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Abbey B

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About Abbey B

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  • Member # 309748

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    Hudson County
  • State
    New Jersey

Immigration Info

  • Immigration Status
    K-1 Visa
  • Place benefits filed at
    California Service Center
  • Local Office
    Newark NJ
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  1. I originally wanted an annulment since the marriage was so short and I was advised that I COULD qualify for one based on our situation of him leaving so drastically and 'lying' about wanting to stay here. Also, an annulment erases the fact that the marriage ever existed. However, I know that I would not be able to sleep at night knowing that it could hurt him more than it would help me so I have decided to pursue a divorce on irreconcilable differences instead. Thank you everyone for helping me find the best decision. I feel much better about moving forward with the divorce as opposed to an annulment and know that this way is the right, fair and best thing to do.
  2. The annulment doesn't say fraudulent marriage..it just says that the marriage was "void of the essentials of marriage due to the defendant misrepresenting himself" so essentially...it meant that he 'lied' about his intentions. My immigration lawyer said that it would not impact his green card status...but either way--he will be leaving the country and withdrawing his green card application. In the end, I decided against an annulment and am going the divorce route because after 1 month of thinking about it and talking with you all on VJ.. I truly just want to go about it the most fair and just way, which would be a divorce.
  3. I am thankful for all the VJers who helped me with this.. The lawyer only recommended an annulment because the story can be 'slanted' in a way that we do actually qualify for one (based off my husband 'lying' about his intentions of staying here)....but in the end...I know that the annulment will hurt him more than it benefits me so I have decided to withdraw it and go for a divorce.
  4. This just hit me hard. Thank you for taking the time to write a response like this--it made me hear what maybe I didn't want to hear but as much as I want an annulment to get rid of the marriage, this may be the best decision to just get a divorce. I know he didn't want to hurt me or have any bad intention, he just knew we weren't working out, after 4 years of dating. I have a call with my divorce attorney today to discuss the two options before serving the papers to him. I already filed the papers, I just didn't serve him yet. They were filed as "annulment as first option and if he does not agree, then a divorce as the second option" but now I don't even know if I want to even mention the annulment. When he sees "fraud" he might get upset and make this emotionally worst for both of us...
  5. This is true...and I don't know yet if he will. I have already filed for it but I haven't served him because of this fear. He said he will only agree to it if he knows it won't affect his future immigration.
  6. For this instance, I will obviously withdraw the application and the sponsorship so he can't get the green card....but just want to be sure it won't affect a tourist visa (not a marriage based visa) moving forward for him...
  7. Well the Well the visa application (K1 to AOS) is not fraudulent. It was rather that the MARRIAGE was (those are legal terms of an annulment--"the marriage was void of the essentials of marriage" aka he promised a life with me, promised me a family and promised to stay in the US with me but then following our marriage 3 months ago, he no longer wanted a life with me, no longer promised to stay in the US and no longer wanted a family). As one other person posted...immigration and marriage are two separate things but I just want to be sure that the grounds of the annulment (lies/fraud) will not impact his immigration for a tourist visa in the future..
  8. Thanks so much for your response to this--super helpful. My lawyer also mentioned that he can complete the divorce/annulment from another country, which is good to know. I don't think the GC or even the AP/EAD will get issued in time since we just received our NOA1 a month ago...I can't imagine the annulment or divorce will take longer than 3 months and we will then cancel the AOS/EAD/AP application entirely. My last concern about an annulment (for him...since I do still care about him of course) is that the 'fraudulent' marriage does not affect his immigration status in THE FUTURE. I know he will want to get a tourist visa again one day to visit...(not to visit me, but just the US in general) and I want to be sure that the annulment won't affect his ability to visit again (since the annulment is based off of HIS lies about wanting to stay here--of course, these are just the 'terms' for an annulment and my husband is aware of that).
  9. Thank you all for the answers and your concerns. The terms of an annulment are actually up to the judge, so I am not concerned about the 'fraud' or not fraud--that is just how the case is positioned in order to get the annulment. My lawyer has successfully completed annulments regularly in the state of NJ. I am less worried about whether it is a divorce or an annulment, I just was mostly concerned about the sponsorship status and what the consequences would be if I were to pull I-864. Would he have to leave the country immediately? I want him to be present in the US in order to complete the divorce/annulment and if I pull the I-864, he may have to leave right away..making the divorce proceedings that much harder to complete. We did not have a religious ceremony and we did do our best (after 4 years of being together) to make it work, however, in the end, it just wasn't mean to be as hard as it is...
  10. This is very hard writing this as I was very involved with VJ during the K1 visa process and was so excited when my fiance came here to marry me from Israel. He came in January, we married in March and as of June 9th he moved out of the apartment to stay at an AirBnB and is going to go back home after our divorce is done. We had many fundamental issues, he was not willing to work on them or seek counseling, and he kept telling me he wanted to just go home because he couldn't see a future here. Long story short, we already filed for AOS, EAD and AP back in May--he went for his biometrics and NOW I have filed for annulment. We have no kids or assets together other than our joint bank account which is now been closed. My question and concerns are: Given that I am his sponsor, do I have any legal obligation or liability during the divorce/annulment process? If we end up divorced instead of annulled, can he try to get alimony from me because I was his sponsor? If we end up annulled, does the "fraud" stay on his record? I tried to get an annulment based off of a 'fraudulent marriage' because he promised a life here with me, promised a family and promised to stay in the US but 3 months after marriage, he does not want to stay here, does not want a family and does not want to be married. We are not talking and I am concerned what he can do and what he can try to get out of me given that I was his sponsor.
  11. Thank you @treppenwitz @Dazz for the guidance--and apologies to the group if this blew up. I think both of you have some good points and I want to think that we are okay to travel given the evidence. Also, thanks @Shiran for sharing the link. It for some reason says travel info is unavailable but maybe I'll check back in it with it. Congrats to everyone who got their NOA1 & biometrics in this thread... I'm seeing some people did--waiting on ours still as we sent it in on April 30. Being patient.
  12. Thank you both @treppenwitz and @Dazz for the insight. It definitely makes the decision to leave much harder..(as we originally planned to do a 2nd wedding in Israel A.K.A a 2 week trip on AP but maybe it is best we wait until GC). I do want to point out that I also was under the impression of what @treppenwitz said regarding K1 law to marry within 90 days, which we did, but nothing was signed or stated in the I-129F, I-797 or anywhere else that said we needed to FILE within 90 days...and it looks like there is some research that supports that fact.
  13. That's good to know! My only question is about the advanced parole...if we get the travel document and leave the country (for example 2 weeks long) and come back in...will they consider the original I-94 from the K1 visa an overstay? I heard that once the I-94 expires, it is considered an overstay and I wouldn't want that to be a red flag while traveling and coming back into country..
  14. Just here to say that I barely made it onto this thread group but here I am...sent in the package today finally (15 days after the I-94 expired). We got married within 90 days but filed 15 days after the 90 day K1...I hope this won't be a problem
  15. When applying for the I-131 with I-485 and I-765, there is an option to request multiple-entries, which we checked off and are applying for. I heard that when you apply for I-131 for multiple entries that you need to place a separate cover letter on top of the form explaining why you are requesting multiple entries. Something to the effect of...’I wish to visit family for the holidays and understand that the green card filing can take an uncertain amount of time, so during that time and I am requesting you consider my application for multiple visits through advanced parole.’ Has anyone else done this and is this required?
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