what should i do?

[mrs.jenjen 0]

"Now i just got email from him and he says he is coming back through the guy who was letting him work and he dont need me. Makes me feel like a real fool. Oh he says he will be with me here but he doesnt want to come under my sponsership."

So, let me get this straight. He came in on a K1, and didn't AOS yet right? So he COULD have an EAD, but if he does its only a 90 day one.

I'm guessing he's been working illegally through this guy, right? So this boss guy is going to march up to the USCIS and say "Hey Mr Immigration officer, I want to petition for my illegal worker to come to come back the US legally?"

OK. I don't know many people who will do this, but whatever.

So this indian guy has previously shown immigrant intent by marrying you, may or may not have broken the terms of his visa by working illegally, and still thinks the USA is going to welcome him back with open arms dispite the almost impossible rules for getting a working visa in the first place.

Shannon_monique, go and read up on the conditions needed to get a H1B visa or the equivalent. Then smile and wait for the email begging to you help him back into the US. Because in my opinion, he's living in fantasy land right now.

As far as I'm concerned, I think you should take all of this as a very very lucky break on your part, and do not consider helping him come back under any circumstances. You are worth more than he can offer. Besides, the guy refused to even live with you after you were married. Doesn't that say enough?

I'm sorry you've had a hard time, I really am. No one deserves to be treated the way you have been. But I still think you have had a lucky escape. *hugs*

[LaL 418]

to answer the OP's original question, If you want him to come back you will need to file K3 or CR1. Advance parole needed to be submitted along with AOS so that is a no-go.

regardless of anything else, if your question is to be reunited, this is the way to go. I think obtaining a work visa from an employer will be a far far fetched idea since he is married to a USC. Maybe I am wrong, but I am sure as usual, someone will correct me on this if I am.

[dmartmar 1]

He can stay through an employer based visa.

It looks as if he already had this job opportunity waiting for him before coming here and she was just his way in.

Edited May 16, 2006 by dmartmar

[babybunny 2]

Divorce his sorry low down ###!

he is a dirty piece of poo. I think you really need to think hard about this. you lost 2 babies.

and have a daughter that is suffering. you want to keep playing this game? life is too short.

you deserve someone to make you happy and be complete.

[Indo_mommy 0]

Shannon,

I'm truly sorry to hear that you have to go thru so much pain. The only peace of advice I could give you is think deeply before you make any decision and I pray that you and your daugther will find the happiness that you both truly deserve.

[JenT 0]

Shannon,

Stop and think about what you want for the rest of your life. After my divorce, I made a list of all of the things I 'didn't want' in a person and then turned them around in a positive way:

For example: "I don't want someone who relies on me for their happiness" was turned into "I want someone who knows how to find happiness and wants to share that with me".

After you've made that list, compare it to what you see in your husband. Then decide if the marriage is worth salvaging.

All the best, Jen

[Yodrak 7]

Gatorfan,

If the marriage took place in the USA the K3 visa application can be made in the alien's country of residence.

Yodrak

But I believe, with a k-3, the interview needs to take place in the country the where the marriage occured. How could he come here for the K-3 visa interview, if the doesn't already have a visa. I believe your only option is to go with a CR-1 visa.

lal_brandow,

Interesting similarity of circumstances, equally interesting dissimilarity of viewpoint.

Yodrak

I just had an observation regarding this situation. I am sorry this seems to be a continual situation in your relationship. Is it possible your relationship is toxic? Is it possible this is is the other side of the story ?

...

[Peikko 1,575]

However good intentioned the posts are re your situation (and I do believe they are good intentioned), to try to untangle the web of your marriage via a message board is perhaps not your best strategy.

I believe you would be better served by consulting a trained marriage guidance councilor for any emotional problems you may be encountering and using this message board for purely immigration related issues.

I realise that it is easy to get drawn into these discussions by the well meaning posts of those who feel for you and would like to help you. However, I can't help but feel this is not in your best interests.

I know there are situations where the support of a message board community are helpful, but it would appear as though this is way beyond that kind of situation.

Whatever you decide to do, I hope it all turns out for the best.

[maya62 7]

Somebody already asked this, but I didn't see where it was answered, and I thought it was an astute question especially now given the latest claim that the OP's husband says he is now going to re-enter the US via an employer.

How does the OP know, for certain, that her husband actually left the US?

Please forgive me if this question was answered and I missed it.

This all sounds very difficult and heart-wrenching, and I hope you are able to find a peaceful solution, especially for your daughter's sake.

Maya

[shit head 0]

Well i really dont know if he left usa for 100%. However he did call me yesterday and it sounded like he was in india. the connection was really bad and when he called me was like 2 am here in usa time and on phone i heard so much chaos and motor bikes ect... Now he says he loves me so much and that time and bad luck forced him to move back but now he wants to come back and he changed his story now.. He says he will come back just for me and asked me to start a k3 .. But to me.. its all so soon... I just finished the k1 visa and he came in jan under that and i think it would look silly if i all of a sudden went for k3. Does anyone know if he can file any sort of waiver with the embassy like explaining to them why he didnt file advanced parole ect or is that not an option.. I just hate to think of starting over with a whole new visa process. I dont know if anyone ever experience this but when u from being apart for more than 2 years and then travel down k 1 route and are together in real , living together, marry legally and then for my husband just to leave me cause of some fights and circumstance its really painfull.

But if anyone knows if he can file any waiver that would be appreciated . thanks

[000OOO000 0]

Shannon all I can say is remember the pain he caused and is causing you. You are giving him 9 lives.

Edited May 17, 2006 by LMR

[shit head 0]

About a CR1 visa and K3 what is the difference?... If we legally married here in the usa, then can i still do a k3 or what other visa must i look under.. Well this is really big mess for us now..

[000OOO000 0]

Why are believing everything hes telling you? I knew he would call and act like he is so very sorry plz take me back and your falling for it all over again! When your on the inside you dont see the obvious. Do as you wish.

[shit head 0]

Lmr.. Yes your r right.. But I do Love him so much and i believe when i married him it should be for life not just break apart because of fights and such. Yes we have had alot of problems in real life due to him adjusting to life here and so forth.. But well even if it all ends now.. I told him I dont care if you will love me forever and ever , my love is true and no matter near or far my love is there and whatever happens I leave that to God. No matter what my love is enough for both of us. Just really sad..

[iceyspots 0]

ok he wants to repair it now? maybe he looked over the guidelines of the work visa and found out that it was a no-go...