NonyGuy

My wife and I will be officially "separating" at the end of this month. She'll be moving to Tampa, and I'll actually be moving to Thailand for work.

Her green card is good until December 2010. We have to be separated for 1 year before we can apply to divorce, so that means we can divorce in April 2010 (approximately). I'm assuming the divorce will be done with an attorney present for her or I since I'll be overseas and not coming back to the US for the court proceeding (no property to split, kids, etc.)

However, I honestly do love my wife and I want her to be happy. She wants to stay in America. Can this be done if we are divorced? Do instances like these EVER get approved, or will she be told to pack her bags and go back to her home country?

Thanks for your help guys!

Yes, but marriage in good faith will be needed to be demonstrated for I-751.

http://www.murthy.com/news/n_remcon.html

Our marriage was definitely entered into in good faith. If my wife and I divorce and she files the I-751 saying we married in good faith, i dont know what evidence she could show.

What evidence could I use???

Since she's been here, we've only rented an apartment. My name is on the lease, as well as hers.

She has no car or driver's license, so her name isnt on my car (can i add it?) and shes not on my car insurance.

We have plenty of pictures together...not of foreign travel with each other, but domestic.

I'm in the military, but I get out this June. I could print out the document showing my dependents (her). I could also print our the military health insurance and dental insurance plans that show her name.

We don't have joint bank accounts, but I suppose I could open one. Should we? Will I have to constantly add/withdraw funds?

Is all of that, along with affidavits from friends and family enough? I will be moving to Thailand this April/June and she will be moving to Florida to live with her family there. We will stay married for now, but be separated.

Help?

there is no working things out anymore. we've done the counseling, and it's just over....100%

so is there anyway that she can still stay here in the US? What exactly is needed to prove that our marriage was real and not some bogus Green Card scam? We were honestly madly in love with each other, and things fell apart.

My wife and I will be officially "separating" at the end of this month. She'll be moving to Tampa, and I'll actually be moving to Thailand for work.

Her green card is good until December 2010. We have to be separated for 1 year before we can apply to divorce, so that means we can divorce in April 2010 (approximately). I'm assuming the divorce will be done with an attorney present for her or I since I'll be overseas and not coming back to the US for the court proceeding (no property to split, kids, etc.)

However, I honestly do love my wife and I want her to be happy. She wants to stay in America. Can this be done if we are divorced? Do instances like these EVER get approved, or will she be told to pack her bags and go back to her home country?

Thanks for your help guys!

Before just going and applying to work...i wanted to ask the experts here:)

Can my wife work at the Commissary or Px/Navy Exchange on a military base without her EAD? I've heard that since she is my dependent, she can work on-base, but on-base only...even without EAD.

is this true?

also....sneaking in one more off-topic question:)

Is there some sort of regulation that my wife has to stay in the US with her 2yr green card? Can she leave the US and go back home for as long as she wants for those 2 yrs?

THANKS IN ADVANCE EVERYONE!

So sorry to hear it's not working out, JCochran...

but it also sounds like you are not sure you two are looking to divorce.

Does she have any extended family or friends she could stay with here for a few weeks...? that way you two could separate and have that little extra emotional space you both might be needing... and then maybe you could arrive at a firmer decision?

Good luck,

hz

I really wish this were the case. She has absolutely NO ONE here in the states. Thailand is really her only option:(

we have been together since may of 2007, and we were married in April of this year. This marriage has been nothing but a struggle since she got here. Seems we loved each other more when we were on opposite sides of the world.

With this affidavit of support, do I have go really provide for her for ten years no matter what? She can basically freeload off me in US for ten years and not have to do anything for herself?

If she goes back to Thailand, and I file for divorce here....I don't have to prove to the US court that I served her papers?

Thank u all for your replies!!

Since her AOS is not yet approved, you may "withdraw" your affidavit of support, effectively killing her AOS process. Since she arrived on a K1 visa, she has no other way to obtain a green card except to accuse you of abuse. There are ways to serve her by publication. Check your state's divorce laws. I said you can do it, not that there wouldn't be issues to deal with.

If you're so sure your marriage is over, withdraw the affidavit of support and file for divorce now. Or, instead of simply waiting for the possibility your mind(s) will change, why not actually decide together to save the marriage or end it.

If I withdraw the AOS now, doesn't that mean she'll have to leave the US immediately and she will not be able to return without a visa? We both have agreed that we need to at least separate for awhile. We were hoping she could just get her Advance Parole or conditional green card, then return to Thailand for our "separation". If while we were apart we decided we wanted to try it again, she could return to the US easily...but if we wanted to just permanently end it, I could file for the divorce.

we have been together since may of 2007, and we were married in April of this year. This marriage has been nothing but a struggle since she got here. Seems we loved each other more when we were on opposite sides of the world.

With this affidavit of support, do I have go really provide for her for ten years no matter what? She can basically freeload off me in US for ten years and not have to do anything for herself?

If she goes back to Thailand, and I file for divorce here....I don't have to prove to the US court that I served her papers?

Thank u all for your replies!!

Well...things just aren't working out. It's been a constant strand of fights, about 2-3 per week, since my wife arrived in the USA. I just don't know what happened. I had such high hopes and I was CERTAIN my life was going to be perfect. And now I'm ready for divorce...

Just a couple questions....

I'm planning on having my wife go back to Thailand AFTER she receives her advance parole. That way, she can at least come back if we feel we made a mistake and want to try it again. Is this a really bad idea?

Can she file for divorce in THAI courts? (We were married in Virginia, USA) If she can, can the Thai courts award her all my money and would the US government enforce me paying her everything? How does all that work?

Once she is back in Thailand, can I file for divorce here in the US without her being here? How will I serve her papers if I don't even know her address in Thailand? She lives in a small village and I honestly doubt mail is even delivered there.

Can anyone help me out??

Exactly, nobody can say .....

haha..oh ok

Anyone have any ideas as to what would make an application take longer than usual??

Possibly a current or former navy person with a former fiancee from Thailand comes to mind...

huh?

Another thing, on her DS-3025...the "Insuffiecient Time Interval" box is checked for all the vaccinations she was given.

Does this mean anything bad? The date she was given the vaccine is given, but to the right side of the form "Insufficient Time Interval" is checked.

Can I just send the DS-3025? Her visa alreayd expired 24APR and we havent applied for AOS yet....i really dont want to wait any longer and cause a problem.

I thought the DS-3025 was enough.

Yes, just send a copy of the DS-3025.

Does it matter if I only have Page 1 of 2??

Can I just send the DS-3025? Her visa alreayd expired 24APR and we havent applied for AOS yet....i really dont want to wait any longer and cause a problem.

I thought the DS-3025 was enough.

I know my wife doesn't need her immunizations or anything because she had them done in Bangkok for her K-1 Visa...but do I need to fill out any form stating this or do I just mail in a copy of the immunizations/vaccinations from the hospital?

Thanks guys~!

Since a K-1 technically has no required vaccinations (they are only strongly suggested), the question is what information was included in her medical report. I do not think you can definetively say that was is a part of the report. It may have been or it may not have been. Did the clinic provide to her a copy of the DS-3025?

Ive got the front page of the DS-3025

I know my wife doesn't need her immunizations or anything because she had them done in Bangkok for her K-1 Visa...but do I need to fill out any form stating this or do I just mail in a copy of the immunizations/vaccinations from the hospital?

Thanks guys~!

When I was reviewing the I-864 for AOS, it appears there is NOT as much needed to be included for the processing. I remember for the K1 I had to provide a letter from my employer and letter from my bank, etc.

Am I correct that I DO NOT need to include that stuff for this AOS I-864?

Are tax returns for the previous year the only thing required?

Thanks again for everyone's help.

Thanks for all of your fast replies and good wishes!

This board is truly a blessing.

Anyone have any ideas as to what would make an application take longer than usual??

We've been waiting SOOOOOOO long for a translated copy of my wife's birth certificate...we finally have it and now we are mailing everything in this week.

1. It's all mailed to the Chicago lockbox right?

2. Does it ever have to go to the California/Vermont service center or just to my local office (Columbus, OH)???

3. The Columbus, OH processing times for I-483 says November 2007, but timelines here say approximately 70 days to interview. Could it really be only 70 days to get her interview/approval/green card?

4. For the Advance Parole...my wife only wants it in the event of a family emergency. Her grandmother in Thailand is very sick and she wants to be able to fly back at the drop of a dime incase something happens to her. is this good enough justification for advance parole??

Thanks to all of you for your help and guidance.

JC

1)Yes you mail it to Chicago. Read the forms it's mentionned on it.

2) They could have it transfered to CSC, in which case it's often approved without interview, if not that then it's transfered to the local office. No one knows why it goes to one or the other.

3)I would count on the Nov. 07 date, which means 6-7 months but it could be less. There is obviously only one VJ member who filed in a full time line for your local office so it really doesn't mean much, check there as well: http://www.visajourney.com/timeline/aoslis...0%2C11&cfl= You'll get a few more dates that will give you a better idea.

4) Sounds like a good explanation to me. If you can provide any proof that her grandmother is sick it would be even better.

The average wait for a decision seems to be about 2-4 months from NOA1 date by looking at this table. Could this be? Did I somehow get lucky enough to get the fastest local office or am I just looking at the stats wrong?

We've been waiting SOOOOOOO long for a translated copy of my wife's birth certificate...we finally have it and now we are mailing everything in this week.

1. It's all mailed to the Chicago lockbox right?

2. Does it ever have to go to the California/Vermont service center or just to my local office (Columbus, OH)???

3. The Columbus, OH processing times for I-483 says November 2007, but timelines here say approximately 70 days to interview. Could it really be only 70 days to get her interview/approval/green card?

4. For the Advance Parole...my wife only wants it in the event of a family emergency. Her grandmother in Thailand is very sick and she wants to be able to fly back at the drop of a dime incase something happens to her. is this good enough justification for advance parole??

Thanks to all of you for your help and guidance.

JC

what is the A# on the I-485??

My wife and I just got married on Saturday and I'm putting everything together to send in the AOS by next week. Her visa actually expires tomorrow, 24APR2008.

I just saw that the forms ask for an SSN, but she doesn't have one. Do I have to get that for her before I can mail in the AOS packet?

Am I screwed? People arent going to come storm my house and put her on a plane back to Thailand are they?? Is is that bad to be late sending in the AOS papers?

so does does anyone have any idea about what a court would say if I applied for teh divorce, but my ex was already out of the country and unable to return?

how can I divorce her if she lives in another country and is not allowed to return here?

and thanks to EVERYONE for your replies thus far:) you're awesome!

Why would your fiancee (or ex-wife) not be allowed to return to the US? As long as she does not incur an overstay of more than 6 months, then she can still apply for other types of visas (including K1).

I'm saying if we divorce BEFORE the AOS is completed and she returns to her country. She won't be allowed to return to America just so she can go to court for a divorce.

so does does anyone have any idea about what a court would say if I applied for teh divorce, but my ex was already out of the country and unable to return?

how can I divorce her if she lives in another country and is not allowed to return here?

and thanks to EVERYONE for your replies thus far:) you're awesome!

My fiance and I will marry soon, however things are getting slightly "rocky." I dont want to get into it.

One question, if we get married, submit the paperwork for AOS, then we decide its not going to work....can she just go back to her country and I call to cancel the AOS with Immigration?

If she does this, she's obviously not allowed back in the USA, so what would the courts say when I filed for divorce??

THANKS EVERYONE!

Hey hey everyone....fellow July-filer here:)

Happy to report my girl gets here this Friday, January 25th:) Flying into Dulles airport here in DC!

So excited!

I'll keep you all posted, and GOOD LUCK EVERYONE!!!

I'm glad to report that my fiance is flying here to DC on Friday:) Her English is not so great so I'm not sure how she will do by herself in Immigration. Is this something I should worry about or will it be okay/expected by the Officers that she doesn't entirely understand their instructions??

Thanks!

JC