user19000

I disagree with previous posters.
If it was fraud then why would he say he wants to go back to his own country?
Being a bad husband doesn't make it fraud.
Possibly being a cheat doesn't make it fraud.
It only proves he's a jerk.
If the marriage is over then let him go back to his own country and both of you can move on.

That's what I gathered as well, which is why I pointed to the clear answer in the USCIS website, which is not what the OP wanted to hear. Imagine if everyone who committed a crime could just run away and say they weren't a citizen anymore ...

Why are you so mad mister? Are you same boat with OP? Do you know his real life? Or you just sympathized for his story? OP posts are filled with hatred after 5YRS about his ex spouse. He cancelled his AOS before her AOS was even interviewed. And now he is so mad because she is still here with a settled family and kids. She could have a great lawyer, or left legally then started from scratches with current spouse. Or she is illegally staying with no status at all, who knows? But it grinds OP gears when she is now happy with another family. He thinks she can't be here without his K1 visa? He even brought Mexican families here to highlight his post. That's why he needs to man up.

Having a heart is being a realist and advising someone to let go of negative thoughts and get on with life rather than being eaten up inside over issues they no longer have any control over.

How about listening to another story from the lady, which we have never had a chance to know?

Very true. I studied in Northern Europe. My tuition was free, including books and the state was giving me the equivalent of $900 for being a full time student (welfare program that every student gets depending on how far they reside from home), which was more than enough to get by. Also, minimum wage was the equivalent to $20/hour. That's what mcdonalds workers make there (compare that to the $7 they make here). I graduated with no student debt and some savings. (Most americans find this hard to believe).
I've read some posts here considering in-state tuition ($5000/year on average, I believe) a handout... lol. It just seems to me that there's a correlation between low self esteem and hatred for immigrants in America. As if immigrants are the reason for all the problems in this country. History is completely forgotten or they'd know that most of them are descendants of poor, sick and starving immigrants, "Give me your tired, your poor, Your huddled masses yearning to breathe free..."
It is specially ironic to read derogatory comments towards immigrants in general, from people who are immigrant themselves.

OMG 2ndMessiah, this is SO TRUE. I found it sad for a while also. Now that I have been reading this same "return policy" garbage over and over from overly entitled USC and for years, it just sickens me to no end. God knows that both your country and mine are receiving a huge bunch of immigrants also. Did you ever witness that in your home country? I have never, ever seen that.
I can only imagine what this poor woman might be going through at home considering the already abusive behavior and entitlement displayed here.

Then you might consider looking at the statistics of the US department of justice on Domestic violence in the US! More than One in Four women in the US will be abused by their male partner in her life. I am not the one who says that, these are the statistic of the US department of justice.
VAWA has been created to prevent abusers who have been dumped over and over by USC Spouses ( because they are abusive) from "buying" a mail ordered wife, beat the heck out of her and maintain her in this hell thanks to their immigration status. So 40 foreigners abused every day? I bet you there are MANY MANY more than that who do not know what their rights are ( and for having been in this situation, I can tell you that finding accurate information is HARD).
Just so you know, no one goes and get approved for VAWA or I-751 for extreme cruelty for nothing ( see my previous posts for the list of exhibits)
Last but not least What handouts are you talking about? This is another widespread legend! First most people coming from western EU countries have MUCH better benefits in their own countries than any USC can possibly dream of in the US. So leaving their country to marry a USC and move to the US to find a worse situation does not stand reasoning. For the rest of the countries I don't know. Then, and most importantly, if an immigrant applies for ANY benefit ( cash assistance, housing assistance,medical assistance) they become what USCIS labels as "Public charge" And THIS is specifically one of the criteria USCIS adjudicators are using to deny ROC. So what handout are you talking about?

Even if you don't like it, you all have to realize 2 things:
-1- The simple fact of trying to force anyone out of the country by any way and to use the immigration system to achieve that goal while this person has full legal status in the US; and particularly because you are a USC whose marriage does not work the way you want, and you basically want to get back at your soon-2bx because of that IS CONSIDERED DOMESTIC VIOLENCE by law ( the legal term for that is threatening).
-2- The simple fact of using Immigration process as means of pressure to obtain ANYTHING from your spouse ( sex, silence, obedience, etc) and the fact of using USCIS process in order to blackmail your soon-2bx into asking for no alimony or into giving up custody of a child to your profit IS DOMESTIC VIOLENCE by law ( the legal term is "use of coercion and blackmail" )
So IF she mentions any of that on her ROC application, IF you have even just hinted this very threat on any text or email, she has ground to file for a restraining order AND to apply for ROC under extreme cruelty. (I bet proving hardship if she were to be deported to China will present NO difficulty).
Now before a whole cohort of ignorants of the law write whatever they think is the "truth" or whatever they have read from another (not less) ignorant tiers, the Battered Immigrant Women Protection Act of 2000 (8 USC 1101 note) specifically intend to provide protection against deportation to abused immigrants and their children in order to prevent them from " fearing that the abuser will retaliate by withdrawing or threatening withdrawal of access to an immigration benefit under the abuser’s control" (BTW I quote the actual LAW) should they have to file for anything ( restraining order, divorce, ROC, testimony against their USC spouse in a criminal case, etc)
So basically what you just wrote gives HER legal ground for VAWA/extreme cruelty application.
Now, I come from a country where the slightest social security card gives you full coverage of ANY of your medical/dental/vision/pharmacy expenses and retirement benefits so, let me tell you that we deal with crowds of immigrants ALSO. A bunch of people I know have married foreign citizens, thankfully I have NEVER EVER seen such a loathsome and widespread I-am-tired-of-my spouse-so-I-am-going-to-get-this-effing-bi***-deported behavior among my fellow nationals. And I am happy because this widespread behavior is beyond repugnant! Who the heck do you think you are? News flash: PEOPLE are NOT KLEENEX Tissues, you understand that?YOU made the decision of marrying her, SHE is NOT the ONLY responsible for the failure of this marriage, YOU BOTH ARE. So why do you think she should be the only one to pay for the mess you both created? Because of your pathetic anger and resentment, she should be thrown out like a dog? What else people? How about stoning her while we are at it?

You got what you wanted, the AOS is denied. Not sure why you want to do more.
She may have been in school when you met, did she drop out to get married to you? If so, then her status would expire in the mean time. Her overstay doesn't matter for AOS based on marriage to a USC, so she would have been approved if you had stayed in the marriage. She was in a period of authorized stay while the I-485 was pending, now that it is denied that has been taken away from her.
Her changing the cards to her other address was the correct thing to do from an immigration standpoint. That was her residence and she must inform USCIS of that. That was not a trick.
This all sounds very controlling, like you think you gifted her AOS. When she disobeyed you, you withdrew the AOS as punishment. Your marriage wasn't ending, but you wanted to withdraw the AOS. I don't think AOS is a gift that people should lord over their spouses. It is a responsibility to them, for your marriage. She was a student here and married you; if you wanted her to be in the marriage and not abroad, then you would have to file AOS.
It reads to me like a naive person who thought their husband would want to move to be with her family in the US.
There is nothing you need to do regarding immigration - it's over.

yeah yeah yeah, he was convicted, but he is innocent! You are entitled to your opinion my dear, but not your own facts!.I am not the one judging him. He was sentenced by a Judge,not by me. Oh... sorry your question is that you want to know how to stay in the US!,

Surprise surprise, women do too have rights in the US, and CAN divorce their husband/lord/master anytime they please.
Does your "friend" want to live in the US after the divorce, considering women with equal rights walk among men?

Incredible. Visajourney is becoming the theater of the absurd.

Why would he have rights that meant he could live with her even though she wants a divorce? Women have equal rights in the US, maybe your friend should have done some research about the US before he moved there!

Frivolous?
They had the option to avoid the issue and chose not to take it for whatever reason.

Your comment is ambiguous... You did not make sense at least

Couldn't agree more.
Another USC spouse victim.
I wonder if he would love her and marry her if she were 60 and he were in his 30s.

I'm sorry nobody responded to your last post. I wanted to say something, in fact I knew you would be just fine, but because I was neither interviewed for the AOS nor for the ROC applications I felt I was in no position to advise or share anything.
I was extremely paranoid while I was with my ex. Depression led to paranoia and then in its turn paranoia led to more depression. But after I'd left him things started to look up. Even though I didn't have much evidence and the marriage was short I was not worried at all about the green card thing. I was confident that I would be ok.
Congratulations on your unconditional permanent residence! And thank you for sharing with us.

Couldn't agree more.
Another USC spouse victim.
I wonder if he would love her and marry her if she were 60 and he were in his 30s.

Couldn't agree more.
Another USC spouse victim.
I wonder if he would love her and marry her if she were 60 and he were in his 30s.

My wife got a letter from the local confirming her approval. It really weird though, as its on plain paper and not the usual 797 form. I don't think we've ever received any letter from USCIS that was on just plain paper. We were worried until we opened and read it as it seemed so strange to have a plain paper letter from them.

Just to give hope to those who are divorced before the conditions are removed from their permanent residence, I was divorced from my USC husband after 15 months of marriage, yes, not even 1.5 year. During the marriage he shared with me his sexual organ and let me stay in his house. I was also allowed to use the kitchen utensils, to cook for him, and the washing machine, and the vacuum cleaner. Wait... He entrusted me with his livestock and the farm too. But my name was never on anything: property, lease, will, vehicles, or any financial accounts. No children either, thanks Lord!

The strongest evidence I could provide was the medical records, which showed him as my husband and emergency contact and my severe depression and broken bones and other injuries. And joint tax returns, of course, (until this year when we were divorced and I had moved out and filed my own tax returns he still fraudulently filed jointly using my name and SSN).

And as I could not afford an attorney, I prepared the ROC package myself and it took time. I submitted it three months after the divorce was granted and it was approved 2.5 months later, no REF, no interview.

So, my message to you is: Don't worry about removal of conditions if your marriage doesn't work out. And filing to remove conditions ways after the divorce is granted is fine too. Oh, by the way, don't waste money on attorneys.

Good luck.

I was on board until this.
What's wrong with you?

This is one of those head scratching threads (for me at least) Also makes me worried about the future course this planet as a whole is on when a Harvard graduate student is asking things like my wife is really sick should I call a lawyer?
So before this thread turns into everyone and their brother attempting to diagnosis his wife- its clear the wife is suffering from some kind of depression, perhaps more. We do not know her background or predisposition to mental illnesses. She needs to get some kind of help from a professional because it will only get worse. Since he stated its been going on for so long and she seems to care about nothing she could be getting suicidal so he needs to act now.
There was no mention of health ins or not, if they have ins they can use their ins co website to find a Dr. If they do, or even if they do they can use this website-
http://therapists.psychologytoday.com/rms/prof_search.php
Psychology Todays Find a Therapist - where you enter in your zip code and things like specialty type (depression, eating disorder, elder abuse) and Drs come up in your area. You can find one that works on a sliding scale if you have NO INS. Therapists and social workers (LCWs etc) are cheaper then psychiatrists and psychologists. Finding lots of Drs with the same address/phone number means they work in a group office which may work out best because you can call the office and the secretary can direct you the appropriate staffer for you needs both price wise and medically wise.
As for immigration which is why you opened this thread on this forum on not a mental health forum
Number one your ROC is not for a while. Number 2 a lot of people confuse the terms bonafide marriage with happy marriage. They are completely different things. REAL MARRIAGES HAVE UPS AND DOWNS. They are not 100% happy all the time. If they were they would not be real.
Your wife being depressed and you not having vacation pictures or happy Christmas pictures or posing on the beach this recent summer pictures because she was in bed does not mean your marriage isnt genuine. Because you are working a lot and living in a ####### place and not in the little house with the white picket fence and the 2.5 kids- its still a real marriage. Youre just not leave it to Beaver.
As for the not wanting to disappoint the officer who approved you or have their rating go down? What the ..heck??!! That is the most misguided placed concern Ive ever heard- or rather seen. Your wife- the woman you profess to love so deeply on here is drowning but no lets all focus on making sure the officer doesnt suffer a bad job performance review and invest our money into a lawyer.
Sorry, maybe that was a bit too much tough love. But pull it together. Theres no excuse for not eating well. Theres no excuse for 'manhandling' her. And theres no excuse for not getting both you and her some help because you both need it.
(As for your ROC- unless you are attempting to say right now- or if after counselling when ROC is due- your wife (due to mental issues) still does not care and refuses to sign the joint ROC application and you have had a bonafide relationship and its causing you as you say 'trauma' - then you have a legitimate immigration issue and there is a solution for it- but theres no point in spelling it all out now when that does not seem to be your problem)

You have two choices.
1. Continue to remain in the US illegally
2. Leave the US.