Wife pulled petition without my knowledge

[kzielu 1,149]

Does this mean an employer can't sponsor a work visa even while I am in the US? Or say if I win the DV lottery?

You will not be able to change status, because you have no status to change from. K-1 is one entry and is voided once you enter US. Any ban (which you can get since you are right now accumulating overstay) makes you ineligible to any visa except one obtained through marriage to US citizen where it is forgotten.

[Tygrys 143]

The link http://www.visapro.c...rrorOccured.asp provided by Nijabound is not working. Can you provide the correct web link so I can read what you are talking about

http://www.visapro.com/Immigration-Articles/?a=1169&z=36

[jerryadams 1]

Thanks for the link.

[Deputy Purple 1,294]

US Immigration Laws is changing everyday, If he can demostrate that he enters the marriage in good faith, his permanent residence is certain without any hinderance.

Not to pick nits too much but actually US Immigration Laws change at a rather slow and lumbering pace. What does change more frequently is how the courts interpret them or how USCIS/DOS/ICE are instructed to enforce/apply them, there is a big difference between the two concepts.

[Arif Ali 4]

what about if he can get affidavit of support from some one else like a friend or relative and then proves that the marriage was entered in good faith ?

[Nijabound 2]

The link http://www.visapro.com/S/ErrorOccured.asp provided by Nijabound is not working. Can you provide the correct web link so I can read what you are talking about

http://shusterman.com/pdf/choinopinion-9thcircuitcourtofappeals2008.pdf.

[Nijabound 2]

http://shusterman.com/pdf/choinopinion-9thcircuitcourtofappeals2008.pdf.

It is quite unfortunate that i could not paste this information on this site because they wont allow me. Please go to google and type Choin vs Mukasey case on K1 visa . In her case she got divorce when his AOS is still pending and DHS denied her case because of the divorce and the case was later remanded to DHS by BIA to adjudicate her case on merit of a good faith Marriage.

[Tygrys 143]

It is quite unfortunate that i could not paste this information on this site because they wont allow me. Please go to google and type Choin vs Mukasey case on K1 visa . In her case she got divorce when his AOS is still pending and DHS denied her case because of the divorce and the case was later remanded to DHS by BIA to adjudicate her case on merit of a good faith Marriage.

You're quite persistent, ain't you?

OP's application has not been denied because of divorce. It has been denied because she has withdrawn I-864. No support, no adjustment. INA 212(a)(4). Boom! Case closed. Period.

Choin vs. Mukasey case is different, not to mention that the case was decided in IX Circuit Court. That's the most liberal court in this country.

Good luck for arguing this type of case before VIII Circuit Court in which jurisdiction OP resides according to his profile.

[Tygrys 143]

what about if he can get affidavit of support from some one else like a friend or relative and then proves that the marriage was entered in good faith ?

At this time will have to refile anyway, same sponsor or different. Not possible without his wife's cooperation.

[kzielu 1,149]

After all, he solely came to US to be with his wife. His wife does not want to have anything to do with him at this point so regardless of whether it was fair or not from his wife side, what is the reason of him being here ? Simple as that...

[VanessaTony 3,567]

what about if he can get affidavit of support from some one else like a friend or relative and then proves that the marriage was entered in good faith ?

Doesn't matter. Needs an I-864 from the original petitioner.

It is quite unfortunate that i could not paste this information on this site because they wont allow me. Please go to google and type Choin vs Mukasey case on K1 visa . In her case she got divorce when his AOS is still pending and DHS denied her case because of the divorce and the case was later remanded to DHS by BIA to adjudicate her case on merit of a good faith Marriage.

People often misinterpret this case.

[VanessaTony 3,567]

Does this mean an employer can't sponsor a work visa even while I am in the US? Or say if I win the DV lottery?

Nope. You HAVE to leave the US. The ONLY way to stay (seeing you came on a K1) is to adjust via the original petitioner. If you are able to find a work sponsor before you leave, you have to leave the US while the work visa is pending. You can't apply for the DV lottery while illegally in the US (which you are now, out-of-status).

You cannot work (you should have stopped when it was denied in Oct 2011). Depending on when your I-94 expired and you applied for AOS you might have a ban. You also started accruing out of status days as of the denial date of your AOS which was around 6 months ago and a 6 month overstay is a 3 year ban.

Long story short - you have to leave the US. By all means see an immigration attorney but some will try and give you hope where there is none just so they can get fees out of you so be careful.

[jerryadams 1]

Wow,

So due to no fault of mine and nothing I have done wrong; I am the one that has to deal with all the problems. I never knew the K1 is so restrictive. I appreciate all the responses, it's a real eye opener.

[ceadsearc 516]

I think you've gotten mostly accurate advice here, but of course you can always consult with an attorney for peace of mind and to ascertain that you have exhausted all options if you wish.

[kzielu 1,149]

Wow,

So due to no fault of mine and nothing I have done wrong; I am the one that has to deal with all the problems. I never knew the K1 is so restrictive. I appreciate all the responses, it's a real eye opener.

Again - K-1 is for very specific reason - to join your fiance(e) - that how US government sees it. No relationship, no reason to let someone immigrate. Why it definitely is not fair to you, it does not change anything here - in marriage based immigration without the doubt there is an inherent risk on beneficiary side. Better to be sure before leaving everything behind...