NewBeginnings1

I don't know your faith or what you refer to to ground yourself. However, the advice I can give is to take your time and get to know this woman. Spend time with her family as they will become yours. Really focus and self-check yourself and not just reassure yourself based on words. She may love you and be excited about building a life in America. However, many Jamaican only know what they see on TV or what they have been told about America. Once they get here, they quickly see how they lived in paradise and Americans work harder, play less, and have many expenses.

I'm not saying there aren't true love stories, but I can say there are lots of deceivers out there. You meet, get hypnotized by the charm and what seems humble and sincere demeanor, and then after all is done you realized it was  just a veil. What is meant to be will be and you must be patient. Sometimes what is perceived as a roadblock could be a devine intervention.

While you wait, continue to build your future. A congressional inquiry only helps if your congress person is for immigration. It is expensive migrating someone and also time consuming. This country is huge in comparison and completely different than Jamaican culture. Remember many Jamaican's never have left the island that is about is big as Connecticut and Rhode Island combined. Jamaica is not America and the immigration process is not the greatest challenge about marrying someone who is from abroad. Marriage is serious and we as Americans tend not jump in and jump out of marriage. K1s need to be reformed to allot more time so couples can have more time to discern and get to know each other as well as adjust to a new life. 

Subscribe to the "Adjustment of Status" or "Removal of Conditions" forums to gauge the challenges further along the process. Many will arrive to this country, realize it isn't a dream land they perceived it to be, and accept they have to work just as hard as they did back home to survive. You will see some posts where the financial arguments start, then the cheating, then the violence. I've been seeing these types of post for the past four years.

Just be still, seek your peace, and trust that if she and you are meant to be things will fall into place.

Good luck!

You will be okay to divorce and still remove conditions. You should look at the "Removal of Conditions" forum and read the many threads on this topic. It will be a lengthier and costlier process. Have you even looked at the forms or read the instructions?  If not, start there and if you don't know seek help from an attorney or local legal aid.

god bless your heart for trying to stick it out in your marriage and turning to seek advice. these are all struggles with blended families and I don't think there is a clear way to get through it other than having faith and doing the work. It will be up to your spouse to do the same. But if you model what it is you need you will know that you have done all you can and have faith your conduct will win over your spouse. There doesn't seem to be any unity. Yes that is his child, but that child does not rule over the roost. Counseling, both psychological or religious would be helpful

That's a super good idea I hadn't thought about. There'd be nothing preventing her and I from filing our own K1 / CR1 once her divorce is finalized even if AOS is denied, correct? Worse case, it's just an extra 5-7 months in the Philippines for her, but at least she's safe, and can return.

Yes she can leave, but she would have to request to withdraw AOS I believe. She could should call immigration and as what the process is if the beneficiary wants to withdraw and file for divorce.

Since she's already gong through it once (K1) she would probably have a delay in the processing. Things to consider.

I have a complex problem. A good friend of mine - Filipino - that I've known for a little over 2 years recently married a US Citizen in May on a K1 visa. Her AOS was filed end of July. After marriage, her spouse changed dramatically - refusing to file work petition so she can get a job, physical abuse, emotional control and abuse, the works. In essence, he wanted a slave and not a wife. 2 months ago, during one of their fights, she said she wanted a divorce. He nearly killed her in a fit of rage. She does not want to do VAWA because she doesn't want him to lose custody of kids (even though IMO he should) and she has no police reports, only the pictures of her wounds she's taken/sent me. She does want to stay here in the worst way. She does not have her conditional green card yet. He has consistently threatened to withdraw the affidavit of support. I told her to leave anyway and it's not worth dying over, but she's trying to stick it out.

My question:

1) hypothetically speaking, if she divorces him, and he withdraws the 864, could she in theory marry me, and I file the 864 as a substitute as her new husband? I haven't even proposed this yet, but we have grown very close in light of recent events, so it's possible. I'm talking legitimate marriage offer, not to get around immigration.

No, the original K1 petitioner and beneficiary are the only ones USCIS will review. She can not remarry with her visa class. If he is as abusive as he is why doesn't she just call the police and file the VAWA? Are the kids her and his?

2) I know her chances are much better if she has the conditional GC since all she'll have to do is prove bona fide marriage when she goes to file the 754 for removal of conditions, but what are our chances and options _right now_ for keeping her here?

If she truly is in an abusive relationship, then she needs to take action. Immigrants have protections against domestic violence - hence VAWA. If she's not having an adulterous affair to gain immigration benefits then she would benefit from those protections. The 754 requires both original petitioner for K1(I-129F form) and beneficiary (immigrant). The immigrant is the applicant, but the original petitioner attest the marriage is bonefide and then the application has to include evidence. (mortage/lease agreement, combined assests, combined liabilities, etc..). If the relationship dissolves before the end of the conditional period, the immigrant must provide evidence with their I-751. I believe if after the conditional GC is issued, and the immigrant divorces based on this domestic situation, the immigrant can then file I-754 without having to wait out the two years.

Either way, she needs an attorney and should go to the nearest immigrant services center in her state.

Given it's been 3 months already since AOS was filed, it seems like sticking it out for (hopefully) only month or two longer until the conditional GC comes in is the best option, I'm just terrified he's going to severely harm her before then, so I'm wondering if there's any hope at all I could give her.

I have considered an anonymous call to the police, but I'm the only one she's told about this, and begged me not to. She'd know it was me and it'd make things worse.

Thanks for the advice in advance.

In a perfect world, I would. However, as she is not my daughter, my company will not cover her under my plan once we are divorced. She took the step-father in me out of the equation when she left me. Is there a loophole for me to provide coverage for her?

you can buy her an individual policy if your state participates offers a health insurance exchange. start with healthcare.gov to find out if your state participates.

you definitely are going to have to seek legal advice/counsel. This definitely complicates things. I do know US and Canada have an agreement to enforce child support.

Good luck. It definitely sucks when circumstances force us to make such difficult situations. Are there any legal aid resources where you live? You could also contact the local YMCA and see if anyone there can help point you to community resources. If he is using finances to control you that is in essence a form of domestic violence.

I am in a similar situation with my spouse. I am interested to see the responses. Dealing with mental ill complicates everything.

Your post is confusing with the "prior to meeting spouse" thing. You can ask your mother to write a notarized affidavit stating you both lived with her. How about driver licenses or State ID cards showing same address?

Here's what I have to send in.

*** copy of auto loan verification letter - both names on it. Loan taken about month after AOS

*** joint tax returns since married through now (3 years)

*** copies of bank statements

*** copies of health insurance coverage verification - 3 years-1099 HC forms issued by our state

*** copy of Employer Tax Identification number issued in my husband's name with our address

*** Birth Certificates for our two kids

*** copies of two years of auto policies - both names and our address

*** copy of renter insurance policy - both names and our address

*** copy of driver license - husband's has our address

*** copy of green card

*** letter from employer attesting spouse is beneficiary to my life and 401K

I do also have a copy of a driving record he requested this past summer. Its issued by our state DMV and has our address on it.

I know some pieces relate more to establishing the financial risk, but will this renters policy and copy of drivers license along with all financials issued with same address be enough.

You can supplement whatever, it is about the sum total of what you present. Try and find other things with a shared address - id cards, mail, bills, etc. as well.

I am the sole owner of our house and it was not an issue in getting ROC approved. I just mentioned it in the cover letter.[/quote

So I have a copy of an EIN tax Id he filled

Out when he wanted to operate as an independent courier. I have the W2 for that job too with our address. All the utilities were in my name. I had them prior to him getting here. I also have his health insurance forms 1099, showing we are in the same health policy and address and coverage since we got married.

Do I include a narrative in the cover letter?

What immigration phase are you in? Adjustment of status (I-485) or Removal of Conditions (I-751)? USCIS does not require documentation prior to meeting your spouse for the I-751. You only submit documentation from the time you got married.

We are in removal of conditions.

hi,

prior to meeting my spouse, I rented from my mother. no formal lease/rental agreement. Can you use a copy of a renter's insurance policy showing both myself and spouse in lieu a rental agreement? It list our names and the address.

Admin, I think it would be nice to have the site track when people file for ROC and when they get their biometrics and if required interview date. This will help gauge the process after the initial visa entry.

I agree with the above comment. Reschedule and give it more time. In the meantime, spend time looking at other forums, like major changes to family and the AOS and removal of conditions. It will give you a fel for the actual success rate. Remember it takes 2-3 years to really get to know someone. You wouldn't want to get all the way here only to find out it did work out.

I think he's taking a VERY reasonable approach. You have nothing but time.

Affidavits are weak evidence and you have quite a bit so you should be alright.

Do you have utility bills or joint credit cards?

No. But I read on the pinned discussion these aren't necessary. Question though, why on the instructions posted on USCIS asks for affidavits.

I know, I know there is ton of reference information but some it contradicts so I want to get insight from recent filers. Here's a list of what I have so far

* copy of passport and photos

* tax transcripts showing joint return since marrying

* copy of joint bank account

* copy of loan verification letter for auto loan, show's loan in both names

* health insurance verification letter and copy of card showing same health insurance

* copy of driver's license showing address - apartment was prior to my husband moving in and there is not a formal rental agreement

* letter from employer attesting husband is beneficiary to life policy

* children's birth certificates

* copy of car insurance policy (2 yrs) and Renter's insurance - recent as of 12/2015.

Now, as for the affidavits, should I be submitting these as well? Is what I have enough to substantiate bonafide.

Are you authorized to be your husband's power of attorney?

no because he doesn't have a medical history. he was just diagnosed.

My husband is experiencing psychiatric issues. Last week I had him admitted into a psychiatric hospital for an evaluation. He refused to take medications (as the disease does not allow him to have personal insight), and now says he does not need to sign anything to remove his conditions.

He is was diagnosed bipolar with manic espisodes and psychosis features. His green card expires in April. Because he is not aggressive the laws in my state can not forcibly medicate him.

Is the petitioner's signature absolutely required? Could I sign as the preparer on his behalf?

Also, could I submit a fee waiver (I-912) on his behalf. We have filed taxes since married. He has not had any employment since June of 2015. For the fee waiver, would I include just his bills or do I include the both of ours. I make good money, but financially I am in a runt and cannot afford to pay the I-751 fee.

Hi,

Just a quick question. My husband has a child who was not identified on his I-451. The child was born about a month before we filed his AOS. He adjusted from a K1. We have had two children born about 10 months after he arrived.

I have added our kids, but should I add his illegitimate child to the I-751? The child lives in Canada and my husband has gone to see her. So CBP will have his entries and exits documented and he has said he would tell them he went to see this child.

Also, should I add all the dependents in our household (I have two other kids from a previous relationship) or just his dependents?

No judgments just advice.

There is a process; re-entry permit?.... http://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents. There are certain circumstances when done correctly, you wouldn't have to start from the beginning and spend all that money.

Yes you still can adjust status,please see the matter of CHOIN v. MUKASEY(9th Circuit of Appeal).

I read it at this link : http://www.ilw.com/articles/2008,1014-berd.shtm. Now I question if anyone gets approved for removal of conditions if divorced within the two years. The way this reads, it makes it seem like UCIS will auto deny anyone who isn't still in a bone fide marriage at the time of removing conditions.

yes very true. Don't marry someone you meet on vacation. remember these people spend their lives observing American culture. They take advantage of a situation. There are far and few here who actually make it. TLC has 90 day visa, they should do a post show Removing Conditions and see how many made it past the two years. Many of these people come with an agenda and use emotional warfare to you over.

A conditional Legal Permanent Resident (LPR) does not need to get AP. A conditional LPR has a 2-year conditional Green Card (I-551).

Good luck on your immigration journey.

thank you. My question is more with regard to how long a conditional LPR has to remain in US after being out of the country?

Through out the year this conditional LPR has been out of the country close to a total of six months. Now they have returned. How long does this person have to remain in US before departing again?

How long can an LPR who returns to the US remain in the US before traveling out of the country again? I know a conditional LPR can not be out longer than six months. However, if the LPR returns within the six months how long does he/she have to remain in the US before they can travel out for a length of time. Assuming there is no time to get AP?

Yes. When was the visa first obtained?

the visa was first obtained this year.

Visa type R Visa Class H2B expired on 9/23/2015. Can someone who entered the US under this type and class, get married and AOS and remain in US?