if you browse the ROC forum youll see plenty of posts from users stating thir stories and experience. ie I was married 8 months, 10 months, 14 months, divorced and sent in the following, heres my timeline... omg I was approved, thank you VJ.
So yes the concept is a marriage that doesnt last 2 years is a little suspect. But that doesnt automatically mean it was for benefits and is automatically going to be denied. Thats not what the directive said. The divorced person can check off the divorce tick box on the ROC form and the officer will evaluate their application and review things like the proof of their relationship, the length of the marriage, the divorce decree, and yes all the dates, and use their discretion to determine if the marriage was entered into in good faith.

Yikes-I dont know if the OP has any intentions of coming back to this thread or not but-
The above references to you must be married for 2 years etc etc are totally incorrect. Its somewhat based in truth but its incorrect.
First-
The AOS was filed in FEB 2012. I have no idea why they are holding their breaths waiting for an interview date to come in the mail. From what Ive read in her posts thats what she seems to be saying, not we have an interview scheduled, nor we were sent to a local office and are awaiting our interview date.
K1s are processed 1 of 2 ways. Basically you send in your packet. About 3 months later you get your EAD card (if requested) about the same time 1/2 the applicants are routed to local offices to be interviewed the rest are retained at NBC to be issued cards w/o interviews. If youre in the interview group that doesnt mean your interview is right away and its not a solid carved in stone 3 month timeline, its an approximation.
Based on a Feb filing date 3-5 months later decisions have been made internally on whos getting routed to local offices for interviews and whos remaining at NBC. So by July its safe to assume if you are a Feb filer if you havent gotten a notice advising you of an interview date, nor has your case status been updated to reflect a transfer to a local office w/o an interview date (which means your at the office but a date just hasnt opened up yet) it means youre at NBC and on track to receive your card w/o interview.
Because the OP did not mention being in the latter group above (we are at the local office and just waiting for a slot, nor mentioned already having an interview date) they are probably still at NBC on track to getting the card w/o interview and can confirm that by checking her case status online or on the phone. There is little to no chance that NBC is going to refer them to a local office at this point. The window has closed so to speak.
As others have mentioned getting approved w/o an interview means USCIS will have no idea about the marital turmoil between the parties unless she chooses to notify them. If she does notify them, they can refer her to a local office to evaluate the situation in person. If they do evaluate the situation as others have explained, the odds of approval are not very good. So while the lawyer is correct that in order to obtain the status he needs to prove he entered the marriage in good faith and the marriage is still viable at the time the benefit is issued, youd be asking them to ignore the fact that the marriage is still intact so that he can reap the benefit. While thats not illegal and they cant deny him for that, it will call into question what kind of person you are.
You are the kind of person who has no problem remaining married so that he can reap a benefit he would not be entitled to if he was not married. Which could mean perhaps you married him to get him the benefit in the first place and the marriage was not in good faith- DENIED. (no good deed goes unpunished sorry)
To clarify the above posters comments about the 2yrs and the conditional cards. When you file for AOS you get a 2yr conditional card if your marriage is less then 2 yrs old when they issue the card. If your marriage breaks up before the 2yrs is up, you can file to remove the conditions on your own but it does seem suspicious. Plenty of people remove the conditions on their own with out issue every single day. The shorter the marriage the more suspicious it seems. So if you are married for 8 months and the day after his GC is issued divorce is filed and finalized a month later, he is going to have to ROC (remove conditions) after the divorce and hes going to then have to justify again to USCIS that the marriage was legitimate at that point again and was not for benefits. But at that point hes going to be on his own. Will they believe him? Maybe, maybe not. Filing for divorce immediately after your GC is issued is a giant red flag that you were only in the marriage for the greencard and again like above calls into question your intent in entering the marriage in the first place.
As for the 864 theres plenty of info in the forums about it. If he is approved it remains in effect. If he is denied it does not.
If they do not approve him, they will send a denial notice. It explains things like overstay and that you have no status. It says you do not have the right to appeal it but you sort of do. Your situation would be incredibly complicated to appeal, and his denial would be as a result of you pulling the 864 so were not going to go there. The notice would advise him to leave with in 30 days and its in his best interest to do so if he ever wants to return to the US again on another type of visa. The notice is NOT deportation orders and he probably wont ever receive deportation orders but he is still going to be out of status once he is denied. The safest thing for him to do is to leave once you decide to withdraw your 864 if you go that route, or if he chooses to wait, leave with in the 30 days of receiving the notice.
You would have to make a decision NOW on whether or not to withdraw your 864 because the chances of an interview notice coming are very slim as unless you are at a local office waiting for one to be scheduled- you are at NBC and not getting one. If you do not send your withdrawal letter now, its going to be too late as it does not just take effect immediately. Its got to work its way through the internals. There has been times people have attempted to submit it due to finding out they were the victims of fraud and it hasnt made it there on time. (If you decide to submit a withdrawal there is info on the forums on how to do such)

Read the I-751 form. One of the bases is "we divorced." And when you use this basis you don't even have to wait until when the card expires to apply for it.

@Vanessa, yes, your situation is different --- mine as well, that is why I came home when I knew that it's not gonna work out. Now I am slowly gaining back what I have lost when I came to the US thru K-1. My advantage is that I have a loving family and trusted friends, critical skills needed for a good paying quality job, and a very positive and happy spirit as God is always with me.
Having said that, NOT everyone is the same.... other immigrants feel they can't have it back home or they may be facing other difficult situation, so they tend to stay in the US and start life once again. We never know until we put ourselves in their shoes. Eveyone is unique though.
OP, please study your situation carefully -- the long term effects on you, financially and legally. Hope you come to a decision that favors you then and importantly it is good in the eyes of God. May the Lord bless you and give you peace !

IMHO
He can't (won't) say good-bye.
Does he want me? Does he not?
Been there, done that.
So much hurt.
I ended the relationship, it started to sound like a soap opera.
35 years later folks, he has not changed one iota.
Sends emails saying; "keep in touch, you never know".....
Flattery and other empty words.
He has not changed.
I have, and am so thankful I found the strength to end it.
Found new love, new life and never looked back.
Yes, I loved him....
but love is not enough!!!
Wishing you a happy fulfilled rest of your life hon!

An embassy uses a "reasonable person standard" to see if the relationship makes sense and is legitimate and is not trying to circumvent immigration laws. Doing something that is against cultural norms sends off alarm bells in a CO's head.
Because it is not a normal thing to do in Vietnam, it sounds like you are just helping a family member out.

I thought it was against cultural norms to marry your cousin in Vietnam, hence it being illegal there.

ugh. this thread is so gross.

Why should I do self-deportation? I am a US citizen.

It's not going to end after 10 years. Nor is deportation going to be done once you have sent the 12 million illegal immigrants home that are here now. More will come as they always have. If you keep deporting them, you will continue to rack up these bills. And there's really no reason to believe that the equation is all of a sudden going to tip in favor of deportation. Look at the CBO report on the Senate bill. It's eye opening. The net effect of federal revenues vs. expenditures that would result from the bill is positive. It would reduce the deficit. Deportation will always be a net cost. It won't ever make a dime for the treasury. It's not hard to understand.
Nothing wrong with asking for a source. Just the suggestion that I am making up my own facts was uncalled for.

Just cause you don't like what I say, doesn't mean I've added nothing to the conversations.
Seems to me the OP wouldn't be so mad if his experience hadn't been so negative. I think that's relevant to what he posts about.

The problem is that a lot of the rules people don't like are still legal paths to the US.
The VJ mindset is that if another immigrant or couple didn't take it in the rear as hard as the VJ member thinks they had it, then the other immigrant didn't come in the "right" way.

I did. Did you? I came up with a CBO estimate on the cost of the Senate bill on Immigration reform which is estimated to reduce the federal deficit by roughly $175 billion over the next decade. I also came up with a price tag of about $24K per deportee. Since we have some 12 million persons you advocate deporting, that would run up a $265 billion bill. So, save $175 billion or spend $285 billion. To me, it would appear that saving is cheaper than spending.
Of course, you could peruse stormfront, heritage or other such xenophobe sites and get a distorted picture that will fit your taste much better. You will also be spared any factual information there.

So you're willing to pack your child off to Vietnam just because the woman ticked you off?
Nice.

We've deported some 4 million people since 1990. We've amnestied about 3 million in that same time frame - Clinton in the 1990's did a few rounds of amnesty. Either way, more people are deported than amnestied. Following your line of thought, people should thus be discouraged from coming here as their chances to get deported are grater than their chances to benefit from some from of amnesty. And yet, they've been coming. What's up with that?

It also encourages the next round of illegal immigrants.

I'm handling facts just fine. It's a fact that legalizing those here illegally costs more than deporting them? Are you sure about that? By all means, substantiate the math behind that claim.

Annoying conservatives is what I do for fun. It's easy to do. Just throw some facts into a debate and they'll go nutz.

Call your Republican members of Congress and tell them to put up the funding. Good Luck with that!

I read what you wrote. You wrote that as a rebuttal to my post specifically dealing with the false claim that "Obama is wrong/illegal sending these memos instructing DHS who to deport". Again, Obama has not sent any such memo to DHS. That's all I am saying and that does remain true. Has nothing to do with whether or not Obama approves of the DHS enforcement - I'm quite certain that he does. That's not news, though. The Obama administration has focused detainment and deportation efforts on those illegal immigrants that have committed crimes in the US. Deportations among that population is up some 80%.
In my business as in most - if not all - others, we have limited resources with which we are asked to accomplish more than is humanly possible. What we do to ensure that the resources that are available are put to best use and to maximize the benefit we derive from them is a process called prioritizing. That's in all essence what DHS is doing. Prioritizing. Just as any sound business would. Isn't that what we expect from our government? To make the best use of limited resources? I suppose we do unless Obama does it.

What directive? Point me to that Obama directive, why don't you?
www.whitehouse.gov - if there is such directive, it should be found in the "Presidential Actions" section. Good Luck and do report back with your findings.

I get it, attention to detail isn't your forté. The OP stated that "...Obama is wrong/illegal sending these memos instructing DHS who to deport". Problem is that there is no memo that Obama sent to DHS instructing them not to deport parents of US citizen children. The President does issue directives from time to time to the executive branch - those are known as executive orders. There isn't one here. Thus, unless you can point to an executive order that Obama has issued directing DHS not to deport illegal immigrant parents of US citizen children, the OP was incorrect in making that statement.
Just as you were incorrect the other day when you falsely claimed that the debt increased more under Obama's watch than under all previous presidents combined.
I had already acknowledged the presence of this story in the right wing echo chamber. The Washington Times is certainly part of that. Always has been.

Nothing published suggests that Obama did anything at all. Seems that the right wing echo chamber is getting its panties all in a wad over an ICE enforcement directive that deals with illegal immigrant parents of US citizen children. Not sure what Obama did exactly. He certainly did not send that memo as the OP falsely claims.