Thinking of a divorce after his Visa approval a week ago.

[Darnell 8,478]

He already got his visa, how can I cancel it?

He's not left Pakistan, right?

Here's what ya do for Immigration

1. fax a letter to the US Embassy/Islamabad/IV Unit/Fraud Prevention Unit - use the fax # for the IV Unit

2. talk with a Supervisor at NVC on Monday Morning, via telephone.

contents of the fax:

bio info on the two of you, including his A# printed on the visa.

statement that you are getting a divorce and are withdrawing the I-864 affadavit of support

---

you don't need to go into details or give any reasons for the divorce. Just simply state that you are filing for divorce and you are withdrawing the I-864, affadavit of support.

---

Now, cancel the air tickets now (if you can, today, nowish) .

---

On Monday, check in with the clerk of your county court, inquire how to self-file a divorce petition. Usually the clerk of the court can direct you to the court librarian's office, and the court librarian has templates there that you can purchase for almost nothing, that you can use to file the divorce. YOU can file a divorce in USA for anyone, on anyone, living anywhere in the world, so remember that. you may have some residency issues for 'time in the state' but if that's the case, include in the divorce petition a plea for waiver of residency requirements.

---

That's about it, in a nutshell. That fax is important. It's on the FPU to do something, but if he makes it as far as a USA POE, he won't be allowed in, as that I-864 has been withdrawn.

--

Good Luck !

[Darnell 8,478]

Did he arrive on a K3 or a CR1 ? If it is a K3 then you have to support his AOS for him to stay otherwise you can not support the AOS and he should have to leave. If he has a CR1 he already "has" a green card and you can't pull it. You can divorce and move on either way.

this is kinda specious and wrong..

K-3 visa is on the I-134, and it's not legally binding at all - the wording is different on this form vs the I-864.

Even with a CR-1 visa, it's not been validated with the stamp at the POE yet -

so the I-864, affadavit of support, can be withdrawn even after the VISA being printed in the passport, up until the time he enters the POE and hits the CBP desk.

Withdrawing the I-864? cancels the visa, cancels the visa application, the beneficiary will not be allowed through the POE.

I dont even know how you get a green card. He hasnt told me if he got it. He only told me he got the visa. Where and when do you get the green card?

K3

Whoa - he's on a K-3 ? Not a CR-1 ?

My instructions are a little different, but not by much.

Everywhere you read 'I-864', replace that with 'I-134' instead. Everything will work, though.

Good Luck to you !

[Karee 4,190]

this is kinda specious and wrong..

K-3 visa is on the I-134, and it's not legally binding at all - the wording is different on this form vs the I-864.

Even with a CR-1 visa, it's not been validated with the stamp at the POE yet -

so the I-864, affadavit of support, can be withdrawn even after the VISA being printed in the passport, up until the time he enters the POE and hits the CBP desk.

Withdrawing the I-864? cancels the visa, cancels the visa application, the beneficiary will not be allowed through the POE.

Yeah but can he still get on a plane with the visa and pass CBP once in the U.S.? I'm curious about that.

[Thomas&Cleofe 358]

this is kinda specious and wrong..

K-3 visa is on the I-134, and it's not legally binding at all - the wording is different on this form vs the I-864.

Even with a CR-1 visa, it's not been validated with the stamp at the POE yet -

so the I-864, affadavit of support, can be withdrawn even after the VISA being printed in the passport, up until the time he enters the POE and hits the CBP desk.

Withdrawing the I-864? cancels the visa, cancels the visa application, the beneficiary will not be allowed through the POE.

What confuses me is that she does not even know what a CR-1 is.....

[EAbbas 213]

If your very concerned about this and it sounds like you should be... i mean.. if i told my husband i was coming tomorrow my mother and father in law would be making preparations from now util i come and couldn't wait for me to be there and that isn't including my husband and his excitement he would be compltely out of control excited!!!!!... the fact that you have a lot of red flags with your relationship AND your inlaws not wanting you to come there is really beyond odd...

When i was with my husband he didn't want to leave my side except for a few times a day and when i got sick he paced back and forth and wouldn't leave me including calling the dr to make a house call...he cried and held me the night before I left...and even now we spend every waking and even sleeping moment on skype... when we are at work.. we email back and forth all day and then various times i get that phone call saying ... jaan pls baby i just needed to hear your voice...

My suggestion is not to send any money whatsoever and do not purchase a ticket. If you think this was all in fraud then try to find evidence of this right now, right away. Call the embassy and talk with them let them know your concerns. Even tho the visa is issued doesn't mean it can't be recalled. If you find solid evidence of fraud you can use that. He may or may not be able to buy his own ticket but if you are able to document something amiss with the embassy then even if he gets here at POE he could potentially be flagged and sent back without entering... HE only has 6 months from the date of visa issuance to get to the POE ... if its a day after they wont let him in. Keep putting him off if you can... find anything that shows his real intentions...

Something is really wrong with this and im very sorry for the trouble and all the pain i know you must be going thru. HAng in there and there will be others who can give you strong advice.

I don't know if you can even begin divorce proceedings here in the USA or not and send the embassy the paperwork?? As well as withdrawing your i864 or i134 whichever you filed??? just to show them your no longer planning to be married to him? someone please chime in to let me kow if this is even an option...

Edited April 28, 2012 by EAbbas

[Karee 4,190]

What confuses me is that she does not even know what a CR-1 is.....

That's good point. K-3 is pretty much dead.

[Adriene H 89]

What confuses me is that she does not even know what a CR-1 is.....

He really pulled the wool over her eyes in all this

[Darnell 8,478]

I didnt know it had an expiration date. I wish the embassy would give me the same information they gave him.

Ah, so he's not got any tickets yet. That's a plus.

A K-3 visa holder has 6 months to come into the USA, from the date the VISA is issued,

but it may be less IF there was any AP or AR at Islamabad IV.

A K-3 visa holder isn't granted a green card on entry into the USA - a CR-1 or IR-1 visa holder, OTOH, is.

They are given, instead, an I-94 with a duration of 2 years, at the POE.

For a K-3 visa holder to get a green card, an adjustment of status casefile has to be filed after they arrive in the USA.

---

For this upcoming week, suggest you 'keep a nice face' with him over the phone, not let him know you're doing anything. When you have confirmation from Islamabad that the VISA will be cancelled, and you've got a receipt from filing the divorce petition, then I suggest you stop talking with him altogether. You could ask your parents to tell his parents that you've cancelled his visa and filed for divorce, but don't do that till AFTER THE FACT, as the two sets of parents might want to stir the pot a bit...

--

Hang in there.

[Darnell 8,478]

Just leave him there then. He basically has a 2 year multiple entry visa.

Only when the visa is validated at the POE. If he doesn't make it to the POE, it's worthless, useless.

And that two year span is granted because of the I-94 AND the Visa type, not just the VISA Type.

No I-94? No 2 year anything. He would still have to come into the USA prior to the expiration of the visa stamp in his passport, which is 6 months or less from the issuance date.

[Karee 4,190]

Only when the visa is validated at the POE. If he doesn't make it to the POE, it's worthless, useless.

And that two year span is granted because of the I-94 AND the Visa type, not just the VISA Type.

No I-94? No 2 year anything. He would still have to come into the USA prior to the expiration of the visa stamp in his passport, which is 6 months or less from the issuance date.

Right. I stated that awhile back.

[Darnell 8,478]

Right. But if he comes here, it's a 2 year multi-entry.

only if he makes it through the CBP queue at the POE, the very first time.

It's not 2 years, as printed, in the visa, at all - it's only 6 months, or less.

Right. I stated that awhile back.

did you ? excellent!

[Marianouveau 0]

do not take his visa. once he get here have a french conversation with him.

because like youn said he could be his culture and ways that make him behave that way. give a couple months so he can see your side of way of life your cultre see how people live and act over here. the you will see his reactions. if you have to leave him do not hesitate.

[Darnell 8,478]

I don't know if you can even begin divorce proceedings here in the USA or not and send the embassy the paperwork?? As well as withdrawing your i864 or i134 whichever you filed??? just to show them your no longer planning to be married to him? someone please chime in to let me kow if this is even an option...

I covered this sideways, but here it is again.

The Petitioner can contact the IV Unit and tell them/notify them that:

1. Petitioner is filing for divorce and

2. Petitioner is withdrawing the affadavit of support.

That's all that is required. Not need to pile on any evidence of fraud - it's enough, these 2 things, to bring all to an end with THE VISA.

[redwhiteblue 6]

oo....true...she seems very confused about her marriage to this man....but after that long if she is not feeling any love from him....why will it be different in the future?

Yes I am confused right now, but I need to know where this can head and all the comments are helping. I just need the courage now to go through with the divorce.

The only thing that stops me is, what if Im hurting his future. What hurts is that perhaps the way he acts is part of his culture. He's never had a girlfriend. And maybe he's right about my American beliefs. In his country affection is not openly shown. His parents don't show it. Over here, my parents still go on little dates and my dad keeps on buying little gifts or treats for my mom. I cant expect him to be like that. Ive told him after not receiving a Birthday gift about 2 months after marriage that I hope he at least give me a gift for valentine. Nothing. After crying the whole night, he bought me something the next day. I threw his first Birthday party. He was impressed. He said he bought me something for my birthday but he didnt send it. For his birthday i felt bad and sent him a laptop hoping hed use it to communicate with me more. Ive even paid to a skype line so that it doesnt cost him anything to call me. Am I expecting too much or is it part of the Pakistani culture? This guy has never abused me.

Does anyone have experience with men changing in the US? If so, maybe ill give it a shot. Mom says when he sees how everyone is, he may act like others. Even in med school, my friends were pretty much pakistanis that have lived abroad. I dont want to stereotype but the locals did seam reserved but that could just be me.

And when he does come here, is it esay to get a divorce? If I go there next week, then i would want to know how to process it there?

Sorry for so many questions.

[Darnell 8,478]

do not take his visa. once he get here have a french conversation with him.

because like youn said he could be his culture and ways that make him behave that way. give a couple months so he can see your side of way of life your cultre see how people live and act over here. the you will see his reactions. if you have to leave him do not hesitate.

This is sorta nonsensical. What are you trying to say?