JianWa

Any other ideas of delaying her? Since I believe of sending her back to China is not possible(I wish it was possibe).

YOu can request that the I-864 be withdrawn, but in order for that request to stand a chance of being accomodated you'd be required to provide proof that your wife's intent upon entering the marriage was for immigration benefit alone. "Feeling" as if you've been swindled, and actually having been deceived are two distinct matters. Now if you can demonstrate, through presentation of compelling evidence that you were deceived into marrying then, yes, USCIS, if satisfied with the documentation you offer could do one of two things. Either rescind the conditional green card (this is unlikely, unless there were clear written evidence of some scheme to defraud the government of a green card, and you as well) or they would examine the matter more thoroughly, and quite possibly, based on the body of evidence there is, pay close attention to her case file come I-751 time. If USCIS were to believe that fraud had been commited, actions to rescind the approval would commence. She'd have a chance to rebut that before the immigration judge. If that does not occur, when she files a waiver of form I-751, after a divorce has been finalised, there is a good chance she would be interviewed and would have to overcome any suspicion USCIS had at that time. If denied, your I-864 would no longer be required.

What are possible things that can be done? I feel I've been swindled. She stays with me till she gets everything and I'm stuck with a bill.

Also why can I not withdraw I-864 support or things? Eventually I think I will lose in the end. But for the moment, I would like to make things difficult for her to get her permanent status(out of anger and frustration).

Isn't the conditional GC valid based on marriage? If we are divorced, she does not meet the condition right and have to go back??!!?!? Unless she hires a lawyer to go back.

Please advise...

thanks...

If she already has her condtional green card exactly what petition are you withdrawing? She's here legally now, and even if you get divorced, can still apply to remove condtions for a full Green Card. If your wife wishes to remain in the USA after your divorce, there's not much you can do to stop her.

Hi all,

I'm saddened that things are not working for us. So I wi to withdraw my petition for my soon to be Ex-Wife. I am not sure what I should do. So I need your advice.

Current status: She has her temporary GC. We have been married for almost a year. She got GC about a few weeks ago and our problem has been happening for for a couple of months and we can't solve our differences.

So I would like to divorce and also withdraw my petition for her. How do I go about it? Can I send in my withdraw petition before the divorce is finalized? We have not turned in the divorce papers yet, but we will soon. We will try annulment first.

Also which office do I send it to? I'm in California.

Thanks for any help and I hope this forum subsection is the correct one to post to.

You guys are probably correct about the length of stay. Its great that I've asked questions here. Also it sure was a suprise to me that she was granted a B2 visa since she is a Chinese national.

What zyggy stated does make some sense... For the K1 process, there do ask if she has been in the US before, and I'll say she will be in the US instead of "HAS BEEN"

Darn... One step at a time for me... I will still attempt to see if I can get the B2 to stretch to 6 months atleast. Then 6 months apart since K1 takes one year to finish. Right?

As zyggy stated, it's rare that a visitor will be allowed in for a six-month stretch; a six-month ticket is practically a "red-flag" for the inspecting officious.

However, it IS possible to enter on 90-day B2 and then extend it to 180 once in US (so long as you don't mind forking over almost US$200 to USCIS).

Right...since she the K1 processing will take longer than expected if sent in mid May. I believe she has to already leave UK for China. So to stop any delays, I would to send the K1 to Guangzhou instead of London.

Of course she can get herself to stay in London if she pay a hefty school fee....but why would anyone do that?

http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

London, if possible, must be a better bet than China.

But: http://www.usembassy.org.uk/cons_new/visa/niv/b2.html

Non Residents of the United Kingdom

Although we accept applications from anyone physically present in the United Kingdom, it is often difficult for applicants who are not permanent residents in the United Kingdom to demonstrate that they have sufficiently strong ties to a third country, as consular officers in London or Belfast have no way of verifying or evaluating information from other countries.

If you are a temporary resident of the United Kingdom, or are planning on traveling to the United Kingdom specifically to apply for a visa, you may wish to consider applying for a visa in your country of permanent residence where you will be best able to establish your qualifications for a visa.

If average K1 visa takes 9 months to process and interview, then it would be great if she can stay in the US for 9 months. Go back to China for 1 month waiting for the interview date. Then the next month back to USA.

Hmm, I'm not sure what you're asking there, but with K1 I don't believe you're able to stay while it's being processed. She'll be able to come over once it's been approved and you will have to marry within 90 days of her arriving.

Uhmm...its somewhat of an comment and plan. Why can't a person stay while K1 is being processed? We will be following the rules for B2 and I don't believe there is a rule that states that while K1 is being processed, you can not enter. From my last post, I know I can't marry my fiancee on a B2 visa.

Sufficient fund is no problem. We just want to resolve the time apart issue. We want to be apart for the shortest amount of time as possible.

In terms of return ticket for her, I wonder if its ok to have the return ticket go to China instead of back to UK since she don't wish to go back to UK. I think, based on your opinion, its best to send the K1 fiancee packet to Guangzhou instead of London.

Anyone else wonder if its a good idea? If average K1 visa takes 9 months to process and interview, then it would be great if she can stay in the US for 9 months. Go back to China for 1 month waiting for the interview date. Then the next month back to USA.

Am I too optomistic? She can only stay in UK till end of October I believe.

Hi All,

Does anyone know the max amount of stay for a person with B2 tourist visa is and can they apply for extension? If so, how and how long?

Also which embassy should I state my fiancee should go to? The London consular office or Guangzhou?

My fiancee's visa stay in UK is till October and I intend to send the K1 form sometime in Mid May.

Even though we hate the time apart, we think its a good idea to stay as long as we legally can on a B2 visa. Then she'll go back to _________________ to wait for the interview letter.

So anyone got some info?

Thanks!

Thanks Kezzie and Zyggy.

I already have thoughts and read its a bad idea but still want to see people who has gone through the troubles via tourist visa. Still I wanted to explore options to see if there are other methods or not.

Currently my mind is 99% sure... (before about 90%) that it is a bad idea. I just want to hear other people's experience.

Kezzie, even if you did not intent, when I look at your K3 process, all the paperwork still takes a long time. Makes K1 the best option.

I had thoughts of going to London to get married but they have a stupid law that says you have to be in UK for 7 consecutive days and then another 15 days before you can marry. I sure can't stay in Uk for that long since I used up all my vacation time seeing her.

On the plus side with her being approved for tourist visa, we have more evidence to show to USCIS.

Well, I know the thoughts of going through Tourist visa and then marriage will be in our mind. To actually do it is not sure. Before I asked, the some people posted negative comments of doing it because of FRAUD issues. That is worrisome and not sure if its worth the risk of complictions. Then again, we might do it at the "spur of the moment" even if we come to a conclusion of not doing at first.

Any thoughts?

Has anyone tried it before on a tourist visa? I have been wondering about the same thing. My situation is a bit different then the creator of this subject.

This morning, my fiancee woke me up around 4am in the morning saying she got her tourist visa(which I thought she would not get it since she is a Chinese citizen going to school in London).

So I'm exploring if it's a good idea to maybe marry her once she arrives in California or not. I've read the application for spouse coming to US where there is a paragraph that states that if she is already in the US, you can apply for XYZ form for her to stay in the US while they are processing it.

So anyone tried it before and share their experience. I really wish to have her come here as soon as possible. Currently I'm slowly filling out the Fiancee visa forms and send them to USCIS sometime next month.

**Apologies if some think I should create a different subject. I thought of posting it here since its a bit releated**