cjgator

You know, it's funny. I have been a member of this site for going on 2 years. This is without question the most valuable site on the web with regards to immigration matters and a forum for others to discuss their developmnents and shared concerns with others who are walking similar paths. I owe a lot of mine and my wife's progress to the help of many of this website's members - and to all those individuals, I can never say thanks enough. You are great human beings.

What never ceases to amaze me, however, are the excessive number of narrow-minded haters that fail to ever consider an alternative perspective other than the one they have lived, and are the first to throw stones at anyone who views their situation in a different way that what they have lived. There is an old saying in life, ladies and gentlemen: Don't judge a person unless/until you have walked a mile in their shoes. This forum was solely created to provide information and offer an opinion, based on personal experience, to those who may be thinking about similar matters. It was not intended to get anyone who has a different perspective or experience to change the way they think about their situation(s). For those of you who have so ripped what I have said, what is your answer to the trusting and loving US Citizens who got surprisingly hammered by their international spouses when their conditions changed? Do you not think that happens? If you do, then obviously you know very little about this overall process, nor have you read that countless postings of those who desparately searched for input when they felt their lives had been turned upside down by their internation spouse's "change of heart". For the record, my actions were not initiated solely on my own perspective. They were pursued after consultation with an experienced immigration attorney who has seen hundreds of relationships dissolve and turn sour when the status of the immigrant changed, to the unprepared surprise of the U.S. sponsor. While I respect all opinons, I tell all of the critics and haters of my perspective to line up and tell all of the loving and supportive U.S. sponsors of the opportunitistic immigrant spouses that they got what they deserved. If you can do that, well, it says a lot about the kind of person you are. But, of course, this forum allows for quite a bit of "drive-by" commentary, from those who would never have the stones to do such a thing as I have proposed.

For those of you who offered genunine and legitimate criticism or counterpoints to this topic, without judgment, this is not directed at you, and your feedback makes for a great forum.

Be happy, in whatever relationship you are in. But-don't let love make you stupid. There would be no such thing as a "divorce lawyer" if more people followed this creed.

Finally. For those who debated whether the I-864 can and will be enforced in a federal, not state, court setting-let me educate you. No matter what is ruled upon in state court, the person being sponsored had the absolute right (and often does) to fight that document in Federal Court. If you need me to provide you links to the dozens of adjudged Federal cases, I would be happy to.

-C

Nik/Heather:

It's July 13. I will definitely keep you informed. I need to update our timeline, which I will do this week.

-C

When is your interview? I'm curious about how that will go and will be looking for your review.

Obviously you live in a dream world. This is no different than searching for a pre-nup. There are countless cases of those who "change" right after they get their green card. Protecting oneself is not a crime, it is smart thinking, and if more people pursued this path, it would keep our family courts a lot less clogged than they are.

_C

If this is a concern - get a divorce.

Trust is a must.

Hello, all..

Most VJ members and those bringing a loved one in from outside the US know that the most difficult of all standards that we US Citizens must adhere to are the standards in the I-864, which may allow our international loved-one to draw money from us, even if we divorce, for a period of time that may equate to a lifetime. The federal standards are much less restrictive than the state standards for alimony.

I sent my wife's I-485 in, with all documents, except the I-864. I said in my cover letter that I was not sending in an I-864 because I rejected the guidelines that required spousal support, for 10 or more years, even a lifetime, in the event of a divorce, because it was excessive relative to the guidelines that state courts set for alimony.

For those of you who are concerned that your international spouses may be using you for a visa, this may (and I stress may) be good news.

USCIS did not reject our application, and we are scheduled for an interview. I will let you know how it goes.

-CJ

I encourage all to read this thread.

http://www.visajourney.com/forums/topic/256693-new-sticky-needed/

VAWA is a serious matter, and we need to protect all immigrants who are victims of this. But, we also need to be aware that many nefarious would-be immigrants use this act as a tool to financially use their U.S. spouses, as they start off on a life in America, while breaking the backs of their loving, well-meaning spouses.

If I have offended anyone who is dishonestly benefitting from this act, well, shame on you, may Karma repay you, and if you don't think this is happening, then you don't know many people who are going through this process. It's occurring much more often than you think.

-C

This is such an important and overlooked area you have brought up, Happy.. My own sense of it is maybe because, not only are so many blinded by love at the outset, that also many have not been through a divorce that resulted in an alimony judgment, so even if they do read the fine print, they have no clue what to expect.

I personally think the single most important piece of advice that can be offered to someone (particularly the sponsor) going through a process like this, is an education on what signing that I-864 really binds you to. I know about too many cases where, if the relationship between the immigrant and sponsor was going south, while the approval/AOS process was still ongoing, the soon-to-be immigrant picks a fight with the sponsor spouse and gets the police to come to the house on a domestic issue. Then, that person goes and files a VAWA petition, uses the manufactured police report as evidence, gets approved for VAWA, leaves the spouse, and then uses that signed I-864 to hit up the sponsor spouse for federally-approved alimony, for what could, in theory, be a functional lifetime. People really need to understand what that I-864 means. That document allows a spouse to seek spousal support (alimony) in the event of a marriage failure, for a period of time far longer than what most state courts would ever award in a traditional (U.S. Citizen/U.S. Citizen) divorce.

For all of you here who have faced genuinely violent issues with your spouses, and had/have a well-founded basis to pursue VAWA, my case examples are not directed at you, and I am very sorry for the pain you have endured, during what should have been a wonderful journey for you. It is a sad reality, however, that Federal regulations put in place to protect abused immigrants, have also been liberally used as an avenue to break the backs of loving and well-meaning U.S. Citizen spouses, by nefarious individuals, who used these trusting individuals solely as a vehicle to get into this country, and get their life started, at the sponsor's expense.

-CJ

I read the divorce and effects forum a lot, and when someone new comes in there, the same q's are always asked. Of course, nothing new there, but the Q's are 'can I send him/her back?' 'can I get out of my affidavit of support' etc.

I know when peeps are filing for a fiance/spouse, they are all blinded by love and giddy, but I think this trend is showing that many enter into these things not knowing what they're signing up for legally. It's just a suggestion that a sticky be put somewhere - maybe in the K1, k3 section, to let people know, if all goes to sh!t, it's not a question of returning the merchandise with a 20% restocking fee.

Hi all. I'm breathing a temporary sigh of relief, because we just got my wife's documents sent off for the adjustment of status (it's going to the Chicago Lockbox). A quick question: Can anyone offer a perspective on how long before USCIS will send an I-797 stating all has been receieved? This is relevant to us because our state DMV only gave her a temporary driver's license, which will expire in about 45 days, and can only be renewed with the production of an I-797 on the adjustment of status.

Thanks.

CJ

Thank you again payx. Great help.

-CJ

"A"

For some reason it appears my post from yesterday got removed before anyone replied to it.

My question, if anyone can help..

My wife is here on K-3 Visa. I-130 and I-129F were approved at same time, but we brought her here on K3, so her visa status is non-immigrant. On Part 2 of the I-485, potential response (a) seems more like it applies to an I-130 than it does someone with an active non-immigrant visa. In our case, would the proper response to Part 2 be (a), or (h), explaining with this "other" choice that it is an adjustment of status from a K3?

I appreciate the input.

cj

Hey everyone..

I am helping my wife fill out the I-485 application for her adjustment of status. She is here on a K-3 visa. My question pertains to Part 2 (application type) of the I-485.

Her I-129F and I-130 were approved at the same time, but she came to the States on the K3 (based on I-129F petition). I'm a little confused as to whether or not I should have her check box (a) or box (h)in Part 2. If we check box (a), isn't that related directly to the I-130? Because it was the I-129F that allowed her to come on the nonimmigrant K3 visa, should we check (h) instead, and under "other basis of eligibility", specify that its an adjustment of status from a nonimmigrant K3 Visa?

I appreciate the input in advance.

cj

Thank you very much. I appreciate the consideration.

-CJ

3-6 months typical...

I apologize if this question has been asked 3 million times, but, based on what you VJ'ers are seeing, is 3 months a reasonable time to expect some sort of written response from USCIS on a K3-based I-485 (whether it's an interview date, RFE, or denial)? Hard to judge this from the posted data on hand.

Would be interested to hear if 3 months appears to be about right, too soon, or long.

Thank you in advance.

-CJ

Hey all..

I asked this question a couple of months ago, and didn't really see any definitive feedback, so I thought I would ask it again. Wife is here (US) on a K-3 Visa. Our I-129F and I-130 were approved at the same time, in late Dec. 2008, but we decided to have her come over on K-3 because of embassy issues in her home country.

My question is this. The I-485 requires an I-864 to be filed, I understand that. But, when I filed the I-130, there was an I-864 submitted as part of that application. Is that I-864 no longer valid, seeing how we brought her over with the K-3 visa? Will I need to submit a second one now, with the I-485?

I am concerned about this because my economic circumstances were better when I filed the first one, with the I-130, than they are now.

Would be interested in hearing feedback from anyone who has been through this.

-CJ

In the event, god forbid, that my spouse's AOS petition was denied, it is possible to appeal such a decision?

-C

Has anyone ever heard of a circumstance where an I-485 (AOS) has been approved without submitting an I-864?

Hey, been a long time everyone, hope everything is going well, stuff's going pretty cool for me & Nata.

I'm trying to answer a recent question from a friend of mine in LA whose marriage to her hubby is going south and has some real problems. She's Moldovan, he's US citizen. She came over on a K3, which means it was the I-129F application and data that was executed. They never did anything with I-130, although both were approved.

He has not filed AOS, which means there has not been an updated I-864 filed. He is telling her he will not adjust her status, they have about 6 mos. before the 2 year K3 expires. She's considering VAWA, she said he has pushed her a couple of times, but has not struck her. I told her I though VAWA might be a longshot if that was all that had happened, but if he's physical, its definitely an option.

The issue I can't give her a decent response to. The affidavit of support. Because she came over on the non-immigrant K3, her affidavit of support that supported her visa was the I-134, not the I-864. I have read on several legal sites that there is case history which finds that the I-134 is not a legally enforceable affidavit of support, but the I-864 is. If this is true, it looks like she would not be able to get support from him if she was allowed to remain in the US through VAWA.

But, as I thought about this, I was reminded: Don't all K-3 sponsors also have to file an I-864 as a support document for the I-130 petition? Does that one become null and void if the couple decides to go the K-3 (I-129F) route instead of the CR-1(I-130) route?

I don't know if anyone has some insight on this, but if you do, I'd appreciate your thoughts. At this point, I'm afraid to tell her anything else right now other than "call an immigration lawyer".

Thanks!

CJ-G

Ditto on the previous post. My wife is here on K3, we have not filed the AOS yet, and she just treveled to her home (Belarus) and returned this past week. You don't need advance parole. However, you do need to be diligent in making sure the customs agent at your port of entry knows the difference between a K3 and a K1. This is not always a given, so it is possible the agent could ask you for your travel document. If that happens, remind them it's a K3 multiple entry visa, you do not need advance parole, and if you still face problems, ask to speak with another officer to verify your statements. Through our own experiences (and those shared by friends in a similar visa situation who have traveled), a WAG estimate is that 1 out of 4 of the front-line customs agents aren't familiar with the travel priveleges of a K3, and they often assume they are the same as the K1.

For us, even at USCIS, one out of the 3 agents we spoke with, in verifying travel eligibility, mistakenly confused the K3 travel guidelines with the K1. They are not the same.

Good luck.

-C

K-3 is a two year MULTI entry visa... NO AP required if the visa is still valid.

moving thread to appropriate forum

Thanks

Has any VJ'er had a loved one who came over to the US on a K3, and traveled before the AOS was filed? Was there a problem? As I read the regulations, if a person holds the K3, they can travel and re-enter the US, even without an AOS application pending, or advance parole.

Thanks for your input.

-CJ

Thanks much for the info. My hair is turning gray even as we speak.

-CJ

Interesting. What you explained is exactly what I'm afraid of. If you don't mind me asking, how did it get resolved? Did they finally realize their mistake and give the I-94 back to her, or did you have to file for advance parole and wait?

-CJ

When my wife did her AOS interview the IO blew it and took her I-94 and told her she'd have to get advanced parole to renter until she got her GC.

He was wrong but!!!

We just waited for the GC which came in about 1 month.

Interesting. What you explained is exactly what I'm afraid of. If you don't mind me asking, how did it get resolved? Did they finally realize their mistake and give the I-94 back to her, or did you have to file for advance parole and wait?

-CJ

When my wife did her AOS interview the IO blew it and took her I-94 and told her she'd have to get advanced parole to renter until she got her GC.

He was wrong but!!!

Would love some input from those who have been through this. My wife got here on a K-3 in March. USCIS rules state she can travel on that K-3 and re-enter the country.

Experienced V-J'ers also verified this for me several months ago. I sent my wife back to her home (Belarus) to see her family a couple of weeks ago, because her new full-time job over here starts in Sept. About 4 weeks before I sent her, I went to the local USCIS office to verify if she was OK to travel without advance parole. I have not filed the I-485 yet, I plan on doing this in early 2010.

She already has her US SSN, and work authorization. The first USCIS rep I saw at the local office, who seemed clueless, said she would not be granted re-entry into the US without advance parole or prior to the I-485 filing. This seemed contrary to the USCIS and State Dept. info, so I contacted a UCSIS rep on the phone, and I went back to the local office a few days later, and both of those individuals said yes, she could travel and re-enter the US without advance parole or an I-485.

If you have a loved one who has done this, could you give me some feedback? Please don't send or recite to me text from the USCIS or State Dept. website, I already have this info, which states that she would be OK. I would like feedback of those people who have already gone through this experience. Thank you in advance.

-CJ

Thank you!!

Chris

1. WRONG. K-3 is a multi-entry visa, it was intended this way so that they could travel while waiting for I-130 to get approved by USCIS, so that they can then apply for AOS OR return to home country and interview for the spousal visa.

ALSO Form I-131 indicates that K-3 and K-4 DO NOT need AP to travel because K-3 and K-4 are multi entry visas.

2. YES, K-3 is NOT work authorized, so SSA WILL NOT issue an SSN until they have EAD or Green-card. The only K-Visa that can get SSN is K-1, because in some states the K-1 is REQUIRED to have SSN before they can get a marriage license. K-Visas are NOT work visas.

How ya doing, Lisa? Are you two together yet? Nice to "see" you too.

C

2. If I read the guides correctly on this website, I think it says a K3'er has to have the Employment Authorization Document (EAD) before they can be issued a Social Security Number. Is this true, or can we get her an SSN while we are waiting for the employment authorization?

Thanks in advance.

CJ

Hey C,

You have to have the EAD to get a SS card, unless you can prove that she needs the SS# for something other than work, and most reasons are unacceptable to them such as getting a DL...

nice to see ya

Thanks, w.r.t. the K3 travel language, that was the same language I saw, but on another website where someone interpreted that language to mean that the AOS also had to be filed in order for the K3'er to travel & return to the US. I do not think the language reads that way. To me, it sounds like a K3 person is safe to travel outside the US & return.

My wife arrived from Belarus on a K3 Visa about 5 weeks ago.

We were planning to wait until early 2010 to file her I-485, because we want to make sure she adjusts well to living in America before going through the AOS process. We have filed an I-765 application so she can get her work authorization.

I have a couple of questions.

1. I have seen on a couple of websites that K3'ers should not try to travel outside of the US with their K3 unless they have filed their I-485 paperwork. I thought the K3 was a multiple entry visa, that was not contingent on any other filing, to permit international travel. Could someone clarify?

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application

2. If I read the guides correctly on this website, I think it says a K3'er has to have the Employment Authorization Document (EAD) before they can be issued a Social Security Number. Is this true, or can we get her an SSN while we are waiting for the employment authorization?

How to Apply for a Social Security Number Card

Before your spouse arrives in the United States, you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration.

Thanks in advance.

CJ

My wife arrived from Belarus on a K3 Visa about 5 weeks ago.

We were planning to wait until early 2010 to file her I-485, because we want to make sure she adjusts well to living in America before going through the AOS process. We have filed an I-765 application so she can get her work authorization.

I have a couple of questions.

1. I have seen on a couple of websites that K3'ers should not try to travel outside of the US with their K3 unless they have filed their I-485 paperwork. I thought the K3 was a multiple entry visa, that was not contingent on any other filing, to permit international travel. Could someone clarify?

2. If I read the guides correctly on this website, I think it says a K3'er has to have the Employment Authorization Document (EAD) before they can be issued a Social Security Number. Is this true, or can we get her an SSN while we are waiting for the employment authorization?

Thanks in advance.

CJ