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billyboy601

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Posts posted by billyboy601

  1. I've just been rereading the I-864 that was submitted with the AOS petition.

    I can't withdraw the AOS petition, since that was submitted by her (with my help of course, doh!).

    However the I-864 was submitted by me; can I withdraw this? I've already mailed USCIS in Chicago a letter stating that an anulment petition of the marriage for fraud has been filed and I'm wondering if I should follow-up stating that I am formerly withdrawing my I-864 affidavit that is supporting the I-485.

    Also, should I just be up front with my wife and offer up a one-way ticket home?

    Thank you everyone for the advice; thank you for keeping me honest (you know who you are) and I know in time this too shall pass.

    Cheers

    Billy

  2. Sure there are two sides.

    Apologies if my crying out is viewed suspiciously.

    To think of everything I did to win my wife's heart, thinking that I've abused her is tough to hear.

    I provided over $10,000 in support to her living in Nairobi while we were separated; I spent another $9,000 building a house for her family (which thank God was actually built).

    I opened my heart, my home and my country to this woman.

    And she knowingly came here with no intention of ever loving me and intentionally put a flame thrower to my life and everything in it.

    She said herself the last night we were together, she didn't love me, couldn't force herself to love me and had no feelings for me.

    She willfully withheld love from me as a wife; that is grounds for an anullment, which I am pursuing.

    Her side of the story was to get here to the USA, at all costs; she accomplished that goal and I was toast the whole time.

    I've been an honest, upstanding guy in this episode of life. If some don't believe me, that is their choice. I know in my heart who I am and the things I've done. I'm not perfect, yet I have been victimized in this case.

    Yet I also take responsibility for it, as I too chose along the way. Now I must choose to do evertyhing I can to get out of this mess. I meet with an immigration attorney today and will most likely also see my family law attorney. I will find out my options and excercise the ones best suited for my protection.

    I don't need to convince any of you about my side; I'm here to share openly what I've been going through.

  3. Thank you everyone for the information.

    Since I'm paying the bills (i.e. everything on the home), there was not much concern there regarding the loss of home.

    My issue is that now she is on the east coast, 3,000 miles from me. I was supposed to have her served the day before she left and that didn't happen. Now I can't even get a forwarding address from her.

    This is becoming a serious nightmare.

    I go to an immigration lawyer tomorrow; tonight I find my AOS packet is missing. This is while I'm on the phone with my "wife". I ask if she took it; she says no, then finally cops to taking a copy of what she felt was hers (which happens to be the only copy).

    Totally agree by the way; just never thought she'd just take it. I ask for a copy to be sent back and she says she'll try.

    Oy!!!!

    What wasn't technically hers was the I-864 with copies of my tax returns, which she happened to scoop up.

    Her NOA and something else has arrived in the mail from USCIS; I haven't opened it since it is addressed to her.

    I just want it over with, yet it won't just go away. Unwinding this will be difficult from here on out.

    FUBAR to the maximum.

    I know there are many happy people here having great lives together; I'm a balancing factor and it really sucks.

    Keeping my chin up.

    Cheers

    Billy

  4. My house was solely in my name, and my ex hubby still had to sign a quitclaim deed to say he would not go after his 'share' of the house (something like $1500 for the short time we were married). It was marital property because we had both lived there. It didn't matter whose name was on the mortgage as far as that went.

    If she offered to go, I'd for damn sure let her. I'm not sure how you staying in YOUR house would prove rape or abuse.

    When I spoke with my lawyer about the offer for her to go, my lawyer took a nanosecond to respond, "Let her go!"

    So off to the east coast for her and I don't have to move out (she is in an airport hotel last evening).

    I left two messages at two different places with no call backs.

    Anyone knowing a good immigration lawyer in the Bay Area, please let me know (I'm searching Martindale.com currently).

    Regarding the various charges I mentioned, I'm not sure this woman was capable of that; yet, these things do happen.

    Both the intial consultation I had with a non-specialist lawyer and the eventual lawyer specialzing in family law that is representing me stated flat out after hearing my story, "This isn't right; get out of it now; the longer you wait, the harder and more complicated it will become"

    In addition to that, both of them stated that due to the nature of things, it is wrought for both of us to even think about staying together one more day than necessary.

    We both thought she would stay local and were thinking of how to work this; it was much smarter for me to live outside the home as I would be able to find lower cost housing (i.e. couch crashing instead of motel crashing). My lawyer was confident that there was no way she could touch the property.

    Who do you think is paying the mortgage, her? Na-ah.

    Somehow (and a little impressed), she whipped up a place to stay, far, far away in less than 12 hours. Welcome to America baby.

    :huh:

    I'm thankful I didn't take the next step and actually give control of any money to this woman.

    :dance:

  5. Thank you folks!

    I did ask my lawyer (two different ones in fact).

    They both stated I should move out, to avoid the "He abused me" or "He raped me" charges that could be brought forth.

    My wife has offered to live elsewhere and I'm checking into that with my hired attorney.

    I purchased the home prior to our marriage; technically it isn't community property and everything is in my name. I'm not too concerned about it, though I agree it is strange to move out.

    As for sending her home, I can't force her to go. That might be construed as a threat, which could reflect badly on me and favor her.

    I have offered it, along with the fact I'd need to get a notarized letter stating I'm not forcing her to go home, she's not forcing me to buy her a ticket home and that I have no obligation to bring her back, etc., etc.

    I'm more interested to know what the extent of my obligations of support are (I already expect room and board to be a staple, just wondering if cell phone, hair appointments, etc. are also required of me) and what my duty to USCIS is in reporting anything (i.e. am I required to contact them regarding my filing today).

    Thanks!

  6. Read Lurker's post as he has many valid points.

    I was married in April and my wife arrived almost three weeks ago.

    It was apparent within the first five minutes of her being here that we were very far apart in every way imaginable.

    We filed the AOS on Friday 01, 2006 (I know, I know, probably shouldn't have).

    To make a very long story short, she came out this week and stated she didn't love me, can't force herself to love me and has no feelings for me.

    Per advice, I went to a lawyer yesterday.

    Today I filed for divorce.

    We haven't had any sex since her arrival in the states; the last intimate encounter was back in May of 2006 just after we were married (and in her country).

    The divorce is actually an anullment based on fraud. Her intentionally witholding intimate encounters (i.e. sex) from me is the basis of law we're pursuing, based on information discovered after the marriage. I'm hoping for a slam dunk here in regards to making this go away, yet nothing is ever guaranteed in this life (and it aint going to be cheap either, f***ing lawyers!! :devil:).

    She will be served tonight, while I'm there along with her cousin (her cousin is already a legal resident).

    I will be packing up some things, moving out of my home and going forward. Each time I go to my home it will have to be when she is not there, or with a witness at my side.

    Again, read Lurker's post folks. There were many red flags for me along the way, with friends giving me straight advice, and I chose to go ahead anyway.

    I have a call into an immigration lawyer about several things:

    * Extent of my obligations to support her through this process

    * What my duty is in reporting this to immigration

    If anyone has cared to read through my drivel (and thank you by the way!!!), I'd appreciate any insight on the two bullet points above.

    Be diligent, rely on your instincts and have your eyes/ears wide, wide open folks.

    Kindest regards

  7. Our case has been moving very quickly through the process; it now resides at the embassy in Nairobi.

    I called last week to make an address change and casually asked if my wife could come and pick it up. No problem, just arrive at the embassy at 8:00 AM. Well my wife didn't get there until later in the morning, yet was still able to queue and eventually got packet #3.

    While on the phone, I also asked what the scheduling was like and was informed there was no back log and that once my wife had gathered all of the information on the check list, to call the embassy and have an interview scheduled.

    My wife was also given the same instructions when picking up packet #3.

    I've read many other postings where packet #3 is mailed back and an interview date provided some time after receipt.

    In Nairobi it appears that once the checklisted information is gathered and medical exam completed, just call up the embassy and make an appointment (I've heard from others going through Nairobi that they usually schedule the interview within the week of the call).

    I was just curious if each embassy/consular office can adjust their processes to fit their needs.

    Don't get me wrong, I'm happy to gather the information and call for an appointment; I was just wondering why other embassies seem to have an intricate system of setting interviews and some apparently just schedule on the fly.

  8. Goodonya Aussie Wench!

    :thumbs:

    I just spent $10 getting it notarized and the gentleman said, "You better check intend if you want this approved"

    I began a debate with him based on everything I've read, which was news to him.

    Of course now I had doubt, came to the boards, and once again got an answer that made me feel good about what I had originally chosen to do.

    B)

  9. For K-3 applicants I've read on the boards here that the appropriate response is to leave the boxes unchecked and specify in the text area:

    N/A (K-3 visa process for permanent residence)

    Question 11 is intended more for vistors than for permanent residence. I'd like clarification from anyone willing to provide it as I'm getting ready to cast off the I-134, along with bank statements, tax returns, stock holdings, company letter, etc.

    Can anyone provide a definitive answer on this in regards to a K-3 applicant?

    Thank you!

  10. I believe you can call the IRS and have them mail you a record of the last three filings.

    Not sure how detailed those records are, yet I've heard they're acceptable.

    Others may be able to provide more details.

    I'm going through the same process, though was lucky to be divorced six years ago (i.e. I have the last three).

    Best of luck!

  11. We're working with the Nairobi embassy and I just got off the phone with them.

    After providing the proper PO box to the consular official, I asked if the packet could be picked up in person by my wife.

    The only stipulation is that she be there at 8:00 AM in the morning. So she is going for it tomorrow.

    I'm nearly complete with the I-134 and all other supporting documentation.

    I asked what the scheduling was like and the person said there was no back log and that once the checklist and documentation were completed/ready, she could call back for an interview date. In speaking with others going through Nairobi, they usually schedule within the week of calling for an appointment.

    I don't want to get our hopes up and there always could be something unforeseen, yet with this information is it unreasonable to see this K-3 process wrapping up for us within a few weeks?

    I'd love to get her home before October so that we can start our lives (it will be five months since we were married, and almost that long since we were last together).

    Thank you VJ community for all of your support. One more almost done!!!

    :dance::dance::dance:

  12. Thank you Neya!

    I forgot about that quirk with holidays.

    Good news, I was able to track someone down (only took six phone calls to actually talk with someone) and give them the address change, as I had provided the physical address instead of a mailing address on the petition (not too many folks get mail at home in Kenya).

    While I had the person on the line, I asked about having my wife pick up the packet herself. No problem, just be at the embassy at 8:00 AM in the morning and the packet can be picked up.

    Wahoo!!! :dance:

    So we hope to have it picked up tomorrow.

    I'm nearly done with all of the documentation that needs to be sent in support of the petition (I-134, pictures, bank letter, employee letter, tax returns, paystubs, etc.).

    I'm hopeful we can complete everything by next week.

    The person also told me once everything is complete, call back for an interview date; there is currently no backlog, so we could be done with this within a couple of weeks if all goes smoothly.

    Wahoo again!!! :dance::dance::dance:

    I'm very thankful to this site and everyone that contributes. One more VJ'er is nearly done!

    Cheers

    Billyboy

  13. We received NOA2 on the I-129F/K-3 petition 18-AUG-2006; we found out that the case was shipped out to the Nairobi embassy 29-AUG-2006.

    :dance:

    Now we're gatheing information to complete packet 3 in preparation for the eventual interview.

    In looking at the I-134 affidavit, I have some questions and would like to pose them to the board (I don't intend for them to be stupid, I just want to solidify the responses).

    Item #3, "This this affidavit is executed on behalf of the following person:"

    Do I put my name or my wife's name? Because right after this information in the same area (i.e. item #3) it states, "Name of spuose and children accompanying or following to join person:"; from that "join person" reference it makes me think my wife's name and information should go with the first bit of information asked for in item #3.

    Item #7, (towards the end) "I own real estate valued at"

    What if I own multiple properties? There only looks to be room to enter one, yet I would like to enter a vacation home I own also. Is this even necessary (I make six figures, have savings, own the condo I live in)?

    Item #8, "That the following persons are dependent upon me for support: (Place an "x" in the appropriate column to indicate whether the person named is wholly or partially dependent upon you for support.)"

    Well right now she is "wholly" dependent upon me for support and will be when she gets here; this is no problem mind you, I just want to make sure her name should be populated in the table for item #8.

    Item #10, "That I have submitted visa petition(s) to the Bureau of Citizenship and Immigration Services (CIS) on behalf of the following person(s). If none, state none."

    Is this a trick question; I put my wife's name again, right? As for Date submitted, do I put the receipt date of the I-129F? Or the day I mailed it?

    Item #11, "That either I intend or do not intend (this is a check box) to make a specific contributions to the support of the person(s) named in item #3. (If you check "intend," indicate the exact nature and duration of the contributions. For example, if you inten to furnish room and board, state for how long and, if money, state the amount in USD and staate whether it is to be given in a lum sum, weekly or monthlyu, or for how long.)

    Here is my answer to this statement, please let me know if it is way off base.

    I intend to support my wife abroad until a visa is granted, this is at a cost of $800 a month.

    Along with the affidavit, I'm planning to provide the letter from my company as to the status of my employment, three years tax returns, bank account information, 401K account information, Peronsal brokerage account information.

    It states in area II of the instructions the following:

    "A. Statement from an officer of the bank or other financial institution where you have deposits, giving the following details regarding your account:

    1. Date the account opened;

    2. Total amount deposited for the past year;

    3. Present balance"

    I have direct deposit where I work; i.e. every paycheck goes straight to the account electronically. Do they really need a letter? I'm willing to get one, just curious if this is an absolute or if statement information is enough.

    Thank you in advance to the VJ community!

  14. I learned this past week that our case was forwarded to the embassy in Nairobi. I haven't scanned enough of this forum to know if there are others in the process that are dealing with the Nairobi embassy.

    I myself was at the embassy in April/May of this year; they weren't too helpful to me or my wife at that time.

    However, the process here has gone quickly; it took less than 60 days for the K-3 petition to be approved and forwarded to the embassy.

    I will be calling them Sunday night PDT (Monday morning EAT) in regards to an address change. Anyone know if you can specify pick-up? While I'm spending the dime on the call, I hope to get some scheduling information to see when the interview date might be.

    Any information about timelines for the Nairobi embassy is greatly appreciated!

    Cheers

    Billyboy

  15. Congratulations, this is good news.

    I received my NOA2 on 18-AUG-2006; I called the NVC on 24-AUG-2006 because an address change needed to be made.

    Got through to somebody in less than five minutes (impressive) and after confirming I had received the NOA2 informed me to call back in several weeks once the case was in the system.

    Well, I rolled the dice and called today, 31-AUG-2006; again I got through quickly, this time in two minutes. To my surprise after confirming some personal information, the service representative gave me our case number and then informed me that the case had already been sent to the embassy in Nairobi, Kenya!

    Whoa.....!!!!!!!

    The NVC received our approved K-3 petition on 25-AUG-2006 and shipped the case out 29-AUG-2006.

    They informed me that an electronic version was sent to the embassy (Nairobi's embassy is brand new, so this is a great sign, i.e. they have all new network and computers) along with a paper version via DHL courier.

    I was informed to call next week to make the address change (for my spouse) and to ask them what their scheduling looked like (I was hoping to get an idea of how much time we're looking at).

    We're expecting to get packet 3 delivered soon, so we're both scurrying about (me in California and she in Kenya) getting the last pieces of information together so that when it does arrive, we can fill out the forms and put together the packet for the interview.

    And then home sweet home!

    Something else from the call today was they told me I'd get something in the mail from the NVC, which I haven't seen mentioned here (I may have missed it). I didn't get a lot of details, yet it must be another NOA; anyone with details, please post (I will look again at the FAQ).

    I'm a bit blown away; all of the other folks I've seen on this board toiling through each day (many more than us) and we're blessed to have gotten the K-3 approved, with the embassy soon to receive it, in less than 60 days. I'm very grateful and thankful.

    This board has been integral in helping us get through this process/stage in life.

    Thank you VJ community for being a sounding board, reference point, support group, outlet to vent, outlet to cry, platform to celebrate!!!

    :dance::dance::dance::dance::dance:

    To answer your question, wait a few days (your case went out the same as mine, both to Africa, ironic....); give the embassy your case went to a call and see what the scheduling is like. They might (should?) have your case in the system by next week and should know where it falls in line.

    Keep the faith folks!

    Never give up!

  16. I received an email this morning stating that our I-129F petition has been approved (45 days)!

    This is truly great news and we can move on to the next phase of getting ready for the interview.

    We're pursuing the K-3 in full force, as my wife is in Kenya and our goal is to get her home ASAP; we don't mind waiting things out here for the green card.

    I want to thank everyone here for the thoughts, suggestions and overall general support.

    I realize there are many others still waiting (in many cases much longer than us); just know that all of our thoughts are with you. Keep the faith and don't waiver!

    Good luck to all and many hopes that this speeding up of approvals works for everyone.

    Cheers

    Bill

  17. I was approved on 18-AUG-2006; just got the email this morning! Waiting for the official mailer (Hopefully today)!

    Updating the list.

    Good luck everyone!

    Member Name-------------New or Old---------NOA1 Date----------------Approved or Pending

    girl 37-----------------Old Form-----------03/08/06-----------------Approved (151 Days)

    pja002------------------Old Form-----------03/08/06-----------------Pending

    Michele&Omer------------Old Form-----------03/16/06-----------------Approved (143 Days)

    Austin Volgograd--------Old Form-----------03/31/06-----------------Approved (133 Days)

    S&S---------------------Old Form-----------04/14/06-----------------Pending

    bombay------------------Old Form-----------04/20/06-----------------Pending

    Akatagirl---------------Old Form-----------05/01/06-----------------Approved (96 Days)

    TracyLuis---------------Old Form-----------05/02/06-----------------Pending

    Najia & Anouar----------Old Form-----------05/09/06-----------------Pending

    tracimn123--------------Old Form-----------05/17/06-----------------Approved (83 Days)

    ahlam ladida------------Old Form-----------05/16/06-----------------Approved (85 Days)

    ptcruuizer--------------Old Form-----------05/18/06-----------------Pending

    desperatewife-----------Old Form-----------05/23/06-----------------Approved (86 Days)

    Greg&Miriam-------------Old Form-----------06/06/06-----------------Approved (100 Days)

    twood2k-----------------Old Form-----------06/08/06-----------------Pending

    Savanphil---------------Old Form-----------06/13/06-----------------Approved (52 Days)

    Lovers------------------Old Form-----------06/05/06-----------------Pending

    Waiting in Costa Rica---Old Form-----------06/15/06-----------------Pending

    Chris & Mariana---------Old Form-----------06/15/06-----------------Pending

    smanam------------------New Form-----------06/22/06-----------------Pending

    dougalted---------------New Form-----------06/22/06-----------------Pending

    teleos123---------------New Form-----------06/22/06-----------------Pending

    Rob and Melinda---------New Form-----------06/26/06-----------------Pending

    CapeG-------------------New Form-----------06/28/06-----------------Pending

    billyboy601-------------New Form-----------07/03/06-----------------Approved (45 days)

    randynrose--------------New Form-----------07/06/06-----------------Pending

    ae4ever-----------------New Form-----------07/07/06-----------------Approved (42 Days)

    Adriana&Jared-----------Old Form-----------07/07/06-----------------Pending

    Azhar-------------------New Form-----------07/11/06-----------------Pending

    the_dip_sticks----------New Form-----------07/21/06-----------------Pending

    Becky&Sam---------------New Form-----------07/26/06-----------------Pending

    BurningInAgony----------New Form-----------07/31/06---------------- Pending

    amarceau----------------New Form-----------08/09/06---------------- Pending

    Crifever----------------New Form-----------08/10/06-----------------Pending

  18. ae4ever,

    Was your case touched (i.e. online and email)? Or did you just straight-away receive the approvals in the mail?

    I filed with the new form, my receipt dates are very similar to yours and I'm hoping no touch, no news will translate into sudden approval.

    Congratulations!

    I'm hopeful and praying a lot that I'll open the mailbox to an approval notice.

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