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diadromous mermaid

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    diadromous mermaid got a reaction from user19000 in I need serious help. 1st marriage of hubby called marriage fraud   
    You are not being judged (well, UNLESS you consider my opinion a judgment)
    The fact is your husband has many strikes against him.
    1. And it is unfortunate, but reality, is that he is from Pakistan
    2. He overstayed his first visa, not leaving when he was supposed to
    3. He married a woman later charged with conspiring to commit marriage fraud
    4. He divorced prior to adjusting status, but chose not to avail himself of remedies that are in place for victims
    5. He continued to stay in the USA for years, presumably without lawful status, and presumably earning income, wihout authorization
    You ahve a lot more to learn. I wouldn't exit this thread so fast, if I were you.
  2. Like
    diadromous mermaid got a reaction from user19000 in Legal Advise Please Husband Abandoned Me   
    mamatom,
    This, all of this, is very poor advice and incorrect. First, USCIS is well aware that unilateral fraud exists. If an alien enters a marriage with fraudulent intent, it is not a forgone conclusion that the USC was complicit with a scheme.
    Secondly, failure to provide documentation (documentation that the alien has a right to have, as in "joint" account statements, "joint" tax returns, or the likes) to an alien that is following immigration process can be construed as willful obstruction, and can provide the alien with recourse in any self-petition.
  3. Like
    diadromous mermaid got a reaction from user19000 in Most unfortunate scenario!!   
    Perhaps you'd rather simply egg-on the OP without consulting or reference to citations, and just wing-it, eh? I'd rather know what I am up against and be prepared. All I can say for your cavalier dismissal of my post is, since the petitioner is deceased, and all applicants for PR are required to have a sponsor "what, then, becomes of the I-864" ?
  4. Like
    diadromous mermaid got a reaction from user19000 in Most unfortunate scenario!!   
    Why would the OP write that the "petitioner" died, if Grandpa was only the sponsor? I agree that not much information has been given as to the type of immigrant classification we're dealing with, however, there are some clues.
    One being
    . Immediate relative ? I believe NOT.
  5. Like
    diadromous mermaid got a reaction from user19000 in My husband has been having 2 online affairs -   
    The bigger point, keylogger being legal or otherwise, is how hypocritical is that, to offer forgiveness and then to monitor the partner's every move. I know, personally, if I had to go to such extremes to be sure that my spouse wasn't cheating on me, then the marriage is doomed anyway. Whether I wish to admit it or not, tracking one's partner's activities is indicative of mistrust.
    The better approach is to reserve opinion as to the future potential of the marriage to such time that it becomes clearly evident that there is no cause for mistrust. If the husband is really remorseful, and wishes to restore the healthy status of the marriage, his OWN actions will be enough to show that.

  6. Like
    diadromous mermaid got a reaction from user19000 in Just curious KimandRuss..   
    "Money problems" are one of the matters the Service is intent on "weeding out" when the USC is initially petitioning for the foreign-born fiancé to come to the USA. For what other reason do you all believe the Affidavit of Support was implemented? Very few aliens are able to access Federal Means-tested benefits for the first 5 years anyway. But the petitioner has vouched to the US government that he or she has the financial means to support the alien through the process and until that alien becomes gainfully employed and has accrued sufficient reserves in the social security system to provide for the "unplanned".
    To go through the vetting process, claiming that you meet the benchmarks, and then fall into poverty before completing the process is not acceptable. Yes, on occasion, the USC becomes unemployed, or worse, but it is not his or her right to use that as a reason not to do all that is necessary to maintain the alien's legal status. In such an event, since the sponsor has guaranteed that he or she lives above what is considered the poverty level for his household, if money becomes tight after marriage then changes in their lifestyle to accommodate the submission of applications, or leaning on fmaily to assist is in order.
  7. Like
    diadromous mermaid got a reaction from user19000 in Update: "True Love" Post   
    You could try to arrange a visit other than on a weekend, with the attorney, or alone, if the below applies.

  8. Like
    diadromous mermaid got a reaction from user19000 in Permanent status before divorce?   
    If both parties decide to wait to terminate the marriage so that the alien could acquire permanent residence, that does not necessarily equate to fraud.
  9. Like
    diadromous mermaid got a reaction from user19000 in Serving Divorce/Annulment Papers...help!!!   
    I know you didn't but from prior posts it appeared that you believed the marriage was bonafide and were emotionally involved with him, but that his psychological state was causing issues in the marriage. Why would you think it appropriate to annul the marriage? The unsound mind that is cause for annulment, I believe, relates to someone that agreed to marry without the capacity to carry it out.
    Frankly, I can empathize with your dilemma over what to do in your marriage, but I see it is quite callous to pursue the annulment...and strip him of any chances of remaining in the USA. Although I tend to believe from your earlier posts that he wouldn't anyway.
  10. Like
    diadromous mermaid got a reaction from Member9 in temporary GC & marriage annulment   
    Greater efficiency within USCIS (yes, I know some of you are reeling at that and wondering what efficiency) but the truth is that it is due to greater efficiency in processing cases, after the IMFA reform, that brought about the 2 year conditional green card. Take a look at the process a couple of decades ago, and you'll learn that an application to adjust status took so much longer to process and schedule for an interview. In fact, each step of the process took longer. As such there were very few if not no aliens that would find themselves at the point of an interview to adjust status without having been married to their US citizen spouse for at least 2 years and often times much more. Therefore, when adjudication of those applications occured, there was sufficient history established between the couple from which to make a proper and accurate determination of the bonafide nature of the marriage. Now, applications for adjustment of status come current and are on an AO's desk within months of filing, many times applications submitted by aliens that were recipients of expedited visas, as in the case of the K type visa. So it is simply not possible in the current trend to accurately assess the real bonafide nature of the marriage by the time the file reaches the IO's desk. As a result, the conditional card is issued to all aliens, save for those that have clearly insufficient evidence of a genuine marriage, or those that appear to be openly fraudulent.
    Therefore, at the stage to remove those conditions, the USCIS has yet one more opportunity to take a look at the genuine nature of the marriage and if make certain it passes the "litmus test" as it were. So, in summation, it's not that one has already demonstrated that the marriage was legitimate at AOS, and as such no further demonstration is required. It's more a case of the USCIS was content with the evidence presented by the couple initially, and if all things continue to support those bonafides (even in cases where the couples have since deivorced), chances are the I-751 will be approved.

  11. Like
    diadromous mermaid got a reaction from user19000 in Need Help. I think I have been scammed for K-3 Visa by my Dominican wife   
    You do? I don't see proof in your explanation of the facts. The fact of the matter as I see it is that you are reaping the rewards of having "called her bluff". Of course she would have recourse, provided by an immigrants' assistance group. You were threatening to have her deported, when you don't have the right or the power to do so. You should simply have honoured her request and proceeded to divorce.
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