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USAmale

My K1 status wife will leave; questions on CR1 or K3 return

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  • 2 weeks later...
Filed: Country: Peru
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Update to all:

The endless financial demands from my gold-digger continue,,,,,,,,now she says that she wants me to pay her $5000 to leave..

I have bought her a ticket for the date that she actually would agree to leave, which is next month.

Do you have any idea whether I can actually have her removed by INS if she refuses to go?

I do NOT want her here, and I don't want to adjust her status and help her get a Green Card.

Thanks,

Edited by USAmale
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Filed: Lift. Cond. (apr) Country: China
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Do you have any idea whether I can actually have her removed by INS if she refuses to go?

INS no longer exists, ICE is the agency that deals with deportations.

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Timeline

Update to all:

The endless financial demands from my gold-digger continue,,,,,,,,now she says that she wants me to pay her $5000 to leave..

I have bought her a ticket for the date that she actually would agree to leave, which is next month.

Do you have any idea whether I can actually have her removed by INS if she refuses to go?

I do NOT want her here, and I don't want to adjust her status and help her get a Green Card.

Thanks,

If you don't have the money, tell her you'll send it to her later when she gets home. Be nice to her till the date of the flight and she lives. I wish it only cost me $5k and a plane ticket to get rid of mine.

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Filed: Citizen (apr) Country: Thailand
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Update to all:

The endless financial demands from my gold-digger continue,,,,,,,,now she says that she wants me to pay her $5000 to leave..

I have bought her a ticket for the date that she actually would agree to leave, which is next month.

Do you have any idea whether I can actually have her removed by INS if she refuses to go?

I do NOT want her here, and I don't want to adjust her status and help her get a Green Card.

Thanks,

She's done here if you haven't adjusted her status. Buy a one way ticket to Lima for her and be done with it. It sounds like you dodged a bullet.

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Filed: Other Country: China
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Do you have any idea whether I can actually have her removed by INS if she refuses to go?

NO, you cannot "have her removed" by anybody.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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  • 4 weeks later...

Any updates from the OP? This is a story that some of us have seen reprinted here in one form or another quite a bit. If I am understanding, the non-USC wanted to follow her daughter home, then decided to stay to adjust status, and then wanted to be paid to leave before AOS? No VAWA claim? That would be a blessing.

Thanks to all the other members that posted about their own issues. It really helps some of the newbies puzzle out what is happening in their own journey at times to hear similar accounts.

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Travelers - not tourists

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Filed: Other Country: Brazil
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you said she entered in December 2011?. Individuals overstaying for more than 180 days but less than 1 year have a ban of 3 years. She will be able to overcome the ban after her CR1 approval, she CANNOT FILE THE WAIVER BEFORE the CR1 interview. The waiver may take between 5 months to 1 year. But for everything you told here it sounds more than a change of heart...

Edited by sandranj
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Filed: Country: Peru
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sandranj:

We were married within the required 90 days, in March. I am not sure where that leaves us at this point or how much of an overstay that is considered in relation to a CR-1.

The entire situation is very complicated, and has been very very stressful and confusing for me..

Thanks,,

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Filed: Country: Peru
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Sandranj:

My wife is scheduled to leave tomorrow.....so that I know what I am dealing with in the future, the CR-1 and the waiver process would generally take up to a year?

We were married in March, so she has been here for something like 5 months without adjusting status, I think that is less than 180 days, depending on whether you consider her date of arrival or the date of our mariage in March...We have had problems including with her teenage daughter who under no circumstances would be coming back to the USA. Would they likely be sympathetic to issues like this when considering the waiver ban application?

Thanks,

----------------------------------------------------------------------

you said she entered in December 2011?. Individuals overstaying for more than 180 days but less than 1 year have a ban of 3 years. She will be able to overcome the ban after her CR1 approval, she CANNOT FILE THE WAIVER BEFORE the CR1 interview. The waiver may take between 5 months to 1 year.

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Filed: Citizen (apr) Country: Thailand
Timeline

Sandranj:

My wife is scheduled to leave tomorrow.....so that I know what I am dealing with in the future, the CR-1 and the waiver process would generally take up to a year?

We were married in March, so she has been here for something like 5 months without adjusting status, I think that is less than 180 days, depending on whether you consider her date of arrival or the date of our mariage in March...We have had problems including with her teenage daughter who under no circumstances would be coming back to the USA. Would they likely be sympathetic to issues like this when considering the waiver ban application?

Thanks,

----------------------------------------------------------------------

you said she entered in December 2011?. Individuals overstaying for more than 180 days but less than 1 year have a ban of 3 years. She will be able to overcome the ban after her CR1 approval, she CANNOT FILE THE WAIVER BEFORE the CR1 interview. The waiver may take between 5 months to 1 year.

USCIS or the state dept. doesn't care about failed relationships with step children You got married within the 90 days which is good. As far as I can tell no waiver needed. They're definitely going to question her at the CR-1 interview about why she left etc.

I'm wondering why a waiver is even involved here?

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  • 1 year later...
Filed: Country: Peru
Timeline

Hi All:

This situation has dragged on all of the past year. My wife only stayed here for 4-5 months after we legally married in the US, then she returned home. I visited her once that year (2012) to see if there was some way to save the marriage, as I was in complete shock.

Toward the end of the year my father died suddenly. I again visited her and things seemed to have calmed down a bit, to the point where it seems that we could save our marriage. She went back and forth and finally said that she would agree to return to the US if I filed for a Spouse Visa.

I finally filled out the forms in November and was about to send them in, and she went ballistic on me telling me that she did not want to return, did not love me, and all sorts of other things that really traumatized me.

We have not spoke since before Thanksgiving. I last visited her in November when things seemed ok.

Where do I stand? She left in August 2012, with her Fiance Visa completely expired as she would not let me adjust her status.

She now says that she never wants to return, and she has no US Visa and has not been back since.

Assuming that this is indeed the end, can I divorce her in absentia? One lawyer that I spoke to (who does not have experience with divorce from a foreign national) said that since she has abandoned our marriage, the country, and her visa status, that this would be viewed as abandonment/desertion, and that I could obtain a simple divorce with no settlement as she is not a US citizen.

I am very confused and traumatized; can anybody help me to clarify this situation?

Thanks,

USAmale

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...can anybody help me to clarify this situation?

1. She isn't going to live in the U.S.

2. You aren't going to live in Peru.

3. Get a divorce and move on.

Clear?

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Filed: Country: Philippines
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1. She isn't going to live in the U.S.

2. You aren't going to live in Peru.

3. Get a divorce and move on.

Clear?

100 % agree. And you clearly tried your best to save the marriage, but nothing.

"Last night I looked up at the stars and matched each one with a reason why I love you. I was doing great until I ran out of stars."-- by Kelsi

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