Jump to content

54 posts in this topic

Recommended Posts

Filed: Timeline
Posted
I think ur counfusing alot of us, lol, its clearly stated she asked for divorce because we "dont understand each other", which means, "i dont want u anymore thanks for bringing me to this great nation goodbye"!

Not confused. Understood completely. You still do not understand you contradicted yourself numerous times.

she wanted to wait until THE NIGHT OF OUR WEDDING RECEPTION! and i agreed to that! I hope i cleared it up for u, i dont need to record her, i dont want to see or speak to her so i wont be accused of abuse of any sort.

I know. I know.

You are upset. Understandable. Please read right here below in your own words what you have said at least FOUR TIMES:

Yea 10 days before our wedding, it was all setup all along. 10 days before the wedding she tells my and family and i that we dont understand each other, So i tell her lets push the wedding date back to give us more time, as soon as i said that she said she wants a divorce.

...That's why she waited 10 days before our wedding date.

Now you clearly meant to say WEDDING RECEPTION in these quotes above. I was trying to point out where YOU have REPEATEDLY said "wedding" when you meant "wedding reception". And you confused people by doing that.

It is clear to me you have been saying "wedding" when you mean "wedding reception" because in your mind, like everyone else, the term "wedding" means sex and living together.

People have wedding receptions immediately after the wedding ceremony itself so it is bizarre to schedule a "reception" five months or whatever after the wedding.

Please answer the question about what country she is from. Thanks.

VERY WELL SAID rlogan

I'll repeat this one more time: In this region, MENA (which includes Jordan, the country the OP's spouse is from) the word "wedding" means "WEDDING PARTY" which to Americans means reception. Americans get married without receptions all of the time. The vast majority of our marriages are published in the local newspaper and that's how everyone who cares to know and didn't attend the ceremony or reception learns of it.

That's not how it is here. The marriage is "published" by having the WEDDING PARTY where the marriage is announced to friends/family/the neighbors. Brides frequently wear white wedding dresses at their WEDDING PARTY. The couple cannot and does not dare live together, or even consider being alone in a room together so consumating the marriage is out of the question without a WEDDING PARTY. The WEDDING PARTY can be a banquet at a fancy hotel or it can be soda and cake in the family's living room, but THERE HAS TO BE A WEDDING PARTY OR THEY AREN'T MARRIED. The WEDDING PARTY is the actual wedding. Signing the marriage contract does not make a marriage. That is considered the engagement period for a lot of couples.

I can't emphasize enough how important that WEDDING PARTY is and how the OP is stating a factual representation of, culturally, how it is.

In America, he's married because they had an official, on paper marriage. In Jordan, he's not married because there was no WEDDING PARTY. Same thing goes for his wife. She can run back to Jordan a single, never been married woman. When he divorces her, she will only be considered divorced in the United States because, technically, in Jordan she was never married.

Very well put, thank you!

  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

Filed: K-1 Visa Country: Philippines
Timeline
Posted
This pretty much answers my quagmire!

Q: My US citizen spouse and I divorced before the I-485 adjustment of status application was approved. Am I still eligible for adjustment of status based on my prior marriage to the US citizen?

A: As a general rule, the regulations require that the marriage be viable. If the marriage terminates by divorce or annulment before the adjustment of status is granted, the beneficiary will not be eligible for permanent resident status through this relationship. It is strongly advised that an alien consult an immigration specialist if faced with this dilemma. If the beneficiary began the process as a K visa holder, then adjustment will not be possible other than through the initial US citizen petitioner. An exception exists if an alien was subject to abuse and qualified under the VAWA provisions.

Hi hellonew. Again, my sympathies.

She can still apply on her own. As a nonmarried applicant. The application you made for her is voided by the divorce. But if she can show that the marriage was entered into in good faith, they will allow her to stay. You will not be liable for her support though.

She will find it impossible to prove it was entered into in good faith, unless she has all kinds of documentation proving it. But by withdrawing your applications - it is over for her insofar as your AOS application for her.

It's a different culture. In this region (ME/NA) it is NOT unusual at all to do the paperwork and wait months for the wedding party ("reception"). Some even sign the marriage contract and consider it an engagement because without a wedding party there is no marriage.

This is the problem as I see it. This guy is, technically, married. He will have to divorce. However, in his wife's mind, since there was no wedding party she never really married him.

With all due respect - you're wrong. Because you are pretending a mariage license here is the same thing as a marriage contract in MENA, which ironically is the very thing you are also claiming people do not understand.

You are being sloppy about the definition of "paperwork", and I do not feel it is advisable to in effect offer people counsel to do legally binding things here based on foreign cultural idiosyncracies having no bearing on marriage in the USA.

The marriage contract in MENA is most definitely not the same thing as submission of a marriage license to a government here in the USA. That is the whole point of this discussion. So you can't use "paperwork" interchangeably between the two countries as you have when you say it is "not unusual at all to do the paperwork months before..."

Doing the "paperwork" here means being legally married. So it is not advisable at all for people coming in from MENA to view this as the same thing as a "marriage contract" that merely spells out what the obligations are once the legal marriage has happened.

He could have done EXACTLY as he did in the home country: signed a marriage contract with his intended bride's family, describing his obligation to provide a house, the dowry and bride price, or whatever terms they want. That kind of thing would be filed at the county recorder's office, and would be legally binding just like any other contract. It would state that the obligation begins at the time the marriage license is completed and filed.

Filing a marriage contract like that here and recording it would not be a marriage itself, just like it would not have been a legally binding marriage in MENA.

And then he could have had the Marriage Ceremony (call it reception or whatever you want but the fact of the matter is there is not a marriage ceremony before then) and at the same time file the completed Marriage License at the county courthouse.

So a real dis-service is being done to those reading this, who are led to believe by the repeated glossing-over of vocabulary and conflating one thing with another.

"paperwork" means "marriage contract" in MENA - which is essentially a property agreement in conjunction with marriage.

"paperwork" here is a marriage license and is not even remotely the same thing as a property agreement. It is the legally binding recording of a marriage.

So it is absolutely in no way similar to file a marriage license here as compared with agreeing on an "old custom" property exchange in MENA.

People from MENA should be discouraged, not encouraged, from filing formal marriage licenses here under the theory that it is the same thing as a non-legally binding property agreement that only takes effect after the marriage becomes legally binding.

Bottom Line: You CAN do EXACTLY THE SAME THING here. The same steps taken in MENA. But it is not accomplished by doing the wrong thing and getting legally married here before you live together as husband and wife.

Cheers to all.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

This is very simple, OP did a court house marriage here in the US. Before the wedding party the wife decides that she doesn't want to be married. OP files for divorce and pulls the AOS. Wife can try to get AOS on her own. OP isn't on the hook for sponsorship.

Sorry to hear about the ####### you've gone through hellonew. Sounds like you've covered all the bases.

Interesting comments from both the IO and Bobby's friend.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted
It's a different culture. In this region (ME/NA) it is NOT unusual at all to do the paperwork and wait months for the wedding party ("reception"). Some even sign the marriage contract and consider it an engagement because without a wedding party there is no marriage.

This is the problem as I see it. This guy is, technically, married. He will have to divorce. However, in his wife's mind, since there was no wedding party she never really married him.

With all due respect - you're wrong. Because you are pretending a mariage license here is the same thing as a marriage contract in MENA, which ironically is the very thing you are also claiming people do not understand.

With all due respect, you're wrong because I'm not pretending anything. The marriage license, contract, and divorce settlement are all wrapped up into one document in a ME/NA marriage.

You are being sloppy about the definition of "paperwork", and I do not feel it is advisable to in effect offer people counsel to do legally binding things here based on foreign cultural idiosyncracies having no bearing on marriage in the USA.

No I'm not because I know what that "paperwork" is and what it means. I have that same "paperwork" for my own marriage. It's the same paperwork I took to the Embassy along with the I-130 application and two albums full of pictures off our WEDDING PARTY.

The marriage contract in MENA is most definitely not the same thing as submission of a marriage license to a government here in the USA. That is the whole point of this discussion. So you can't use "paperwork" interchangeably between the two countries as you have when you say it is "not unusual at all to do the paperwork months before..."

That's because there is no marriage license in MENA. All of the encumberances a marriage license would include are in the contract - age of the couple, prior marriages, etc. A marriage license is permission from government to marry. It's not the same thing as the marriage certificate issued afterwards, is it? No marriage licence in MENA. No marriage certificate. Just the contract.

Doing the "paperwork" here means being legally married. So it is not advisable at all for people coming in from MENA to view this as the same thing as a "marriage contract" that merely spells out what the obligations are once the legal marriage has happened.

The marriage contract most certainly spells out the obligations/conditions of marriage, and divorce. But culturually - and that's what the OP is talking about - a MENA couple isn't married until after the WEDDING PARTY. Yes, they had a court house marriage. However, her family wanted her to follow their cultural traditions, meaning they wouldn't live together as man and wife until after the WEDDING PARTY. He honored that request.

He could have done EXACTLY as he did in the home country: signed a marriage contract with his intended bride's family, describing his obligation to provide a house, the dowry and bride price, or whatever terms they want. That kind of thing would be filed at the county recorder's office, and would be legally binding just like any other contract. It would state that the obligation begins at the time the marriage license is completed and filed.

No he couldn't have because her family didn't agree to it. If they didn't agree to it when the marriage happened in the US they surely would not have agreed to it in Jordan.

Filing a marriage contract like that here and recording it would not be a marriage itself, just like it would not have been a legally binding marriage in MENA.

Tell the Embassies in this region that. They might be amused to learn they've been issuing spousal visas based on invalid documents.

And then he could have had the Marriage Ceremony (call it reception or whatever you want but the fact of the matter is there is not a marriage ceremony before then) and at the same time file the completed Marriage License at the county courthouse.

License.

Ceremony.

Optional Reception.

That's how it's done in America, but that's no how it's done all over the world.

MENA: Sign contract, have WEDDING PARTY, begin life together as husband and wife.

So a real dis-service is being done to those reading this, who are led to believe by the repeated glossing-over of vocabulary and conflating one thing with another.

Nope, I don't think so.

"paperwork" means "marriage contract" in MENA - which is essentially a property agreement in conjunction with marriage.

Marriage IS a property agreement, whether it's spelled out in a marriage contract (MENA) or in law (US).

"paperwork" here is a marriage license and is not even remotely the same thing as a property agreement. It is the legally binding recording of a marriage.

That legally binding agreement includes rights and responsibilities and, because it's a legal agreement, is supported by law.

So it is absolutely in no way similar to file a marriage license here as compared with agreeing on an "old custom" property exchange in MENA.

It's not just a property exchange, it's a contract for marriage.

People from MENA should be discouraged, not encouraged, from filing formal marriage licenses here under the theory that it is the same thing as a non-legally binding property agreement that only takes effect after the marriage becomes legally binding.

So are you telling me I'm not legally married because I only have a marriage contract and WEDDING PARTY pictures?

I surely hope not.

Bottom Line: You CAN do EXACTLY THE SAME THING here. The same steps taken in MENA. But it is not accomplished by doing the wrong thing and getting legally married here before you live together as husband and wife.

Maybe with a pre-nuptual agreement, marriage license, etc., they would be similar, but not exactly alike.

So, what you're telling me is that by waiting that month between signing the contract and our WEDDING PARTY to live together (and be alone in the same room), my marriage is either immoral or illegal?

Cheers to all.

Filed: Country: Poland
Timeline
Posted
Hello all, just a little update and some questons:

Just a lil background,

I petitioned for "Amy" a K1 visa in June 2008,She came 5 months later in Late November2008. We married a month later at the county clerk and USCIS recieved her AOS (i485, i864) on Feburary 25 , a couple of days before her I-94 expired. Around that time, she recieved her SSN. After our Marrage at the county this person changed. Our wedding reception was suppose to be May5th. Her Family are very old fashioned and asked for things to be done like in the old counrty, meaning we cant live together until our wedding reception night. So we never had sex. Then 10 days before our wedding she tells my family that we dont "understand" each other and that we should divorce. She waited until the last possible minute. I lost alot of money form wedding hall, flowers, etc. So I filed for divorce, and sent USCIS a letter Withdrawing the AOS, I also made an Infopass appointment. (i will be taking IO my wedding card Invitation, 350 were mailed out, i had to call everyone to cancel.

So today i had the interview infopass appointment. It was in a brand new building that was very clean and very nice. I waited about an hour after my intial appointment to be called up. When i finally was, a nice lady asked my why I was here, i told her that i would like to withdrawl my I485. She wasnt surprised, she said she sees these types of cases alot. I told her i sent my withdrawl letter to the Chicago Lockbox, she told me that i should send it with my divorce filing to the National Benifits Center, which i did today. She told me as soon as my I485 and I864 are withdrawn that the Beneficiary is bascially out of options and she dosent have much to do. She told me to make copies of all my docs. I was pretty satisfied, And as soon as i left i sent withdrawl request along with divorce filing to National benifts center, i do not wanna be responsilbe for this perspn for 10 years.

i forgot to ask her if she put some kind of red flag on her file through the computer. Does anyone know if she does.

Please feel free to ask any questions or add any comments!

A sad story... and I think you did the right thing.

Posted
I have reported this thread as another example of the MENA's vs. the Philipines.

Who's talking about the Phillippines?

Such moronic behavior.

Name-calling's not?

I think this is a valuable lesson, actually. Marriage laws, customs, and traditions vary from place-to-place around the globe. This paticular instance poses the question of what happens when someone applies their culture and tradition to American law. The crux of marriage fraud is the intent of the allegedly fraudulent party at the time of the marriage. By skipping out after the legal-in-America court house marriage but before the culturally applicable wedding party - but not missing out on getting her papers fixed, the bride, in my opinion, showed her intentions and they don't appear to be honorable, or legal.

That was, and is, the OP's problem.

Filed: Country: Nigeria
Timeline
Posted

Thanks for sharing your story. I urge you to also send a notorized copy of your story to your local congressman; they need to know that with the current law in place that Americans are being taken advantage of. Please request that they take action against this kind of fraud.

idocare

NSC, NOA1 September 26th,03

received NOA1 in mail Oct. 03,03

RFE - received in mail March 29th,04

RFE returned April 17th,04

RFE received April 21,04 at NSC online

NOA2 received April 29th,04 via online

NOA2 received May 03,04 in mail

NVC receives file May 6th,04

NVC sends file to Nigeria May 11th,04

Lagos receives our file, notified thru e-mail May 19th,04

Victor goes and picks up packet #3....May 20th,04

Sent request for earlier interview date via e-mail May 20th,04

May 27th, Lagos won't change date.

August 16th, 2004 fly to Nigeria for Victors interview

August 19th, 2004 Interview date, visa approved.

August 25th, 2004 Victor picks up passport with visa stamp.

August 26th, 2004 fly back to USA

September 18th, 2004 Victor arrives in USA, Lord willing.

October 9th, 2004, we become husband and wife

October 25th, 2004 I learn that I'm pregnant.

Feburary 25th, 2005 AOS Appointment

( went to appt. and requested a reschedule)

June 7th, 05 gave birth to a boy child.

July 5th, 05 Victor packs he suitcase and leaves for good.

July 2005 2nd AOS appointment

( went and requested a reschedule )

August 2005- I file for divorce. and withdraw immigration paperwork.

Washington State/ Nigeria

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...