Husband doesn't want to file papers

[AstaMarisa 84]

Hi guys. I have K1 visa, came here 2 years ago. My husband brought me from Russia. We live together and have a child. It's all good but..my husband still didn't file my papers! so I have no status in US, I can't work, get a driving license or go visit my family in Russia. I decided to do the papers for adjustment of status myself and then try to ask him to sign it and send a check. What exactly should I file?? I already started with i-485 form. What is next? Thank you very much for your attention.

[Gary and Alla 3,694]

Hi guys. I have K1 visa, came here 2 years ago. My husband brought me from Russia. We live together and have a child. It's all good but..my husband still didn't file my papers! so I have no status in US, I can't work, get a driving license or go visit my family in Russia. I decided to do the papers for adjustment of status myself and then try to ask him to sign it and send a check. What exactly should I file?? I already started with i-485 form. What is next? Thank you very much for your attention.

He doesn't need to sign them, YOU do. YOU are adjusting status, not him. He may need to go to an interview and after a 2 year delay you may well have an interview.

You need an I-485 and a G-325a form, copies of your marriage license, visa, I-94 card (the white card in your passport) copy of the I-129f approval, evidence of a marriage relationship such as joint bank account, common mailing address, insurance papers etc. Things that show you live together as a married couple. Read the guides in the AOS forum. Review the instructions for the I-485

[KayDeeCee 4,894]

Hi guys. I have K1 visa, came here 2 years ago. My husband brought me from Russia. We live together and have a child. It's all good but..my husband still didn't file my papers! so I have no status in US, I can't work, get a driving license or go visit my family in Russia. I decided to do the papers for adjustment of status myself and then try to ask him to sign it and send a check. What exactly should I file?? I already started with i-485 form. What is next? Thank you very much for your attention.

Here is the guide: http://www.visajourney.com/content/k1k3aos

Just skip the I-131 form though. You have been out of status too long to use AP to re-enter the US should you leave. Don't leave without having a green card first. Your husband will need to fill out an I-864 and provide his most recent tax transcript, letter from employer and pay stubs.

You will need a new medical done, and will need to find a civil surgeon in your area to do that and fill out an I-693 for you.

You may also want to go ahead and file the I-130 along with all your other forms. Since you have already been married for 2 years, then filing the I-130 along with the AOS paperwork can get you a 10 year card instead of the 2 year conditional one. The guide for that is here: http://www.visajourney.com/content/i130guide2

He doesn't need to sign them, YOU do. YOU are adjusting status, not him. He may need to go to an interview and after a 2 year delay you may well have an interview.

You need an I-485 and a G-325a form, copies of your marriage license, visa, I-94 card (the white card in your passport) copy of the I-129f approval, evidence of a marriage relationship such as joint bank account, common mailing address, insurance papers etc. Things that show you live together as a married couple. Read the guides in the AOS forum. Review the instructions for the I-485

But he needs to provide the I-864 and supporting docs for it.

[AstaMarisa 84]

evidence of a marriage relationship such as joint bank account

May we not have it? Because as he told me I'm not allowed to have any bank accounts until I have my status, green card..whatever it is

And as I been told I can not file anything myself, only my sponsor can (husband)

[Gary and Alla 3,694]

Here is the guide: http://www.visajourney.com/content/k1k3aos

Just skip the I-131 form though. You have been out of status too long to use AP to re-enter the US should you leave. Don't leave without having a green card first. Your husband will need to fill out an I-864 and provide his most recent tax transcript, letter from employer and pay stubs.

You will need a new medical done, and will need to find a civil surgeon in your area to do that and fill out an I-693 for you.

You may also want to go ahead and file the I-130 along with all your other forms. Since you have already been married for 2 years, then filing the I-130 along with the AOS paperwork can get you a 10 year card instead of the 2 year conditional one. The guide for that is here: http://www.visajourney.com/content/i130guide2

But he needs to provide the I-864 and supporting docs for it.

Ah yes, you got me there. He does need to provide that.

[Gary and Alla 3,694]

May we not have it? Because as he told me I'm not allowed to have any bank accounts until I have my status, green card..whatever it is

And as I been told I can not file anything myself, only my sponsor can (husband)

None of that is true. My wife was added to my bank account two days after she arrived as a K-1 and YOU are the one that MUST file the papers, not him. He CANNOT file the adjustment of status. I did all the paperwork for my wife, but she signed it. She could have done it without me.

He DOES need to provide an affidavit of support. You have been told wrong things. Why? By whom? For what reason?

By not getting your permanent residency you are not receiving the full benefit of living here and delaying your eventual citizenship, Your husband should PROTECT you by getting these things done immediately, or as soon as possible, or helping you to get them done.

Edited May 1, 2012 by Gary and Alla

[AstaMarisa 84]

None of that is true. My wife was added to my bank account two days after she arrived as a K-1 and YOU are the one that MUST file the papers, not him. He CANNOT file the adjustment of status. I did all the paperwork for my wife, but she signed it. She could have done it without me.

He DOES need to provide an affidavit of support. You have been told wrong things. Why? By whom? For what reason?

By not getting your permanent residency you are not receiving the full benefit of living here and delaying your eventual citizenship, Your husband should PROTECT you by getting these things done immediately, or as soon as possible, or helping you to get them done.

I mean I can file them of course but without him I can't do it all completely, even pay (which is $1070 and I don't work = means I can't pay)

He brought me to the bank on a second day also but they told him we can't have such account. Well he is in a military, may be this has to do something with all this..

[grrrrreat 109]

None of that is true. My wife was added to my bank account two days after she arrived as a K-1 and YOU are the one that MUST file the papers, not him. He CANNOT file the adjustment of status. I did all the paperwork for my wife, but she signed it. She could have done it without me.

He DOES need to provide an affidavit of support. You have been told wrong things. Why? By whom? For what reason?

By not getting your permanent residency you are not receiving the full benefit of living here and delaying your eventual citizenship, Your husband should PROTECT you by getting these things done immediately, or as soon as possible, or helping you to get them done.

The poster's story has a lot of indications of spousal abuse. For instance, denying someone the ability to have a bank account or have their own money is a way of maintaining absolute control over someone. So is refusing to help file basic adjustment of status paperwork so that the spouse can work, travel outside the U.S., and live without the fear of removal. I am curious to know if the poster has been physically abused or subject to other forms of extreme cruelty. If so, the case could be much more complicated and she could potentially qualify to adjust status under the Violence Against Women Act.

[Anh map 2,098]

What you need is someone to help you prepare for filing the petition. It does not sound like your husband is willing to cooperate. If you cannot find/afford an immigration attorney then maybe a local immigrant advocacy group may have assistance.

*Moved from K1 forum to Adjustment of Status - Family Visa forum*

[grrrrreat 109]

Also, everyone should keep in mind that eventually the I-129F expires, and the U.S. citizen needs to file a I-130 for the beneficiary to adjust status, so that will require his cooperation. Without his cooperation, you will have to determine if you can self-petition as an abused spouse. I agree an attorney may be necessary.

Also, if he is in the military, you should seek help from organizations that help military families or whatever office is on his base that supports families. Members of the military can be disciplined for neglecting or abusing their spouse, and I wonder whether someone there could order him to start supporting you more monetarily and/or file papers to adjust your status so you can work.

Edited May 1, 2012 by grrrrreat

[AstaMarisa 84]

I tried to get help from military sources but it didn't end well, my husband is keeping our marriage in secret so his office doesn't know that we are still married. And for me go against him is nothing but a trouble.

[grrrrreat 109]

I tried to get help from military sources but it didn't end well, my husband is keeping our marriage in secret so his office doesn't know that we are still married. And for me go against him is nothing but a trouble.

Okay, it's clear you're being abused. Find help from an organization that helps abused spouses and/or organizations that help immigrants. You have to work up the courage to help yourself or no one on this board can help you.

Edited May 1, 2012 by grrrrreat

[Anh map 2,098]

I tried to get help from military sources but it didn't end well, my husband is keeping our marriage in secret so his office doesn't know that we are still married. And for me go against him is nothing but a trouble.

You don't have many options. It does not sound like your husband is behaving properly. He's been lying to you for 2 years at least.

Good luck.

[Fiance. 4]

OMG! What a situation, ask someone in your family to send you money,while hes not there, It is definetely a abuse! we gotta help her.

[Penny Lane 8,159]

I tried to get help from military sources but it didn't end well, my husband is keeping our marriage in secret so his office doesn't know that we are still married. And for me go against him is nothing but a trouble.

There is something very, very wrong here. You need more help than simply filing papers. Your relationship sounds tragic and abusive and not healthy for you at all. Your husband should be helping you, supporting you, loving you. It doesn't sound like he's doing ANY of this.