amaada

5 minutes ago, Californiansunset said:

Correct, given that you are not even a US citizen it would put you in a tricky situation if you let her stay once her status is considered illegal.

Maybe her husband will also just calm down and re-think his decision to send her home. Although I don't know whether it's good for her to be with someone who immediately wants to send her home when things don't seem to go so well... 

Gotcha! Thank you for taking time answering my questions. So I am now reconsidering if I would let her stay with me.

That’s true. I hope the everything will work out fine for them.  ☹️

1 minute ago, Californiansunset said:

Ah okay so nothing is approved yet, all she did was file her AOS application (there's no approval for filing AOS, if the AOS is approved that means that she received her Greencard). 

It takes around 6-8months right now for people to receive their Greencard without interview (which she should be hoping for giving her situation). If she hasn't even received her EAD yet I'm guessing her wait time has been below 3 months. So she is potentially looking at at least another 3 months of waiting for her Greencard and to have a fully legal status that lets her stay without her husband's permission and support. Looking at that timeline it gives the husband plenty of time to figure out how to pull his I-864 and hence her chance to adjust status. 

Oh. I stand corrected.

Thank you so much, that makes it clear for me now.

so if husband pulls his I-864, I can’t offer her to stay with me since it will be an illegal stay 

1 minute ago, Californiansunset said:

Just to clarify it because you've been contradicting yourself... she already has her AOS Greencard approved so her interview was waived and the next step would be in two years to Remove conditions?

I’m so sorry for the confusing statement.

The filing for AOS was approved. But the approval for greencard or EAD wasn’t released yet.

4 minutes ago, payxibka said:

Absolutely.  In the USA divorce can be filed in the place of residence of either party even if the other party is in abstentia

 

Gotcha! Thank you so much

2 minutes ago, bad4tatt said:

If I understand this correctly, she has only been here 6 months and her AOS was filed within that time? Has her AOS been approved yet? 6 months seems really fast for AOS of any kind. 

Yes her AOS was already approved. She has only been here for 6months.

True, it was fast. Just like what happened to my AOS.

Her timeline is almost similar to mine.

She did her biometrics first week of December like mine.

1 minute ago, Californiansunset said:

She still needs him to come to the Greencard interview if she ends up being scheduled for one... just want to throw that out there since it hasn't been mentioned. There's a 50/50 chance that she will have one. If she goes to that AOS interview without the hubby she will have her AOS denied if he hasn't pulled the I-864 support yet anyways.

Thank you! I hope he will just file for divorce before he sends her home at least it will be clear to her.

can he file for divorce even if she’s in her home country? 

2 minutes ago, Mollie09 said:

I stand corrected. He has plenty of time to pull support and that would cause the denial of the AOS.

Thank you!

8 minutes ago, Mollie09 said:

From the OP it sounds like AOS was approved and card is being produced, no?

In that case there's no pulling support anymore.

It didn’t say yet that the card is being produced or approved. But if we based it to a normal AOS timeline she’s at the stage of receiving her EAD next month. She did biometrics a month ago.

Just now, Ontarkie said:

Yes he can still pull the affidavit of support. When he does that her AOS will be denied. 

Thank you for making it clear for me.

I am also considering if I will let her stay with me if that happens. Because she will be an illegal immigrant living in my house if the AOS is denied. But I really wanted to help her by offering to stay in my house for the meantime.

5 minutes ago, Ontarkie said:

He can withdraw his support and she will have no status. She cannot adjust status without his support. 

Can he withdraw even if he has already paid everything for the AOS?

1 minute ago, Ontarkie said:

Can't apply for ROC with a divorce waiver when she still hasn't adjusted her status. One step at a time and by the sounds of things he will be pulling his support. 

He has already paid for everything for AOS and now waiting for the greencard. 

I wasnt sure about “withdrawing sponsorship” so I’m wondering if he can stop the release of greencard.

10 minutes ago, IndiaAnnie said:

She might call and get a consult from immigration attorney on the subject (maybe someone does free consults in the area). If I were in her shoes I would send an email to him from your house or her account and tell him that she is so confused, upset and afraid because he has used the K1 process to bring her here and now is telling her to go home after she married him for love. She should say "I refuse to leave until an attorney assists with providing a legal divorce." This will likely cause him to respond in writing (which becomes proof of her entering marriage in good faith and his intent on kicking her out). She should only communicate to him in writing (use google translate if needed) to document the situation. This would help the case in 2yrs when conditions must be removed BUT she may still be denied and sent home at that time. At least she will have 2yrs to work, earn savings and prepare for security if she must go home. If she stays with you she can change address online with USCIS and have the green card sent to your house. Again, this is what I would do in her shoes myself and then spend the 2yrs building up for my future - Plan A and Plan B. It's really sad that people are used and abused (even emotionally) with this service because it's hurtful. Good luck!!

Thank you for this advice we will consider doing this.

I’m so sad and worried for her she is in so much stress because of the guy. She never wants divorce because she married him because she loves him! And now she is facing this possibility of separation and divorce and she doesnt want that to happen to her.

13 minutes ago, payxibka said:

What country is she from?

 

He can "kick" her to the curb but he cannot deny her immigration benefits that she has or may be eligible for. 

 

He cannot demand to have her deported.  

Thank you for that.

what about withdrawing the sponsorship? Will thay cause the green card to be cancelled after everything has been filed?

1 minute ago, payxibka said:

What country is she from?

She’s from Philippines.

17 minutes ago, TNJ17 said:

Dude, married is married. You are married until you get divorced, get it annulled, or become a widower. It doesn’t matter where in the universe you go. You are still married. 

 

Because she will not have any evidence of this marriage for the next two years before she removes conditions, she’s gonna have a rough time getting it approved. I don’t see how she can do it. 

Thank you for your response!

She is worried he will file for divorce while she is gone and say “she left him” as ground.

They’ve been together here in US for 6months now since she got here.

I would like to offer her to stay at my house while waiting for her card to arrive because it was already filed. 

35 minutes ago, usmsbow said:

2. They're married until they get divorced. It doesn't matter how long she is anywhere.

 

3. I'm not clear on the question. You're wondering what the difference is on getting divorced in the US vs if they get divorced if and when she's no longer in the USA? In terms of the marriage/divorce itself, I don't think there is any difference. Immigration wise, I don't know. 

Thank you for your response.

Sorry for my confusing statement. But this is what I meant: Leaving the US might be used against her for filing a divorce while she is in her home country and use “desertion” for the divorce.. when in fact she will just leave the country just because she was asked to, but she didnt want to leave the guy.

31 minutes ago, Mollie09 said:

She will have to remove conditions in 2 years and prove that the marriage was entered into in good faith. Seems like it would be hard for her to find evidence after the marriage so that might be difficult. Her husband can't send her home if she doesn't want to go, if her AOS was approved she has legal status for 2 years.

 

They will be married until a divorce is granted. Not sure what you mean by "it's up to the guy when to ask her to go back to US again." Just living apart from someone doesn't mean they'll be divorced.

Thank you so much for your response. So if her husband cant send her home coz she doesn't want to , is it okay she’ll stay with me? We’re just worrying it might result to illegal stay if her husband will withdraw the AOS. She already did the AOS and just waiting for the green card to be sent on the mail. 

And if it will be sent to the mail it’s on her husband’s address, will she be able to get it if she wants to? (Let’s say her husband wants to keep it and not give it to her)

appreciate your time!!

She got here in US through K1 Visa they got married applied for AOS now she’s just waiting for her EAD and Greencard to be sent via mail.

Now the husband wants her to go home. She wants to stay because she left everything in her home country for the sake of the husband and it will really be hard for her to start over. She enetered the marriage in good faith, but the guy was very unstable. He wants her to go home just because of his own anxiety. (The guy was divorced once and his ex wife(for 40yrs) took a bunch of money because of divorce).. The woman right now is really nice and is boggled why the sudden shift of treatment towards her. She wants to stay with him but the guys wants to send her home.

Questions:

1. She is a bit old and  left everything in her home country for this marriage. She wants to stay in US but greencard didnt arrive yet. She already processed AOS. Is it okay if she stays in US with her woman friend? The guy bought her a ticket to go home.

2. Will they still be married if she goes home and not go back for over 100 days? Since it’s up to the guy when to ask her to go back to US again.

3. What’s the difference between getting divorced in US before she leaves  for home vs staying in her home country for so longthen their marriage will not be in effect (since the husband will try to make it appear she left him).

I can't remember the exact number... but I made sure I have 5 copies each.

Just now, loreal said:

Hi amaada. Thanks for sharing. If i may ask, how old was your cenomar during your interview?

Four months. I was approved in four months.

Hi. The CENOMAR I used from the very start of our application is the same CENOMAR I had with me during interview. I ordered several copies of my CENOMAR.

P.S.

For your BIRTH CERTIFICATE better get 5. I had 5 with me. Coz you will also use it when you process AOS when you get to US. Better have extra than less. 

I just looked up my case online status and it says they already mailed my card. I'm so happy I got my interview waived! Thanks guys for answering my question.

Just want to share that my AOS form I-485 (Application to Register Permanent Residence was approved on April 6. I just checked my case status online now and it says "Case was Approved". Just waiting for the Approval Notice be mailed to me.

I just have additional question: Does it mean I will not be interviewed anymore? Thanks a lot for answers.

51 minutes ago, Ermin&Zijada said:

Just to clarify since I would hate for this to happen to me, or anyone after waiting so long for a visa.

 

The plan is to  go and then travel back to the states with my fiance once his visa is approved. Hoping to be able to stay by him throughout the POE process as his english is not very good and he is nervous about that. Anyways, is it important to have an exact date? That is kinda difficult with the nature of waiting on a visa. Does it suffice to simply say next month or once we get settled? 

 

Thanks ahead!

The best answer (if you don't know the exact date of wedding yet) would be: WE PLAN TO MARRY WITHIN 90 DAYS.

 Or

We will have the court wedding within 90 days and then have a bigger wedding some time so we can have enough time to prepare.

That's EXACTLY what I said when I was interviewed in the immigration.

Then, they just reminded us about the 90 days period and we were released! (I traveled with my then fiance)

It doesn't matter if you can't find the conversation from the very start... you still have plenty of time in 3 years span to take more screenshots of your conversation.   our actually was just in a span of 3 months and then he petitioned me for k1 visa.  

I actually lost some of our conversations, too, good thing my partner has his own copy in his phone. it's a two-way conversation so thought I lost our conversation in my account, he has his own.  I hope this helps, Mochii.