K3 Divorce

[miansahib 0]

My ex-wife unfortunately turned out to be something else. She is back in Pakistan and I have asked her not to return. The K3 visa approval was done through Islamabad. Her K3 expires in 3 days, I am still concerned as she could possibly try to file for green card, I have spent the past month trying contacting USCIS, VSC, and Islamabad US embassy regarding withdrawing the affidavit of support position. I am close to losing my patience as one tells me to call the other and the other tells me to call the other basically sending me in a loop. What do I have to do to get this withdrawn? Also is there anything else I need to do in the states as the I have done thing to cancel this marriage, legally. Thank you all for the help.

Edited February 19, 2009 by miansahib

[YuAndDan 153]

To adjust status from a K-Visa your Ex-Wife would still need to be married to YOU, and YOU would be REQUIRED to provide an I-864 to be attached to the I-485. AOS from a K-Visa can only be filed based on marriage to the person who filed the I-129F for the K-Visa.

The K-3 is no longer valid, because the petitioner and beneficiary are no longer married.

Time to move on and don't worry about this anymore, it won't be a problem.

[miansahib 0]

To adjust status from a K-Visa your Ex-Wife would still need to be married to YOU, and YOU would be REQUIRED to provide an I-864 to be attached to the I-485. AOS from a K-Visa can only be filed based on marriage to the person who filed the I-129F for the K-Visa.

The K-3 is no longer valid, because the petitioner and beneficiary are no longer married.

Time to move on and don't worry about this anymore, it won't be a problem.

But I am not legally divorced in any way here. Also, I know for the fact that she can file that without me being around as she is very deceptive. She stole a lot of documents I had and has previous copies of I-864.

I would feel a lot better if I withdrew the affidavit of support, she married me for green card and will do anything to get it if she can.

[sara..... 371]

im sorry but she kind of has u because as ur well aware even if u divorce her according to Islam you have to support her at least some.

kind of looks like if u dont want to be part of the aos u need to file for divorce so that you can show proof that there is no longer a legal marraige.........i dont know if this was match marraige between the families and divorce may create a huge problem or not but my prayers are with u

sara

[miansahib 0]

I have a child too (which she planned and I did not), I feel like I have lost enough now. Funny thing is there are certain things you do in Islam that get you automatically divorced and she did one of those things (which I will not discuss). I did not have to say you are divorced three times. I got serious family issues but that there is nothing I can do regarding nor would I. All I am concerned with is do I have to mail the letter for withdrawl of affidavit of support to Islamabad. If so what is the procedure. The worst thing that can happen now is her coming back to cause more trouble.

[YuAndDan 153]

I have a child too (which she planned and I did not), I feel like I have lost enough now. Funny thing is there are certain things you do in Islam that get you automatically divorced and she did one of those things (which I will not discuss). I did not have to say you are divorced three times. I got serious family issues but that there is nothing I can do regarding nor would I. All I am concerned with is do I have to mail the letter for withdrawl of affidavit of support to Islamabad. If so what is the procedure. The worst thing that can happen now is her coming back to cause more trouble.

All you can do is:

Divorce, and provide this info to USCIS with A# from I-129F NOA2 attached.

OR

Report her to USCIS using A# and indicate to them that any I-864 with your name on it will be fraudulent, IF she does attempt to AOS she will need a current I-864 with CURRENT financial evidence. USCIS will NOT rubberstamp an AOS with a report on file.

[teenutty 0]

I have a child too (which she planned and I did not), I feel like I have lost enough now. Funny thing is there are certain things you do in Islam that get you automatically divorced and she did one of those things (which I will not discuss). I did not have to say you are divorced three times. I got serious family issues but that there is nothing I can do regarding nor would I. All I am concerned with is do I have to mail the letter for withdrawl of affidavit of support to Islamabad. If so what is the procedure. The worst thing that can happen now is her coming back to cause more trouble.

Get your legal divorce here in USA. Send copies (certified by the Court clerk where the divorce decree was issued) to the National Visa Center with your wife's visa #/case # and say you would like to withdraw the Affidavit of Support and that your wife is currently back in Pakistan.

[miansahib 0]

I have a child too (which she planned and I did not), I feel like I have lost enough now. Funny thing is there are certain things you do in Islam that get you automatically divorced and she did one of those things (which I will not discuss). I did not have to say you are divorced three times. I got serious family issues but that there is nothing I can do regarding nor would I. All I am concerned with is do I have to mail the letter for withdrawl of affidavit of support to Islamabad. If so what is the procedure. The worst thing that can happen now is her coming back to cause more trouble.

Get your legal divorce here in USA. Send copies (certified by the Court clerk where the divorce decree was issued) to the National Visa Center with your wife's visa #/case # and say you would like to withdraw the Affidavit of Support and that your wife is currently back in Pakistan.

That is what I'm confused over, we never married in the USA only in Pakistan. The only case # I have now if the K3 approval from Islamabad.

Thanks.

[YuAndDan 153]

I have a child too (which she planned and I did not), I feel like I have lost enough now. Funny thing is there are certain things you do in Islam that get you automatically divorced and she did one of those things (which I will not discuss). I did not have to say you are divorced three times. I got serious family issues but that there is nothing I can do regarding nor would I. All I am concerned with is do I have to mail the letter for withdrawl of affidavit of support to Islamabad. If so what is the procedure. The worst thing that can happen now is her coming back to cause more trouble.

Get your legal divorce here in USA. Send copies (certified by the Court clerk where the divorce decree was issued) to the National Visa Center with your wife's visa #/case # and say you would like to withdraw the Affidavit of Support and that your wife is currently back in Pakistan.

That is what I'm confused over, we never married in the USA only in Pakistan. The only case # I have now if the K3 approval from Islamabad.

Thanks.

You do have a marriage certificate and translation, you can claim abandonment, and can file for a Divorce in absentia. You will need to check with your state to determine how this is done, perhaps consulate with a lawyer.

[miansahib 0]

I have only scanned copies of those items, I guess I will try to consult a lawyer.

[pushbrk 12,877]

I have only scanned copies of those items, I guess I will try to consult a lawyer.

When you do, you'll get a lot more valuable responses if you'll stop referring to your wife as your ex-wife. You are still married.

[caybee 21]

You said her K-3 visa expires in three days (now two days), she is in Pakistan, and she hasn't yet adjusted status, so she doesn't have a green card. If she doesn't get back to the states in the next couple of days, she'll won't be able to enter the U.S. to file AOS anyway, will she?

[diadromous mermaid 36]

I have a child too (which she planned and I did not), I feel like I have lost enough now. Funny thing is there are certain things you do in Islam that get you automatically divorced and she did one of those things (which I will not discuss). I did not have to say you are divorced three times. I got serious family issues but that there is nothing I can do regarding nor would I. All I am concerned with is do I have to mail the letter for withdrawl of affidavit of support to Islamabad. If so what is the procedure. The worst thing that can happen now is her coming back to cause more trouble.

Are you divorced already? Can you demonstrate that you've been divorced for 30 days?

[sara..... 371]

You said her K-3 visa expires in three days (now two days), she is in Pakistan, and she hasn't yet adjusted status, so she doesn't have a green card. If she doesn't get back to the states in the next couple of days, she'll won't be able to enter the U.S. to file AOS anyway, will she?

thats kind of what i was thinking if no aos has been done then she can not enter into the usa unless its with in the time frame that she has left on the k3...........

after that he can just do the divorce legally cuz usa does not recognize some of our issues or law in Islam, he would really need to comply with the legal laws in usa regarding divorce.

i understand why he says he is divorced because according to islam he is but that does not fly with the way the usa say legal divorce has to be done

sara

[miansahib 0]

You said her K-3 visa expires in three days (now two days), she is in Pakistan, and she hasn't yet adjusted status, so she doesn't have a green card. If she doesn't get back to the states in the next couple of days, she'll won't be able to enter the U.S. to file AOS anyway, will she?

thats kind of what i was thinking if no aos has been done then she can not enter into the usa unless its with in the time frame that she has left on the k3...........

after that he can just do the divorce legally cuz usa does not recognize some of our issues or law in Islam, he would really need to comply with the legal laws in usa regarding divorce.

i understand why he says he is divorced because according to islam he is but that does not fly with the way the usa say legal divorce has to be done

sara

Ok so, I should have to worry bout her being able to AOS, that is good. Then I just need to file divorce in court here? For the folks that have been through this, and I hope that no one goes through it, I just think about all that time spent getting her here and for what? amazing what life brings you.