Jump to content
luvsinghsaini
 Share

13 posts in this topic

Recommended Posts

luvsinghsaini Rookie

luvsinghsaini   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
Posted

Hi guys !!

I have a K3 visa now and i came to US in Sep 2008 with K1 visa . But now i think my marriage is going to end bcuz my wife and i fight a lot and we have decided to separate ! My brother is a US citizen , can he apply for a F4 visa for me now tht i am in USA??

is it possible guys ??

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

I don't understand... how did you come with a K1 (fiance) visa in 2008 and now have a K3 (spouse) visa? Did you file and receive AOS either time?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

TracyTN Veteran

TracyTN   237

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

I, too, am puzzled by your K1/K3 statement. I presume you entered once on a K1, left due to relationship issues, then got married and got a K3 - then re-entered? :blink:

At any rate - the only way for you to stay here legally is to adjust status is based on your marriage. Your profile states your AOS application is pending - is that true, or has it already been approved? If it has been approved, or is about to be, that means you'll be a green card holder and the F4 becomes irrelevant.

Edited by TracyTN
SA4userbar.jpg
payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Hi guys !!

I have a K3 visa now and i came to US in Sep 2008 with K1 visa . But now i think my marriage is going to end bcuz my wife and i fight a lot and we have decided to separate ! My brother is a US citizen , can he apply for a F4 visa for me now tht i am in USA??

is it possible guys ??

You need to understand what is really your current status.... K-1/K-3/Pending resident/Resident/.... the proper answer will depend on it...

FWIW, if you do not have a greencard (or are not in process to receive it) then sure your brother can file for you, but it will take 10 years and you cannot remain in the USA while waiting.

YMMV

luvsinghsaini Rookie

luvsinghsaini   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
  • Author
Posted

guys i got the answer . just FYI its a K1 and i got married to the same girl and then i got my GC for 2 yrs expires in May 2011 and now we r having issues which has made us take a decision to end the relationship !! is there a way i can stay here and not leave the country ?? If i apply for a waiver what do i need to show them that marriage was in gud faith !

I have Mutual Car purchase papers, mutual insurance cards, mutual tax returns 08 and 09 , marriage pixx and some other pixx in which we went out together , joint bank a/c.

Is it enough for the waiver ??

Pls help.. thnx for ur replies earlier guys !!

Darnell Grand Master

Darnell   8,479

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

is possible to file 'the next thing' - the removal of conditions (ROC) set, after the divorce is finalized, without your wife, without waiting for expiration date of the current green card.

You'll need to file a waiver concurrently.

Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

So what you need to do, if I understand your situation correctly, is ROC (removal of conditions)

You have to file form i-751 and request that the join-filing requirement be waived (apply by yourself)

But first you have to get divorced. Then you can file ROC after that.

Just be aware that you have to have significant proof that the marriage was enterred in good faith even though it has now ended.

Good luck

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
TracyTN Veteran

TracyTN   237

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

So what you need to do, if I understand your situation correctly, is ROC (removal of conditions)

You have to file form i-751 and request that the join-filing requirement be waived (apply by yourself)

But first you have to get divorced. Then you can file ROC after that.

Just be aware that you have to have significant proof that the marriage was enterred in good faith even though it has now ended.

Good luck

Actually that isn't true. You can apply to remove conditions before the divorce is final. They will then send you an RFE asking you for the final divorce papers, which you'll have 87 days from that point to produce.

SA4userbar.jpg
engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Actually that isn't true. You can apply to remove conditions before the divorce is final. They will then send you an RFE asking you for the final divorce papers, which you'll have 87 days from that point to produce.

Oh.. my bad :bonk: didn't know he could do that.. thanks for the correction ;)

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Actually that isn't true. You can apply to remove conditions before the divorce is final. They will then send you an RFE asking you for the final divorce papers, which you'll have 87 days from that point to produce.

True. BUT you should only do this if you're approaching your 90 day before 2 years date. Typically the best way is to wait till the divorce is final (87 days to produce divorce certificate is a short amount of time if it's a rough/tough divorce) but as I said, if you're already in the 90 days before 2 year date (when you would file ROC if you were still together) then file while the divorce is pending.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

juliava Proficient

juliava   80

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted

One more thing: most probably you will be called for another interview, so be prepared.

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

 
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
 Share
Go to topic listing
- 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...