Merrytooth

D I V O R C E

Nowhere has it been mentioned they married for Immigration Benefit.
Nor is there any requirement for a conventional marriage.
But the one thing I can be certain of is that this thread will hit the top of the Popularity chart.

My thoughts?
You have been putting up with her ####### for over a year, and then whining about it here on VJ.
You are foolishly trying to out-manipulate a master manipulator.
Why haven't you been to counseling yourself so you can find out why you continue to put up with her #######?
I wouldn't put up with her attitude for a nano-second.
Sheesh...

Why does it matter to you if she's "removed from the country"?
She's allowed to stay if she likes, since she married you in good faith. And quite frankly, why shouldn't she be allowed to; she gave up everything in her home country to be with you. You BOTH entered this marriage, so why should SHE be punished and leave your life the way it was? Take some responsibility.

I understand that you have given up on your marriage for reason you outlined, so a divorce maybe indeed the way for you to proceed. I'm not sure, however, why you would want to make this an immigration issue.
Common sense and experience tells us that the easiest way out is to pave the way for an easy divorce. Tell your wife that you do not wish to continue to stay in this marriage, find an apartment for her, and be nice enough a man and husband to make this transition into a single life for you and her as easy and smooth as possible.
If you start a fight over immigration, you may get caught up in a spousal abuse case, for really no good reason. Have an uncontested divorce, and move on with your life, while allowing your wife to go on with hers.

Your comment made me think of how some mean people abandon their unwanted pets by driving far away and leaving them to fend for themselves as they drive off. Listen, she is your wife and not an unwanted animal. You should be honest with her. If you do no longer want to be with her then say so and ask for a divorce rather than tricking her into going to Belize with you and leave her there.
As far as removing the conditions of her permanent residence, she might still be able to remove the conditions on her own if she can prove that the marriage was entered in good faith and things just did not work out. You cannot just ship her back to her country now that you have realized she is "very ignorant and stubborn," according to you.

Hi Giles!
I happened to pass by to your thread.... so while I am resting in front of my computer.... I would give my one-fourth cent.... LoL
About your situation in hospital bills, you wife can help them but probably to a certain extent only that your financial side will not suffer. My one-eighth cent on this, she probably not the only family member and shouldn't be paying all the bills. Her other relatives could contribute in paying hospital bills as hospital bills are really expensive. Like for instance, I have uncle-grandpa that doesn't have kids, so when he got hospitalized, I gave money for the bills but I only gave what I really can afford to give (which mean the extra money that we usually have to buy some non-necessities stuff). The rest of my family members contributed to help paid his bills.
This is just my mere observation and I don't intend to insult anybody nor hurt feelings by addressing this. Most Filipinas have this so-called "kayabangan" and sending money to their family implicate progress to their family. It will give their neighbors the notion that they are getting rich and they would be above them in terms of status in life (esp. if they came from a poor way of living). So no matter how much money they will send to their family in the Philippines, it will never be enough.
My one-eighth cent of your situation, did she marry you in order to get here and work to earn money for her family? or did she marry you in order to build a family of your own? and which reason weighs more?
You said you asked your wife about the future of your kids(if you already have), my husband asked me that too because we're comparing the way of living here and in the Philippines. I told him that we will save for our kids education and probably send them to Philippines for college if the quality of education is the same.
I am probably bias on my opinion or probably I am addressing some truth, I don't send money to my family in the Philippines like how most of the Filipinas regularly do because for me, helping is necessary but it always have boundaries. I have family here to take care of (though, just my husband and our little pup only for now). I have to think ahead of my family's future. I sound probably selfish, but come think of it, I didn't go in this foreign land to earn money for people that probably not thinking of my future but only what their present, I went here to build a family that I will call my own and have them until I could work no more.

Sounds like the family thinks they won the lotto with marrying her off to an American. Everyone wants a hand in your cookie jar
$681 is all that it would cost to make your troubles go away. 1 way flight back to PI from LAS.

I am very sorry to know that things did not work out for the two of you. I am also glad that he chose not to marry you. Can you imagine if he had kept his promise of marriage while continuing to be abusive? Would you have wanted a marriage under those circumstances? I would not think so. Since you are a professional and smart, capable woman you will overcome this present challenge. I have trust that, in time, you will once again gain your independence and be able to live on your own and find a job. As far as reporting to USCIS, I would not think that this could work since there does not seem to be police reports that would evidence your claims. But there might be a way, so keep researching. My advice would be to try to see the positive of the experience, at the end, you will feel a higher sense of empowerment out of having resolved your situation. You will succeed. Best wishes and you move forward!

Visitors and intending immigrants have no rights, this is true. And when they stick their nose up at the rules surrounding the privilege they get treated poorly. The real answer is that they ( the visitor) has no right to break the rules. And even less right to break the rules and expect not to get into trouble. Feel fortunate that our country just sends them home and treats them in fairly nice facilities. You don't get the same treatment else where when you break the rules.

Lisa,
1) you have 2 identical posts running right now. Moderator please combine.
2) You don't have your terminology straight.
An illegal alien is somebody who entered the US without permission, without inspection (EWI), and his presence is undocumented to the US Government. That's a crime, comparable to you coming home and there's a strange guy in your house who entered through the back door and engages in funny business.
An EWI can never adjust status, not even by marriage to a US citizen.
You, in contrast, entered the US with permission, with inspection, and the US Government knows about you being here. You just overstayed, much like you had been invited to a party and are still hanging around when it comes to an end. That's a civil infraction, and the punishment for it is . . . nothing. There is no punishment for it, but once the hosts realizes that you are still in his house and asks you to leave, you have to. Not a punishment, just common sense.
3) The US Government understands that children have really no choice when parents drag them along. Therefore, illegal presence is not accumulated until 180 days after the 18th. birthday. I have no clue why you would claim you became illegal at age 17, but that's not true. Your overstay started at age 18-1/2 and had you left by then everything would be cool.
4) Until a few weeks ago, I would have told you that you don't have anything to worry about. Lately, however, the whole AOS from VWP has become somewhat of a big unknown. It may work, or it may not work. If it won't work, you'll be ordered deported with a 10-year ban attached, which would need to be overcome by two waivers, none of which is easy to get.
In your situation, all you can really hope for is that you get lucky. There's really no alternative short of waiting for comprehensive immigration reform.

No new law has been passed. Whoever told you this doesn't know what they're talking about.
When you entered using the Visa Waiver Program you agreed to a "no contest" stipulation, which effectively means you waive any right to appeal any decision by an immigration officer. This has always been a sticking point for anyone trying to adjust status after a VWP entry. USCIS can arbitrarily deny the petition, and they don't have to worry about any repercussions because the decision is not subject to review. This means that the risk of being denied has always been higher for VWP entrants.
What HAS changed relatively recently are decisions in several federal courts of appeal that have upheld the USCIS position that a VWP entrant is immediately deportable after they've overstayed their entry. USCIS cannot be compelled to consider any petition filed on behalf of the VWP entrant that might stop the deportation. Because of these court decisions, USCIS field offices in the districts affected by those federal appeals courts have been automatically refusing to accept AOS petitions from VWP entrants who have overstayed, and instead immediately ordering their deportation. There has been concern brewing that USCIS (or their parent Department of Homeland Security) might unify this policy across all USCIS field offices, but there hasn't been any formal policy memorandum that I've seen that confirms this yet.
If the USCIS field office you went to confirmed that they are now implementing this policy then there's little point in filing an AOS application with them now. They could cash your check, summarily deny the AOS, and then order your deportation.
You take a risk if you remain in the US more than 180 days beyond the expiration of your authorized stay. You will be subject to an automatic 3 year ban when you leave. If you overstay more than 1 year then the ban becomes 10 years. You will have to return to your home country and either wait out the ban, or your husband could submit a hardship waiver application AFTER you are denied a visa. You'd need a really good lawyer if you expect the hardship waiver to have any chance of succeeding.
If your overstay is currently less than 180 days then I strongly advise you to leave the US, and your husband to file an I-130 petition on your behalf. If all goes well, you'll interview for a CR1 visa some months from now, and be back in the US with a green card in under a year.

The attorney is not giving you the straight scoop, probably because he's afraid he won't get paid if he tells you the truth.
First, let's define "adjustment of status". This term means you are changing from one immigration status to another. For example, you could be changing from "non-immigrant" to "immigrant", or from "out of status" to "immigrant". An alien who is not present in the United States has no immigration status to adjust - they are simply a foreigner in a foreign country, out of the jurisdiction of USCIS. The crux of the matter is that you NEVER interview for adjustment of status outside the United States. An adjustment of status interview is ALWAYS conducted in the United States.
What the attorney was referring to was getting your fiancee a visa from a US consulate abroad. Visa interviews ARE conducted in foreign countries by US consulates.
Here's the scoop - there are precious few options for someone who entered without inspection (an "EWI") to adjust status in the United States.
One possible option is a refugee or asylum application. These are almost NEVER granted to citizens of Mexico.
Another possibility is an abused spouse of a US citizen or legal permanent resident. If the attorney is even remotely considering this option then he's simultaneously considering completely screwing up YOUR LIFE with an accusation of spousal abuse. If the attorney has strongly recommended you marry her now, and has been having any "private" conversations with your fiancee, then watch out - you could be getting set up. I'm just sayin'...
A third possible option is section 245(i) of the INA, which provides for certain EWI's to adjust status if they had an immigrant visa petition filed on their behalf prior to January 14, 1998, or who were present in the US on December 21, 2000, and had an immigrant visa petition filed on their behalf prior to April 30, 2001. Section 245(i)'s are rarely granted anymore because most of the people who were eligible have filed long ago. If she was eligible to adjust under 245(i) then the attorney would never recommend she leave the US.
Aside from these (and a few other very rare situations), an EWI is not eligible to adjust status - not even through marriage to a US citizen. Your attorney knows this, and that's why he's telling you she's going to have to leave the country for an interview. He's either suggesting she go back to Mexico while you file a fiancee visa petition, or that you marry her before she goes back to Mexico while you file a spousal visa petition. Either way, she has to go back to Mexico to apply for the visa once the petition is approved.
Here's the kicker your attorney probably didn't tell you about - her visa will be DENIED at the interview. She's remained in the US since she was 18, and has accumulated eight years of unlawful presence. When she leaves the US an automatic 10 year ban will kick in. The only way to get around this ban is for YOU, her US citizen fiance or spouse, to file a hardship waiver application with the consulate AFTER the visa has been denied. If you hire a very good lawyer who is well versed in hardship waivers then you've got better than 50% chance of getting the waiver approved, but it may take many months to get an approval.
If you decide to pursue this route then she absolutely MUST NOT reenter the US illegally. A second illegal entry could result in her being banned for life with no possibility for a waiver.

I doubt it has anything to do with the age of the girl or whether she's a virgin. The US citizen is GETTING the money - not PAYING the money. Why on earth would anyone pay a US citizen MORE money for marrying a pretty young virgin, and LESS money for marrying a middle aged divorcee? Shouldn't it be the other way around?
Also, the girl's family in Vietnam isn't paying for this. The girl's family in the US is paying for it. How much they pay depends on how much they have, and how much they think it's going to take to persuade a US citizen to go along with it. Being introduced by a member of the girl's family in the US and having a low income are a deadly combination because they both dramatically increase the odds that the US citizen is being paid to help the girl immigrate.
Somebody once said on this forum that they believed girls with high income petitioners sailed through the consulate in HCMC. There may be some truth to this, and the above would be why. I know for a fact that there are VN families in the US who are paying US citizens to marry VN girls (and guys), and it happens a LOT.

Hello,
I previously replied to another post about the missing NOA2 for AOS:
http://www.visajourney.com/forums/topic/256531-never-received-noa1-or-noa2-in-the-mail/
In short,
We sent out the I-824 forms without the fees, letter to explain the situation and evidences of K1 petition.
Unfortunately, the I-824 form was returned to us one and half month later for "I-824 fees not included".
For the AOS,
I did a write up to explain the whole situation, and in lieu of the I-797 approval notice (NOA2), I submit
- National Visa Center letter,stated that the I-129F was approved and that the petition will be forwarded to the consulate.
- Infopass letter & the USCIS computer print out(by the local USCIS officer) shown the I-129F petition was approved.
- US Consulate processing K1 visa letter
- my K1 visa stamp & I-94 entry stamp
- USCIS website case status online print out, showing the I-129F was approved.
- NOA1, receipt to show that we did file for the I-129F petition
- USCIS case status update emails
My AOS I-485 was accepted and transferred to CSC for processing, no AOS interview. There was no RFE for the missing NOA2.
My AOS I-485 was approved within 3 months.
I would suggest you included in your AOS package the email from USCIS saying they have concluded the NOA2 must have been lost
and that you can use a copy of the notice on their website. I thought contacting the Congressman will be the last resort should there be RFE for the missing NOA2.
Good Luck!

Hello,
I previously replied to another post about the missing NOA2 for AOS:
http://www.visajourney.com/forums/topic/256531-never-received-noa1-or-noa2-in-the-mail/
In short,
We sent out the I-824 forms without the fees, letter to explain the situation and evidences of K1 petition.
Unfortunately, the I-824 form was returned to us one and half month later for "I-824 fees not included".
For the AOS,
I did a write up to explain the whole situation, and in lieu of the I-797 approval notice (NOA2), I submit
- National Visa Center letter,stated that the I-129F was approved and that the petition will be forwarded to the consulate.
- Infopass letter & the USCIS computer print out(by the local USCIS officer) shown the I-129F petition was approved.
- US Consulate processing K1 visa letter
- my K1 visa stamp & I-94 entry stamp
- USCIS website case status online print out, showing the I-129F was approved.
- NOA1, receipt to show that we did file for the I-129F petition
- USCIS case status update emails
My AOS I-485 was accepted and transferred to CSC for processing, no AOS interview. There was no RFE for the missing NOA2.
My AOS I-485 was approved within 3 months.
I would suggest you included in your AOS package the email from USCIS saying they have concluded the NOA2 must have been lost
and that you can use a copy of the notice on their website. I thought contacting the Congressman will be the last resort should there be RFE for the missing NOA2.
Good Luck!

I just received email and text msg that
"On July 1, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283."
My AOS has been approved right?!?
So excited! Given that I have missing NOA2, (submitted other supporting documents to prove that I-129F was indeed approved), 2 K1 visas(1 original K1 and 1 reissued K1), 2 Biometrics (1st Biometrics failed because FBI couldn't read my fingerprints).
So many hiccups in my K1/AOS journey, draining me mentally and physically. I am so happy now
By the way, what is "ADIT processing" ?

Just finished my Biometrics Appointment today. The lady taking my biometrics said my fingerprints are light to read. So I asked if there would be problems? She said she doesn't know, need to wait for the FBI to report back.
Now, how to know if the Biometrics are ok or not? How long would USCIS take to inform me if I need 2nd time fingerprinting?