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Mike E

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About Mike E

  • Rank
    Gold Member
  • Member # 308549
  • Location Zzyzx, CA, USA

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    SF Bay Area
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Immigration Info

  • Immigration Status
    Adjustment of Status (pending)
  • Place benefits filed at
    California Service Center
  • Local Office
    San Jose CA
  • Country
  • Our Story
    Iris: K-1 / Mike: naturalized (Canada)

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  1. Moving on. This place is too toxic.  

  2. Many USA banks will not open accounts for people who are not green card holders and not USA citizens without the applicant being present at the bank.
  3. Yeah well I got divorced in Colorado and you are 100 percent wrong about how it works in Colorado. There are are guidelines to the court based on the length of marriage, the earnings of each spouse, and the total assets. The judge has latitude to ignore those guidelines. My lawyer told me to avoid trial if possible because it can go very badly. He told me horror stories of men earning six figures who have to give their ex-wives $10K a month for the rest of their lives. No until retirement. For life.
  4. You are confusing the asset settlement with alimony. They are two separate things. Because she never had a job and you did, you will be paying a portion of your income to her for a few months to a few years. In terms of the asset split she will get half of the difference between your total net worths before the marriage and after the marriage, possibly excluding the appreciation on assets each of you brought into the marriage and left titled individually. If you are in a community property state, the rules can be quite different too. Finally, she will have a claim on part of your 401k. Lawyer up.
  5. The bad news is you are getting a divorce. Those are never fun and yours will be especially acrimonious. The good news is that you’ve been married for under two years so your alimony will be short and sweet.
  6. Out of status for 19 years means you need a lawyer. If it is as Cap Janeway says, then the lawyer will not be as expensive as you think.
  7. It is highly unlikely you can use GE when you enter the USA on your CR-1. Furthermore, after you enter the USA, at POE, you will get an I-551 stamp on your passport. Aside from this being yet another reason why you cannot use GE for your first entrance to the USA after getting a CR-1, your will not be allowed to use GE again until you have an actual green card. The reason is that lawful permanent residents are required to enter the USA on their I-551 and the only form of I-551 the GE kiosks accept is the green card. Unfortunately GE cards are largely useless. One you get a green card, go to the nearest GE office and ask to have your green card entered into the system. Also ask if to be shown how to use a green card with a kiosk. It is much different than using a passport and most first timer GE users with green cards at POE have lots of problems. Also, when you get your first state ID or DL, log into your online account and add those. Finally those of you with GE and want to take your spouses name may have a real dilemma. Because your passenger ticket will be in your passport name and your green card will be in your spouses name, the GE kiosk might reject you at future points of entry. I believe that eventually, whether the green card holder has GE or not, that the USA will require green card holders to fly with ticket issued in the green card holders name.
  8. You must use the name on his birth certificate. If his passport and national ID differ from his birth cert then he needs to get those fixed. For other names part of the i129-f you use John David II
  9. And just noticed this. That is really bad. You've lost the original document that shows that there was a marriage which you would need to get a divorce certificate. Try to get it back.
  10. The embassy in South Africa is a remote outpost of the government of the USA. The government of South Africa has no control over the government of the USA and vice versa, at least when it comes to your situation. And BTW, even if you produce something that convinces the embassy, it might not convince USCIS when you go to the AOS step. You need a divorce decree.
  11. If the K-1 is rejected because the embassy considered them married, would the petitioner be subject to a ban for visa fraud?
  12. Agreed. Hence the decision to go for the K-1 instead of CR-1 was the correct decision.
  13. Set up Informed Delivery on usps.com so that you get emailed when letters are going to you. That way when a letter gets to your local post office you will know it is supposed to come and then you can go to the post office when it isn’t delivered. Informed Delivery has helped me at least two times. Once when a package was delivered to the wrong mail box, a complaint to the local post office caused the manager to send a carrier to retrieve the package and bring it to my door. The second was when my wife’s AOS biometrics letter didn’t arrive the day it was supposed to. After a complaint it magically materialized. I wish when my carrier had her AOS that the IO rejected her because she is certifiably insane. Check status of the case online and see if a biometrics letter was sent. See if you missed your biometrics appointment. If either call USCIS. If neither, give it 30 more days and start calling 60 days after NOA1. In my case, I used an attorney for my wife’s AOS, so she is largely immune to USPS ruining her life. Also put your name on your mail box.
  14. In our case, the embassy emailed us after the case was transferred. The embassy told us to submit the DS-160 first, then have the medical and gather required documents (including police certs). Once we gathered the police certs (the long pole), and had then translated, that was when we scheduled the medical. Once we had the sealed envelope from medical, the embassy entertainer interview appointment requests.
  15. Given conventional wisdom on VJ is that lawyers are useless, I will be following this. I wish I could offer any words of wisdom to help you OP. I think hiring the lawyer beats waiting around indefinitely. This is yet another data point on why it can be a bad idea to get married and go for CR-1 versus waiting and going for a K-1.
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