MRStee

I agree here. Another thing to do when it comes to SSA and DMV is to print out a copy of "their" rules..The SSA has fact sheets for your state. That is what we did when we applied for a state id. They were impressed that we came fully equipped. Try not to get bent out of shape. As far as speaking to a supervisor you could have told them if you weren't allowed to speak to a supervisor, you would be filing a complaint and documenting everything they said to you to try to "ruffle" their feathers a bit or even threatened to come with legal representation (even if you didn't the threat was still there). Words are powerful...
Good luck to you
MrTee.. we filed ours 2 weeks and 2 days after his arrival and had no problems either.. we live outside of Philly in Delaware County, PA. We filed in Chester, PA.

Emin that is a really good idea! I will definitely see if I can get some pics from him. Thanks so much!!
Thanks for the advice MrStee!

yesssssss finally woooo hooo!

Im happy to see this happen, count me in too!

go to dhs.gov
click up in right corner "Contact"
Type a short sweet email with you recipt number from uscis
petitioner name and date of birth and beneficiary date of birth
State that your NOA2 came on ?
NVC received it on....
To this day I still cannot access the payment portal and NO one can fix this issue.
I find this unacceptable and against normal processing conditions.
Please contact me at...... and get my concern resolved as soon as possible
Thank you

case dismissed = no conviction. no conviction = no problem

Hi IslandLady
What Magical said is true!
But most of us obsess anyway
When you create an account on the USCIS website and add your case number you can then log in and check the status of your case. There is a field for "Last Updated" and when that date changes it means your file was "touched" in some way. A "touch" does not necessarily mean anything significant. People have had their case "touched" and still wait months for the status to change. Others have been approved and never touched.
From the USCIS website:

Perfect example -
almost EXACT topic, by you, here:
http://www.visajourney.com/forums/topic/328265-preparing-for-k1-interview-tell-me-what-you-think/
Some of us try to come on here, go to the country portal, and help others going through the same country - In between our busy lives - Everytime I go to the country portal, I have to dig through multiple of the same topic by you in order to find someone who may need help. Please find your previous posts (you can do so by looking at your profile, if you need to refresh your memory about a topic that you started), read the advice given there, then either follow it or ask questions in the same thread if you are confused - It will make life much easier for all.

I have to agree with Sus on this one... Although things worked out great for you its sad to think of others who needed their spouse with them for extreme circumstances. Just my opinion....

Wait, am I reading this correctly? Losing one week's pay was good enough to prove "severe financial loss"?
There are people in serious emergency situations who don't get approved.

While I am happy for you that your request for an expedite worked, it's not something that everyone should be trying to do - There is a valid reason sometimes for an expedite - Due to EMERGENCY circumstances, etc... - which are major changes / issues in your life - If everyone starts trying to request an expedite, all its going to do is tie up the system further and cause further delay for those that are impatiently waiting their turn.

Be sure to give us complete details of what results at this appointment, si man. Keep the faith!

I just read your entire first post and had to skip to the last page hoping you got some solid advice.
Then I saw this post and felt much better!! whew!
Sorry for all you have been through.
Good over Evil every time!

First major update all!!
I can tell you that your prayers have really proven beneficial.
My attorney received the amazing news that the judge has overturned the decision to award the $500 per month alimony after appealing the decision.
As of now, the alimony has been kicked out the door.
Additionally, I have an appointment with an ICE representative who was involved in her initial arrest back in 2008.
Tables are beginning to turn in our favor, and we are not going to stop pursuing this evil creature until fully victorious.
Now, to tackle the remaining issues in short order.
Many thanks to everyone here for the amazing advice and encouragement!
We might just win this thing.

There's a lot of conjecture going on, but I keep coming back to this one statement. This isn't ambiguous, and can't be explained away by cultural differences. "Nothing to restore"? "Artificial strain"? "Act like what we ware not"? She doesn't consider this marriage to be genuine. She never did. She apparently thought he understood this, as well. The deal, in her mind, was two years of occasional sex in return for a ten year green card.
If anyone still has any doubts, I ask you to pretend for a moment that the OP married the American girl next door, and she was behaving like the OP's wife, and she sent him the comment quoted above. Would you have any doubt that the marriage was a sham in her mind?

You're drawing conclusions based on the bullet list summary at the beginning of the decision. Read page 441:


We determine that a fiancé(e) visa holder is eligible to adjust under section 245(a) of the Act if, at the time of adjustment, the applicant can demonstrate that he or she entered into a valid marriage to the fiancé(e) petitioner within the 90-day period, provided that the requirements of section 216 do not apply . The statute does not require that the marriage exist at the time that the application is adjudicated outside the section 216 time frame.
Section 216 is the conditional resident status requirement. The EOIR decision states that a K1 who marries within 90 days can adjust status if they aren't subject to conditional resident status, even if the marriage was terminated by divorce. That was specifically the situation of Alfred Kebbie Sesay. He married within 90 days, waited a long time to file the AOS, and was subsequently and improperly denied because the marriage was more than two years old when USCIS adjudicated it. Sesay subsequently got divorced and remarried, and then tried to adjust based on the new marriage. That was denied (rightfully) because he entered as a K1. He then tried to refile based on the first marriage. That was also denied.
The EOIR decision is stating that the original denial of his first AOS petition was wrong - USCIS shouldn't have applied INA 216 because of the length of the marriage. The EOIR decision is also stating that the second petition filed on the first marriage was approvable, in spite of the subsequent divorce, because he satisfied the requirements of eligibility based on the K1 - marriage within 90 days - and he couldn't be denied because of INA 216 because his marriage lasted longer than two years. Someone who married and divorced in less than two years could not adjust status under the same circumstances because INA 216 would apply - they could only adjust to conditional resident. INA 216 specifically states that conditional resident status terminates when the qualifying marriage has been terminated. It would be ludicrous to grant status when the conditions to terminate it already exist. INA 216 repeatedly uses the term "alien spouse", and defines this in 216(g) as the spouse of a United States citizen. An alien who married and subsequently divorced could not meet the definition of an "alien spouse" provided in INA 216.
The EOIR's reasoning was that the original fiancee visa terms (from the 1970 act) were that permanent residence was automatically granted after marriage. The IMFA amendments of 1986 added several requirements in order to reduce immigration fraud through marriage, one of which was conditional resident status for the first two years of the marriage. They concluded that a marriage that survived two years had met the requirements of the IMFA amendments, and so the original intent that unconditional permanent residence should be granted should be recognized.

That's a nice saying

Perhaps not directly, but are you aware of your implication? Another life lesson I've taken, is to not worry about things that are outside of your control. And certainly how someone else wants to express themselves, about the process, would be one of those things, no?

Whining about whining.....CLASSIC!
And who are you to say who God rewards? So self-rightous aren't we?

If there's one thing I've learned in life, it's to never tell people how they should feel.
Good luck!

1. she doesn't have a VAWA case. You need to build a casefile with ICE, whilst yer waiting. Make Sure ICE has everything - but - you'll need to send out entire copies to
--National ICE office
--Local ICE Office
--USCIS local office
--US Embassy/Jamaica/IV Unit
1a. Withdraw your I-864 now, via a letter to
--USCIS local office
--USCIS National Office
2. joint, possibly. sole? no. her income will be evaluated, and IF you include all casefile info from the ICE casefile, the judge will determine she's attempting visa fraud.
3. possibly - but ya can't annul a child.
You've got seperate issues to deal with, immigration and divorce. Seek counsel elsewhere on the divorce bits, as divorce is 'county-specific' (that's c o u n t y without the 'r')

Danm!
So sorry Tammy
I would also add that you should not threaten him that you are going to be contacting USCIS. The less he knows the better. I am sure you are in a lot of pain right now... to go through this NIGHTMARE that is immigration and then be treated like that is just heart wrenching...
My prayers are with you!
I agree with what the previous poster said about harboring resentment...
To forgive is to set a prisoner free and discover that the prisoner was you.
~Lewis B. Smedes

Since you've not filed AOS yet - you've not sent in the I-864, right ?
Some suggestions.
1. Call ICE (# below), tell them that he's left, and you are filing for divorce, with no intention of further sponsership. This will start a national casefile, but it's tedious to 'get things into it'.
2. Get an INFOPASS appointment for your local USCIS office, and let them know you are filing for divorce, and tell them the circumstances of why you are not filing the AOS package with him. This will start a local case file. While yer there - ask to speak to the Head of Section for BOTH 'Fraud Prevention' and 'ICE' and make sure that casefiles are started in both sections. At some point, these two casefiles will rbe married up together, and sent off to the National Office
3. SEND A POSTAL LETTER to the USCIS office closest to where he is living, explain all, ask that a casefile be started in the local ICE unit and local Fraud Prevention Unit.
4. SEND A POSTAL LETTER to the Embassy IV Unit where he interviewed, explain all, let them know that he came in on a K-1 visa with fraudulent intent.
None of this stuff is automatic or in real time. It takes time, energy, and patience (on your part) to get the ball rolling. Once the ball is rolling, it will roll hard when next he is found (traffic stop, drunk and disorderly charge, etc). The 'national pick up order' will be issued to all local law enforcement, but he won't just be casually picked up, he'll have to be stopped on something else first. At some point, the locals will turn him over to ICE, and then they'll actually do something with him, based on the contents of the casefiles that you got started.
Just to be clear - YOU can't get him deported, only ICE and DHS can do that - the most you can do is make sure that the casefiles (plural) are full of evidence of his fraud. Practice writing letters of attestation, you'll need these for the casefiles.
Good Luck !

First of all: my deepest condolences.
Second of all: What. An. Idiot. [Him, not you!]
As a con man, he's totally incompetent. You are, of course, correct. Without AOSing, his stay will expire in 90 days, and then he's out of status.
You should be aware that if he has a copy of your marriage certificate, and can fake your signature on an I-864, he can try to file for AOS on his own, assuming he even knows he needs to do this. [Was it you or him who did most of the paperwork? If you did it all, he may not be familiar with the process enough to even know he's bailed before he locked in his status.] You can [and should!] head this off at the pass by calling USCIS, talking to a second level service officer, and informing them of the situation and that under absolutely no circumstances is an I-864 signed by you legitimate. That will prevent him from even trying to AOS.
As for the other stuff, USCIS is unlikely to sic ICE on him just for taking off. They unfortunately don't have the manpower to do that sort of active investigation, so that won't work. But it sounds from what you say that he leads a lifestyle that will bring him to the attention of the Florida police in fairly short order, and if you inform them of his licenselessness, tendency towards DUI, and immigration status, they may hand him over to ICE for you, when he inevitably has an unfavorable interaction with them.
That's pretty much all you can do, directly. But I recommend that you don't do anything overtly against him. Certainly call USCIS to protect yourself from a forged I-864 by all means, but for the other stuff...
Harboring unforgiveness and anger against someone will ultimately do far more harm to your body and soul than the pain he's already caused you. I urge you, in the strongest possible terms, to try very hard to understand him as just another sad, twisted, broken, fallen human [just as we all are] and to find a way to forgive him who trespasses against you, just as we are forgiven our trespasses.

If he is stall active duty, she just needs to get in touch with his Command Sergeant Major, he'll straighten him out. She may want to contact the Command Chaplain as well..............
I'm a retired Marine, I had to deal with dirtbags like this before, they always lose.