Elf

Okay- so you are right, if there is NO DIVORCE and you refuse to sign the forms she doesnt qualify (she doesnt meet VAWA, hardship etc)
However the part you are missing which several people have expressed (not directly) is the following:
Divorce can be initiated by EITHER party in the marriage. There is no such thing as one spouse stating I dont want it so its not going to happen. No one is required to be married to someone they dont wish to be. It doesnt matter if both parties agree to the divorce, once it is initiated (by either spouse) it is going to happen.
So if you do not initiate the divorce- what will happen is once your spouse realizes you wont be filing for removal jointly (signing the forms) she will be forced to initiate the divorce (if she wants to ROC). USCIS has procedures for situations like this. She will file for divorce and submit them proof the divorce is pending but not approved yet. Basically they will accept that proof and delay making a decision on her ROC until the divorce is final. She may end up going to Immigration court to ask for such an extension. Its complicated but there are provisions for it.
There is nothing you can do to stop her from initiating the divorce nor stop the divorce from happening. Period.
On a side note I believe in PA there is a mandatory 12 month separation period before a divorce can occur. Your choice is whether you want to initiate divorce proceedings NOW (because you know the marriage is over) OR wait for her. She will then decide to initiate them so she can ROC or she may decide she doesnt want to be an LPR anymore and still file for divorce but leave the country rather then applying. The decision to apply or leave is going to be up to her. There is nothing you can do to affect this beyond having conversations and stressing to her your desire to have her leave and the pros of a pro/con list of doing so.

To qualify for SB-1 visa the person has to prove:
-Had the status of a lawful permanent resident at the time of departure from the United States;
-Departed from the United States with the intention of returning and have not abandoned this intention; and
-Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.
(http://travel.state.gov/content/visas/en/immigrate/returning-residents.html)
Hypnos gave the right information, you failed to file for RoC then your LPR status automatically expired. You do NOT QUALIFY for SB-1 visa.

Applying for things does not affect your existing status, unless you violate the terms of your current status.

The specifics of your circumstances are likely important to what course of action is best for you. Find an experienced immigration attorney and pay a few dollars to get answers based on your facts.
Considering the process will take thousands of dollars isn't a couple of hundred for good advice/information worth it?

Welcome to VJ! Don't worry, there is nothing wrong with your post Providing help and information is exactly what we're here for.
Another member had posted a reply that was deleted by the moderators because it broke the TOS of the site.

There is a procedure mentioned in the VJ Terms of Service to request a review of a moderator's action(s):
REF: http://www.visajourney.com/content/terms
HTH.

I don't understand why you have to quit your job?

Is there no way you can't wait until you have vacation time to go there and get married? I don't know much about the marriage process in India, but I can't imagine that it takes so long for a ceremony and some papers that it would cause you to lose your job.

While I understand it's hard to line it all up, it doesn't mean it's not doable at all.

When people are saying to go marry him, they aren't saying to drop everything and take the first plane to India. They're saying, find out what you need to do to get married, see how long you need to be there, plan accordingly. You go to india, get married, come back, file papers, go back to your normal routine.

Quitting your job when you're the ONLY person working in the relationship to go to India for a marriage that al biet may not even work out because THE ONLY PROVIDER just quit her job. Is your fiance going to work? If he didn't work before, why would he work now? Are you going to be able to continue to provide living in India?

While some people get the most done when they're emotionally fired up, you're still kind of in the emotional extremist mode. You're taking things so far out from where they should be that I don't know if you're seeing that there are other ways than "quit your job and go to india".



No one can stop you and I really wish you the best, but I personally would not say to throw everything out and take off on a whim. Some people like the risky adventure though, but personally when it comes to this process and a long distant relationship, drastic measures are not always the best to take.

I think you need to cool off a bit before taking any further action and then write out a plan.

If for some reason my fiance and I get denied, then we are going to 1. Try to get him here to get married and then go back to Canada 2. I go to Canada and we get married. All of this planned out as any normal planning would happen. He would take off work for the day or two we get married, we marry, he goes back to work, I go back home/he goes back home. We apply for spousal.

The only days he should take off would be the wedding day and if we need to spend a day doing the lisense or something, but over all anything we do for "plan b" or "plan c" should not be some drastic hitch in our current lives since once we're married and file for spousal, we'll be right back where we were pre-marriage... just... married.

My husband is from Delhi. We sent in a school leaving certificate with the IV package. We still got a checklist. So, his mother and father got a notarized affidavit which we sent in around Oct. 10. Waiting now.

Gotta give him an A+ for creativity, even though he gets the standard 419-spammer D- for spelling and grammar.

Did you show the marriage certificate at POE and told them you're entering after 2nd yr anniversary? When you filed doesn't decide, it's the timing of POE that matters.
Yes, file I-90 (no fee), send the wrong GC back and make sure to include a copy of your marriage certificate highlighting the date you married and copy of the passport page with entry stamp on it to prove you entered after 2nd yr marriage anniversary.

Yours is not the "record", largest age gap I have read of for the Philippines is 47 years. They had no issues.
As others have said forget about the age gap and focus on your relationship - that is the BIG deal, showing a genuine relationship. All will be good with that!
Pop over to the Philippines forum for answers better related to the process at USEM in Manila http://www.visajourney.com/forums/forum/129-philippines/

You don't have to list your personal effects that you are bringing for your own use, like your clothes and toiletries. Anything other than your personal belongings, such as gifts, would need to be listed. You will need to check yes on #11 for the food you are bringing in.
~ Moved from K-1 Process to Working & Traveling During US Immigration - topic is travel ~

The CBP agents can deny entry to anyone, for good cause. However, they typically don't give arriving K-1/CR-1 beneficiaries much trouble, because they figure that there was recent heavy scrutiny by the consulates.
The above was what an immigration attorney told me when I had your same question, at the time.

The site has two forums for people going through AOS to become permanent residents. This is because, as DeKi explained, the procedure is slightly different depending on the visa with which you originally entered the US.
Adjustment of Status (Green Card) from Family-Based Visas is for people who entered the US on a K-1, K-2, K-3 or K-4 visa, i.e. as the fiancee or spouse of a US citizen, or the minor child of a fiancee or spouse.
Adjustment of Status From Work, Student or Tourist Visas is for people who entered the US on just about any other nonimmigrant visa,e.g F-1 student, J-1 exchange visitor, H1-B employee, B2 tourist.
You entered the US on a tourist visa, so even though you are adjusting on the basis of marriage to a US Citizen, you'll be following the process for people adjusting from a work, student or tourist visa. You posted in AOS from Family-Based Visas, so the moderator correctly moved your post to AOS from Work, Student and Tourist visas. If your post is in the correct forum, those who see it are more likely to have directly relevant experience and knowledge that they can share with you, so you will get more accurate and helpful responses.

To be eligible for naturalization after three years on the basis of marriage to a USC, the LPR must
Have been a permanent resident for at least 3 years and Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen throughout the entire period, during the 3 years immediately preceding the date of filing and up until examination on the application So, someone who got their green card through employment then later married a USC would not be eligible to file for naturalization on the third anniversary of their green card, but would have to wait until the earlier of the fifth anniversary of their green card or their third wedding anniversary.
In your case, your wife would have received the green card after marrying a USC, so she will be eligible to file 90 days before the third anniversary of her original GC. See the USCIS early filing calculator for an exact date.

The Department of State's guidelines list several possible forms of alternative evidence if no birth certificate is available for someone born in India (use the search box on the page at that link to find details for a specific country).
"Deponent" is the person writing the letter (e.g. your mother or father) and "applicant" is the person applying for the visa (i.e. you).
Don't worry too much about whether the lack of birth certificate will automatically leave a bad impression on the consular officer. The information I just quoted is copied straight from the manuals issued to consular officers, so please be reassured that they are aware that birth certificates aren't always available for people born in India, especially those born before 1970 when registration was voluntary.

It's 5 years minus 90 days from the "resident since" date on your green card, so yes you're eligible since you had your green card 2010. As for your DUI it's not a crime involving moral turpitude, so you'll be fine. However, you must send documents showing court disposition along with your application as well as a separate sheet explaining the circumstances of event and eventual discharges. If you can't send now you'll be required to have it on your interview, but I highly recommend you getting it sent now and also take a copy on your interview.

Your fiancée should wait and get her shots during her medical at St. Luke's. The shots are already included in the price of the medical
Typically, St. Luke's pokes them with MMR, TDAP, and maybe another one. I think they still give flu shots during flu season.

Hey Lour
Know that It's normal to feel that way ... Ok? The purest form of love we have/show doesn't differentiate or see age, color, ethnicity, social status etc etc...
Have faith and believe in your relationship. Remind yourself of the PLUS stuff not the MINUS stuff (him meeting you once...)...
Having him at the interview will give you the encouragement and support you will want and need and his presence may help your case with the CO.
All the best in your journey!

To be eligible for naturalization after three years on the basis of marriage to a USC, the LPR must
Have been a permanent resident for at least 3 years and Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen throughout the entire period, during the 3 years immediately preceding the date of filing and up until examination on the application So, someone who got their green card through employment then later married a USC would not be eligible to file for naturalization on the third anniversary of their green card, but would have to wait until the earlier of the fifth anniversary of their green card or their third wedding anniversary.
In your case, your wife would have received the green card after marrying a USC, so she will be eligible to file 90 days before the third anniversary of her original GC. See the USCIS early filing calculator for an exact date.

I hate to break this to you, but to the government, USC's are nothing more than people lucky enough to be born here, we're a step above LPR's and two steps above visa holders that can hang out here, and three step above illegal aliens. They're 20 steps above us.
They aren't focusing on you because they simply don't care about your situation or what you have to deal with. You aren't the first person to be confused as to why you were denied, and you aren't the first person to think they crossed lines. You won't be the last and you're probably in a pool of thousands if not a million+ good people over the course of the US allowing immigration. Allowing is key word as it is NOT our right to have our spouse or fiance come to live in the US, they are ALLOWED to.



I don't see why you have to quit your job to get married, take vacation or something. You shouldn't need to be gone for so long that you would have to quit your job, just for marriage.

Is there any reason why your fiance can't support himself in India? Do you provide ALL of his sole support? Is there a chance the Consulate felt that maybe he's scamming you?

Usually when you see female from America providing the sole support to someone in the middle eastish area or africa, that alone rings bells for A LOT of people, which could make your case even harder.



------ The below is in response to earlier posts before you posted more ----

Your fiances interview was August 4th, it's most likely gone by now in their logs as your NOA2 expiration date would have been in September since it was approved on May 5th 2015. Your fiance had his interview before then, so an extension wasn't needed since he was denied straight up and not in AP due to more information.

So they're telling you to send in a new petition, with all of the same requirements you had on your first one. This includes fee. They do this for ALL CASES that are sent back for bona fide K1.


There is no written explanation, the 221g refusal IS the explanation even if it doesn't "explain" anything. That's all anyone gets, nothing more, nothing less when it comes to refusals. It's up to the fiance that was at the interview to either tell you what he was told or figure it out himself.



I agree with Anh Map. Go, get married in India, have more face time if you don't want to get married in India and try K1 again. We're at their mercy, not the other way around.



It sucks, but I would refer to your first post thread on VJ, there are a lot of good answers there and... at the end of the day, it's better to just jump right back on the horse and go then beat it to death. The sooner you get restarted on this again which ever way you choose, K1 or marriage, the sooner ya'll will be together.

Hi,
You can not bring him to the US by adopting him. An adoption must be finalized by the child's 16th birthday in order to qualify for an immigration benefit through the adopting parent.
If you married his father before his 18th birthday, then you can petition for him as his stepparent. This will take about a year for a visa.
If you married his father after his 18th birthday, then you can not petition for him.
Dad as an LPR can file for him. This will take about two years for a visa.
Best of luck

In the UK it rhymes with "That". In the US, it unaccountably rhymes with "What", which makes it a much less satisfyingly spitty expletive.

Actually, New York is one of four states that soon your driver's license will not be accepted to fly domestically for this very reason, they don't necessarily check legal status before issuing.
This is changing in New York so she might have an issue in the future without gaining LPR status.
http://onemileatatime.boardingarea.com/2015/09/14/these-drivers-licenses-soon-wont-be-valid-airport-id/

What TBoneTX mean in a very confusing way was that the person applying for Green Card has to be the one who calls, meaning you, if you were the one coming over on the K1 and applying for AOS not the USC. You can give your spouse permission to talk to USCIS if you are more comfortable with that but you still have to talk to the USCIS people stating your case number, full name, date of birth and address (at least that's what they asked me for) and then you just say that you give your spouse permission to discuss the case.