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Filed: K-1 Visa Country: Singapore
Timeline
Posted

Did you not apply for advance parole when you filed for your green card? If so then you can use the AP to return to the US. You don't need to wait for the green card. If it's his intention to derail your green card application then he can simply pull the affidavit of support. He doesn't need to get you to travel to another country first.

It sounds like you've concluded that the relationship is probably over. If that's the case then what would be the point of staying in the US?

Yes I did but If I go, I will live there for some years. It's different btw travelling and living. my husband said that he doesn't really want me go back to my country, he just want to get divorce for now so he can feel free to work oversea and concentrate on his job. He can continue to support me to stay in US and give us a chance to go back together, I mean after some years if we feel we still love each other we can do that easily because I'm in here in US. He said he just need me sign the Divorce then he will not cancel the Affidavid of support and I will be ok.

Is that true If we divorce for now but he still support me?

Filed: Other Country: China
Timeline
Posted

Yes I did but If I go, I will live there for some years. It's different btw travelling and living. my husband said that he doesn't really want me go back to my country, he just want to get divorce for now so he can feel free to work oversea and concentrate on his job. He can continue to support me to stay in US and give us a chance to go back together, I mean after some years if we feel we still love each other we can do that easily because I'm in here in US. He said he just need me sign the Divorce then he will not cancel the Affidavid of support and I will be ok.

Is that true If we divorce for now but he still support me?

It would be true that he COULD do that if you have a green card. Without the green card, you are in an overstay situation with no work authorization and in danger of deportation. You are also at his mercy for support. If he chooses not to support you, you're on your own with no work authorization. Don't be forced into a divorce for such a silly reason. Once you HAVE your green card, if you want to abandon your LPR status to live abroad, yes you can always start over with a new spouse visa, IF your husband decides to file that petition.

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: K-1 Visa Country: Singapore
Timeline
Posted

It would be true that he COULD do that if you have a green card. Without the green card, you are in an overstay situation with no work authorization and in danger of deportation. You are also at his mercy for support. If he chooses not to support you, you're on your own with no work authorization. Don't be forced into a divorce for such a silly reason. Once you HAVE your green card, if you want to abandon your LPR status to live abroad, yes you can always start over with a new spouse visa, IF your husband decides to file that petition.

New spouse visa? I dont really understand what you mean. Please explain it to me. Thank you very much!

Filed: Other Country: China
Timeline
Posted

New spouse visa? I dont really understand what you mean. Please explain it to me. Thank you very much!

The visa you have is dead and gone the day you entered the USA. If you leave without a green card, you won't get in without a new visa. That would be a visa for a spouse, since you are no longer a fiancee. However, if you do not complete your adjustment of status, you wouldn't be eligible for a new visa BECAUSE you overstayed your 90 days and didn't adjust status.

Even IF you get the green card to solve the overstay issue, leaving for too long will invalidate your LPR status and you'll need a spouse visa to get back in.

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: K-1 Visa Country: Singapore
Timeline
Posted

It would be true that he COULD do that if you have a green card. Without the green card, you are in an overstay situation with no work authorization and in danger of deportation. You are also at his mercy for support. If he chooses not to support you, you're on your own with no work authorization. Don't be forced into a divorce for such a silly reason. Once you HAVE your green card, if you want to abandon your LPR status to live abroad, yes you can always start over with a new spouse visa, IF your husband decides to file that petition.

So you mean that no way for me to stay in US even though my husband still support me? It is big problem now because It takes 9 more months to get green card and I dont think we can wait for that. I mean maybe we will divorce before I get my green card.

Filed: K-1 Visa Country: Singapore
Timeline
Posted

The visa you have is dead and gone the day you entered the USA. If you leave without a green card, you won't get in without a new visa. That would be a visa for a spouse, since you are no longer a fiancee. However, if you do not complete your adjustment of status, you wouldn't be eligible for a new visa BECAUSE you overstayed your 90 days and didn't adjust status.

Even IF you get the green card to solve the overstay issue, leaving for too long will invalidate your LPR status and you'll need a spouse visa to get back in.

Thank you for your help. I ask this question in case we work out our problem and make decision that I will come over that country with Reentry permit. So do you know how long does it take to get that spouse visa? and will I get any troubles in processing time because of leaving US too long?

Filed: Other Country: China
Timeline
Posted

So you mean that no way for me to stay in US even though my husband still support me? It is big problem now because It takes 9 more months to get green card and I dont think we can wait for that. I mean maybe we will divorce before I get my green card.

I don't know why you think it will take nine more months to get a green card. If your case has been in California for a while, I would expect some word any day. Is the address they have your current address? Have you moved since filing the AOS? Right now you need that green card.

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

I don't know why you think it will take nine more months to get a green card. If your case has been in California for a while, I would expect some word any day. Is the address they have your current address? Have you moved since filing the AOS? Right now you need that green card.

If you look at the back log of AOS petitions at the CSC, you'll understand why she's worried about how long it takes. There are people from October and November of 2011 still waiting. My wife just got her's and we filed in November of 2011, but it took an inquiry of our congress woman and senator to get something to happen. CSC has been falling behind by about 3000 petitions per month since October of 2011 and have a back log of 23,000. The backlog was 4000 last September. They are processing petitions at less than 1500 per month. At the rate they are going, that 15 months to get a green card is probably optimistic for those that file today.

OP you need to finish getting the green card to be able to stay in the USA. A divorce before that means you cannot stay and must leave. Forget about the over stay worries. You stopped accumulating over stay days when the I-485 was accepted. Unless you waited more than 6 months after the I-94 expired, you do not have an over stay to worry about. You don't have a timeline filled in, so I can't see you dates. If he's willing to support you here, ask him to support you with the marriage still intact. As to wanting you to be with him, I'd want my wife with me to if I had to go work abroad. But I'd also want her to be able to return to the USA, so I wouldn't do anything that would make us have to go through the immigration process again, unless I never intended to return the USA.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Other Country: China
Timeline
Posted

If you look at the back log of AOS petitions at the CSC, you'll understand why she's worried about how long it takes. There are people from October and November of 2011 still waiting. My wife just got her's and we filed in November of 2011, but it took an inquiry of our congress woman and senator to get something to happen. CSC has been falling behind by about 3000 petitions per month since October of 2011 and have a back log of 23,000. The backlog was 4000 last September. They are processing petitions at less than 1500 per month. At the rate they are going, that 15 months to get a green card is probably optimistic for those that file today.

OP you need to finish getting the green card to be able to stay in the USA. A divorce before that means you cannot stay and must leave. Forget about the over stay worries. You stopped accumulating over stay days when the I-485 was accepted. Unless you waited more than 6 months after the I-94 expired, you do not have an over stay to worry about. You don't have a timeline filled in, so I can't see you dates. If he's willing to support you here, ask him to support you with the marriage still intact. As to wanting you to be with him, I'd want my wife with me to if I had to go work abroad. But I'd also want her to be able to return to the USA, so I wouldn't do anything that would make us have to go through the immigration process again, unless I never intended to return the USA.

If she leaves and abandons AOS, she WILL have an overstay issue when it comes time to start over again. Only if she completes the AOS does the overstay become moot.

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

If she leaves and abandons AOS, she WILL have an overstay issue when it comes time to start over again. Only if she completes the AOS does the overstay become moot.

http://travel.state.gov/visa/temp/info/info_1298.html

"It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;

You have filed an application in a timely manner for an extension of stay or a change of status;

That application is pending and not frivolous;

If you have applied for adjustment of status to become a permanent resident alien (“green card” holder), you should contact USCIS regarding obtaining Advance Parole before leaving the U.S."

The AOS application stops the clock on overstays. It does not matter if you abandon the AOS and leave the USA, the clock was still stopped with the application as long as it was not frivolous.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Other Country: China
Timeline
Posted

http://travel.state..../info_1298.html

"It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;

You have filed an application in a timely manner for an extension of stay or a change of status;

That application is pending and not frivolous;

If you have applied for adjustment of status to become a permanent resident alien ("green card" holder), you should contact USCIS regarding obtaining Advance Parole before leaving the U.S."

The AOS application stops the clock on overstays. It does not matter if you abandon the AOS and leave the USA, the clock was still stopped with the application as long as it was not frivolous.

Read more carefully. It says "pending and not frivolous". Even so, the K1 visa is a single entry visa. It has no validity at all after entry. The K1 is a NOT for temporary visitors, which is the context of your quote from the link provided.

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

Read more carefully. It says "pending and not frivolous". Even so, the K1 visa is a single entry visa. It has no validity at all after entry. The K1 is a NOT for temporary visitors, which is the context of your quote from the link provided.

Pending means the application has not been acted upon. Certainly true in this case.

Frivolous would be mean it has no obvious merit. Applying to adjust status based on a marriage to a USC is not frivolous, it has ever expectation to be approved. Now coming on a K-1, not getting married in 90 days and applying based on that K-1 would be frivolous.

friv·o·lous/ˈfrivələs/

Adjective:

Not having any serious purpose or value

If you see something that is frivolous about her application to adjust status, then why did you not explain why her application was frivolous?

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Other Country: China
Timeline
Posted

Pending means the application has not been acted upon. Certainly true in this case.

Frivolous would be mean it has no obvious merit. Applying to adjust status based on a marriage to a USC is not frivolous, it has ever expectation to be approved. Now coming on a K-1, not getting married in 90 days and applying based on that K-1 would be frivolous.

friv·o·lous/ˈfrivələs/

Adjective:

Not having any serious purpose or value

If you see something that is frivolous about her application to adjust status, then why did you not explain why her application was frivolous?

I'll try once again. "Currently" she has no problem. If she leaves the USA, before she moves to another country before she has the green card, she will abandon AOS, so her application will no longer be "pending". Since the application then cannot be approved, she will have overstayed. That's what I've been saying all along. The problem begins IF and WHEN she leaves to live in another country. When she tries to get back in, she'll have an overstay on her record. Today, is not an issue.

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: K-1 Visa Country: Singapore
Timeline
Posted

I don't know why you think it will take nine more months to get a green card. If your case has been in California for a while, I would expect some word any day. Is the address they have your current address? Have you moved since filing the AOS? Right now you need that green card.

I went to California website and checked for processing time and It said : 15 months. Yes my case has been in California since March. I still have the same address I dont move anywhere. I called the customer service and they said: My case is still pending

 
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