hello : ) any advice for an Old vj'er???

[deemabrouk 0]

Hello everyone. I was just re-reading my old post from almost One years ago!!! Geeze how the time flys!!!

*brief low down on the current stuff*

Well.... I have not spoken to my "husband" in almost a year. He started pulling the crazy sh!t again... This past Saturday he started blowing up my phone, at first demanding to know if we were getting a divorce (um... Derr!! hellz Yes!) then went on to say that we can fix this... forget about the past... his life has changed and is doing good (just found out he lives in another state now). His dismissal of everything he put me and my family through got me so upset.... and was quick to point out thatHE was calm and i was the one raising my voice and cry I eventually hung up on him.

then a few hours later, I start getting random phone calls from this woman stating "That she wanted to learn about Islam and a friend told her to call me/ gave out my phone #. She was told that I come from a background of drugs and alcohol and she is trying to get out off all that" - At this point I almost lost it!!! I found out that friend was my husband, which she stated was a close friend. Anyways, at that point I told her that if she wanted religious teaching to go to a mosque, that she was grossly misinformed about the drugs and alcohol and that this was completely inappropriate!

Then I found out he called my "friend" (the one that introduced us) He told her that he was doing horrible, things were very bad in his life and that it was all my fault for ruining their friendship

Then i found out he called my aunt -stated that he needs to speak to me. And that he want to move on with his life and get married.

SO... that leads me up to the real meaning of posting this.......

I have held off getting a divorce because I waiting for his visa (under my name/ marriage) to expire. This July will be when it is up. ANd i am hell bend on not being his golden ticket into this country....... !!!

Now, once it expires, will he have to leave the country if he tries to put in new papers under another womans name??

And can i try to have his case flagged due to the abuse???? (and no i did not get a restraining order BUT the community/ religious figures and family all were aware)

And if there were a way to get his case flagged (and i know most likely USCIS does not know where his current address is) would I write a letter to a senator??? congress person????

I'm getting alot of flack from my family who thinks i should just be done with him, hurry up and divorce him and let him go get remarried (which i know he would in a heart beat). I truely think this is wrong. This was not the reason for him to come here. He came here.... abused me in every way possible and made my home a living hell for me and my children. My kids had to go into therapy. Why should i let him have this opportunity?!

** side note... I've gone back to school! I love it - so far a 4.0 average (who woulda known !!! My kids are finally getting back to "normal". I have a new Love - her name is Bella (a boston terrier )!!! Life is finally changing for the better!! **

[Minya's wife 25]

Hello everyone. I was just re-reading my old post from almost One years ago!!! Geeze how the time flys!!!

*brief low down on the current stuff*

Well.... I have not spoken to my "husband" in almost a year. He started pulling the crazy sh!t again... This past Saturday he started blowing up my phone, at first demanding to know if we were getting a divorce (um... Derr!! hellz Yes!) then went on to say that we can fix this... forget about the past... his life has changed and is doing good (just found out he lives in another state now). His dismissal of everything he put me and my family through got me so upset.... and was quick to point out thatHE was calm and i was the one raising my voice and cry I eventually hung up on him.

then a few hours later, I start getting random phone calls from this woman stating "That she wanted to learn about Islam and a friend told her to call me/ gave out my phone #. She was told that I come from a background of drugs and alcohol and she is trying to get out off all that" - At this point I almost lost it!!! I found out that friend was my husband, which she stated was a close friend. Anyways, at that point I told her that if she wanted religious teaching to go to a mosque, that she was grossly misinformed about the drugs and alcohol and that this was completely inappropriate!

Then I found out he called my "friend" (the one that introduced us) He told her that he was doing horrible, things were very bad in his life and that it was all my fault for ruining their friendship

Then i found out he called my aunt -stated that he needs to speak to me. And that he want to move on with his life and get married.

SO... that leads me up to the real meaning of posting this.......

I have held off getting a divorce because I waiting for his visa (under my name/ marriage) to expire. This July will be when it is up. ANd i am hell bend on not being his golden ticket into this country....... !!!

Now, once it expires, will he have to leave the country if he tries to put in new papers under another womans name??

And can i try to have his case flagged due to the abuse???? (and no i did not get a restraining order BUT the community/ religious figures and family all were aware)

And if there were a way to get his case flagged (and i know most likely USCIS does not know where his current address is) would I write a letter to a senator??? congress person????

I'm getting alot of flack from my family who thinks i should just be done with him, hurry up and divorce him and let him go get remarried (which i know he would in a heart beat). I truely think this is wrong. This was not the reason for him to come here. He came here.... abused me in every way possible and made my home a living hell for me and my children. My kids had to go into therapy. Why should i let him have this opportunity?!

** side note... I've gone back to school! I love it - so far a 4.0 average (who woulda known !!! My kids are finally getting back to "normal". I have a new Love - her name is Bella (a boston terrier )!!! Life is finally changing for the better!! **

I may be off base here, and I'm sure someone will come along and correct me if so, but once a divorce is granted(even if it is after the expiration of his K-3), I don't know that he cannot just marry again and apply for AOS w/ his new wife. IF he remains in the country after his visa expires, he will go into an "overstay' situation, which is 'forgiven' once he adjusts status based on marriage to a US citizen. Maybe I'm wrong in my interpretation, and if I am, hopefully someone can soon offer a correct explanation to your question. I know that K-1-s are tied to adjusting status only with the USC who petitioned them....but I do not know the restrictions placed on K-3's in re. this issue, as before one goes the K-3 route I-130 spousal petition, must first be approved by USCIS, in effect already validating said marriage.

As for your other question...it may be hard to have his 'case' flagged for abuse...especially if, as you, say you have not obtained a restraining order. (That is usually the legal documentation of the abuse.) Which agency were you thinking of, as far as doing this? Maybe upon initiating divorce proceedings you can send a letter to USCIS, to be included in the file w/ your petition, describing the abuse you suffered at the hands of your husband...but I do not know how that would be an impediment to him....which is kinda what it sounds like you're wanting to do.

I'm glad that things are looking up for you and your children. I wish you more good things to come.

Good luck,

-P

[diadromous mermaid 36]

Why would you wait to divorce? K visa recipient must adjust status through the initial petitioner.

What are the limitations of a K-3 visa?

The USCIS only admits K-3 spouses for a two-year period. The USCIS may grant extensions of K-3 visas in two-year increments if the marriage-based I-130 visa petition, the adjustment of status application, or the immigrant visa petition is still awaiting adjudication.

A K-3 visa holder's authorized stay will expire thirty days after any of the following events:

a. The USCIS denies the I-130 visa petition filed by the United States citizen petitioner on the K-3 visa holder's behalf;

b. The USCIS denies an adjustment of status application filed by the K visa holder; or

c. If for some reason, the K-3 visa holder decides to apply for an immigrant visa at the appropriate United States consulate abroad, the consulate denies the immigrant visa application.

d. Termination also will automatically occur 30 days after the divorce of the K-3 spouse from the United States citizen petitioner.

Hello everyone. I was just re-reading my old post from almost One years ago!!! Geeze how the time flys!!!

*brief low down on the current stuff*

Well.... I have not spoken to my "husband" in almost a year. He started pulling the crazy sh!t again... This past Saturday he started blowing up my phone, at first demanding to know if we were getting a divorce (um... Derr!! hellz Yes!) then went on to say that we can fix this... forget about the past... his life has changed and is doing good (just found out he lives in another state now). His dismissal of everything he put me and my family through got me so upset.... and was quick to point out thatHE was calm and i was the one raising my voice and cry I eventually hung up on him.

then a few hours later, I start getting random phone calls from this woman stating "That she wanted to learn about Islam and a friend told her to call me/ gave out my phone #. She was told that I come from a background of drugs and alcohol and she is trying to get out off all that" - At this point I almost lost it!!! I found out that friend was my husband, which she stated was a close friend. Anyways, at that point I told her that if she wanted religious teaching to go to a mosque, that she was grossly misinformed about the drugs and alcohol and that this was completely inappropriate!

Then I found out he called my "friend" (the one that introduced us) He told her that he was doing horrible, things were very bad in his life and that it was all my fault for ruining their friendship

Then i found out he called my aunt -stated that he needs to speak to me. And that he want to move on with his life and get married.

SO... that leads me up to the real meaning of posting this.......

I have held off getting a divorce because I waiting for his visa (under my name/ marriage) to expire. This July will be when it is up. ANd i am hell bend on not being his golden ticket into this country....... !!!

Now, once it expires, will he have to leave the country if he tries to put in new papers under another womans name??

And can i try to have his case flagged due to the abuse???? (and no i did not get a restraining order BUT the community/ religious figures and family all were aware)

And if there were a way to get his case flagged (and i know most likely USCIS does not know where his current address is) would I write a letter to a senator??? congress person????

I'm getting alot of flack from my family who thinks i should just be done with him, hurry up and divorce him and let him go get remarried (which i know he would in a heart beat). I truely think this is wrong. This was not the reason for him to come here. He came here.... abused me in every way possible and made my home a living hell for me and my children. My kids had to go into therapy. Why should i let him have this opportunity?!

** side note... I've gone back to school! I love it - so far a 4.0 average (who woulda known !!! My kids are finally getting back to "normal". I have a new Love - her name is Bella (a boston terrier )!!! Life is finally changing for the better!! **

[ronjie 0]

not sure but, isn't he supposed to notify USCIS of his new address within 30 days? if hes been gone for a long time that will be a problem. how big a problem? I'm not sure.

[UmmSqueakster 54]

Hey, I've been wondering how you were doing! I'm glad to hear things are looking up for you and your kiddos

I'm trying to remember the specifics of what you've done re: USCIS. You sent the AOS, but you pulled it, didn't you? If he doesn't adjust status with you, he can't adjust status with anyone.

[*JG* 2]

What a bi-polar jacka$$ he is. I'm so sorry.

Does he have a conditional green card and would file to remove conditions?

[Caladan 19]

What mermaid said: he entered on a K, so he can only adjust through you. If you two divorce, his K expires 30 days after the marriage is terminated.

[deemabrouk 0]

well.... that would be great if it would expire within 30 days!

(rahma... he came here on a K-3. when he came i mailed the papers for AOS. he started acting up. i canceled the checks which then the papers got denied due to "improper" filing... and in the end I had to pay them anyways... with interest )

but when the poop hit the fan and I called immigration they told me that he got approved a 2 year visa... so even if we divorced... he had the rights to stay until the visa expired. That's when I was like "What?! He came here started abusing me.. I had to flee my house with my children.. He finally left. I dont even know where he is. And thats just fine?!" She basically said well he has to inform them of any address change but other than that they can't do nothing else. His visa was valid up for 2 years upon enter in the country.

Maybe the lady was a tart and didnt know what she was talking about BUT that was the info I got

[~PalmTreeGurl~ 154]

hey Dee!!! I missed ya girly! Welcome back to VJ!!!

[Ursa Tripudio 2]

There is the AR-11 requirement... You might report him for evading Homeland Security.

Maybe, he's starting to see the end of the tunnel (July) and is getting anxious. Maybe, (as you assume) he has a sucker on the line. I think you're right - don't give him his freedom in our country.

If he continues, get the PPO (restraining order) - nothing to it. Document his crazy behavior and try getting the abuse flag before July.

Don't let him get to you (or your family). You are in the position of power: You don't need to talk to him or the people he connives into harassing you.

Congrats on the 4.0! Keep that (& your chin) up.

[UmmSqueakster 54]

Ok, I just want to get all the facts straight so that one of our more knowledgable members can give the best advice based on all the information.

He got a 2 year visa - is this refering to the K-3?

Did he ever get a green card?

Perhaps it's time to call the misinformation line again, or make an info pass appointment and see if they say something differently.

I think in the end though, even if you don't divorce him until 2 years are up, he's screwed. He can't marry someone else and adjust through them.

[desert_fox 32]

If he never adjusted status based upon marriage to you, then he will be unable to do so with another wife, since he entered on a K visa.

If he is anxious for a divorce, use it as leverage and let him pay for it.

[maya62 7]

well.... that would be great if it would expire within 30 days!

(rahma... he came here on a K-3. when he came i mailed the papers for AOS. he started acting up. i canceled the checks which then the papers got denied due to "improper" filing... and in the end I had to pay them anyways... with interest )

but when the poop hit the fan and I called immigration they told me that he got approved a 2 year visa... so even if we divorced... he had the rights to stay until the visa expired. That's when I was like "What?! He came here started abusing me.. I had to flee my house with my children.. He finally left. I dont even know where he is. And thats just fine?!" She basically said well he has to inform them of any address change but other than that they can't do nothing else. His visa was valid up for 2 years upon enter in the country.

Maybe the lady was a tart and didnt know what she was talking about BUT that was the info I got

So he has a 2 year greencard and must remove conditions now? Confused.

Edited October 10, 2008 by maya62

[russian_armenian 4]

Deemabrouk,

Sounds like he got a conditional GC for 2 years. Some AOS applications were approved without interview. Instead of canceling checks, you should have revoke your I-30 for him (is it what you have sent with I-485 and employment application).

He is a permanent resident now but he has to romove conditions on his status in 2 years. By doing so, he should provide evidence that the marraige was fona fide-you two lived together, shared financial responsibility, etc. From what you write-I gather that he would have enough evidence to prove that you two indeed were married (he will get testimonies from friends, family that they knew about marraige; he will show that he has lived with you, etc).

He does not need you to remove conditions on his status (and after that he will get 10 year GC). He can petition himself and does not need your signature.

But here is a catch-to pettion himself without you, he needs divorce decree (without final decree he cannot get a waiver from both signatures requirements). Without divorce decree his removal conditions pettion would take a very long time to adjudicate-at 2 years if no divorce, he cannot file and so his permanent residency status is revoked. But he can go to judge and will get extention on his LPR status till divorce degree is final. After that he sends petion to remove conditions and has to prove that marraige was bona fide to immigration officer.

You see, divorce speeds up his process. By withholding divorce, you make his life very uncertain. Plus, if he gets divorce, he can marry again and start a new GC process in case if he feels that he does not have enough docs to prove that marraige to him was bona fide (only if USCIS decided that he commited fraud though marraige to you, he would be barred from any future AOS process; but more likely that his removal conditions application might be only denied due to lack of sufficient evidence to support bona fide marriage-so, he could get GC though a new marraige).

You can write to USCIS and make an infopass and tell the story of your marriage. It will flag his future removal condtions file-nothing more. Check divorce procedures in your state or state he lives -he can file for divorce and can get in on time for his removal interivew conditions (usually about 6mo-1 year after he submits application). Sounds like he found a drug junkee to help him in a new marriage AOS application. Tell USCIS about his new girlfriend too, specially about alcohol and drugs. Make more flags.

well.... that would be great if it would expire within 30 days!

(rahma... he came here on a K-3. when he came i mailed the papers for AOS. he started acting up. i canceled the checks which then the papers got denied due to "improper" filing... and in the end I had to pay them anyways... with interest )

but when the poop hit the fan and I called immigration they told me that he got approved a 2 year visa... so even if we divorced... he had the rights to stay until the visa expired. That's when I was like "What?! He came here started abusing me.. I had to flee my house with my children.. He finally left. I dont even know where he is. And thats just fine?!" She basically said well he has to inform them of any address change but other than that they can't do nothing else. His visa was valid up for 2 years upon enter in the country.

Maybe the lady was a tart and didnt know what she was talking about BUT that was the info I got

[diadromous mermaid 36]

Sounds like the information was a bit confusing. The K-3 is a two year visa. Of course, prior to it expiring the alien should file to adjust status. Deemabrouk stated she cancelled the check that accompanied the AOS submission and it was denied, so it's not clear from her post whether the AOS was denied, or she was later required to submit payment

well.... that would be great if it would expire within 30 days!

(rahma... he came here on a K-3. when he came i mailed the papers for AOS. he started acting up. i canceled the checks which then the papers got denied due to "improper" filing... and in the end I had to pay them anyways... with interest )

but when the poop hit the fan and I called immigration they told me that he got approved a 2 year visa... so even if we divorced... he had the rights to stay until the visa expired. That's when I was like "What?! He came here started abusing me.. I had to flee my house with my children.. He finally left. I dont even know where he is. And thats just fine?!" She basically said well he has to inform them of any address change but other than that they can't do nothing else. His visa was valid up for 2 years upon enter in the country.

Maybe the lady was a tart and didnt know what she was talking about BUT that was the info I got

So he has a 2 year greencard and must remove conditions now? Confused.