divorce while Aos pending

[messedup 0]

Hi my story is a mess, i came here on k-1 visa and got married to my fiancee and just after 3 months from our marriage she wanna divorce claiming that she is getting bored with me and that i'm not familiar with life here, she got me spent all my money and and she said she called the immigration and told them that we are getting a divorce, i have got my EAD card but she doesn't wanna give it to me, she said the only way i will get it is if i sign the divorce paper, i was kicked out her house over a month ago and being sleepin at people houses, moving from one place to another, she was aggressive and she had slapped many times, she was about to abuse me at her dad's and he was on my side and i have an email from him saying literally

"any kind of verbal or physical abuse by my daughter towards you is unacceptable.

That is why I had to put her in her place the last time she was at my house"

should i sign the divorce paper, or ask for contested divorce? we have no kids, no properties

what do you think i should do ? my case was transfered to CSC. can she cancel my applicaion. i had paid the fees and it's not fair that she can cancel it. am i able to adjust my status no matter what she does??

please give me some advice

[Vicomi 31]

Hi my story is a mess, i came here on k-1 visa and got married to my fiancee and just after 3 months from our marriage she wanna divorce claiming that she is getting bored with me and that i'm not familiar with life here, she got me spent all my money and and she said she called the immigration and told them that we are getting a divorce, i have got my EAD card but she doesn't wanna give it to me, she said the only way i will get it is if i sign the divorce paper, i was kicked out her house over a month ago and being sleepin at people houses, moving from one place to another, she was aggressive and she had slapped many times, she was about to abuse me at her dad's and he was on my side and i have an email from him saying literally

"any kind of verbal or physical abuse by my daughter towards you is unacceptable.

That is why I had to put her in her place the last time she was at my house"

should i sign the divorce paper, or ask for contested divorce? we have no kids, no properties

what do you think i should do ? my case was transfered to CSC. can she cancel my applicaion. i had paid the fees and it's not fair that she can cancel it. am i able to adjust my status no matter what she does??

please give me some advice

Sorry that you find yourself in such an awful situation. Perhaps you should seek legal advice to explore options available to you or best action to take in these circumstances. Best wishes with the future.

[Penguin_ie 5,994]

*** Moving from AOS to Effects of Major Changes forum ***

[djricky4 67]

best to contact a lawyer, if you all havent had your AOS interview yet, its unlikely that your going to get th conditional 2 year green card. This requires both of you to go to an interview and prove the relationship is genuine. You cant go interview alone

[messedup 0]

Thanks for the feedback. i'm looking for a really good lawyer, any suggestions?

[TBoneTX 45,363]

if your application was transferred to the CSC, and if it stays there and you get no RFEs, you could be granted a green card without interview, si man.'

Lawyers: http://www.fosterquan.com -- go for their e-mail consultation (very reasonable rate). I have no connection with the firm except as a very satisfied former customer.

[VanessaTony 3,567]

1. should i sign the divorce paper,

2. or ask for contested divorce? we have no kids, no properties

3. what do you think i should do ? my case was transfered to CSC.

4. can she cancel my applicaion. i had paid the fees and it's not fair that she can cancel it.

5. am i able to adjust my status no matter what she does??

1. Up to you. if you don't agree to the terms in the divorce then contest it.

2. Contested is more expensive. if you don't agree to the terms in the divorce then contest it.

3. There's nothing much you can "do" except choose to move on

4. No she can't cancel your application but she CAN withdraw her affidavit of support which will deny your application

5. Nope. You came on a K1. You can ONLY adjust via your present wife. You have not been subjected to abuse so no.

By all means see an attorney and get advice in regards to the divorce but divorce will also cancel your process. So... up to you what you do. I would return to my home country (that early on without a problem and probably at this point as well) but it's up to you what you do.

[Sandra G. 5,048]

You won't have your green card approved.

Despite she slapped you don't even try to go for Vawa because I believe they will deny. If you decide to file form I-360(Vawa) I don't believe USCIS will approve at all, as i said before you suffered some domestic violence, but the law says about EXTREME VIOLENCE.

[messedup 0]

Thank you all,

Do you think she can withdraw I-864 on the phone? or she must send a signed letter to CSC? coz she said that she called them and told them what's going on between us, is this enough to withdraw i-864 or even delay AOS?

and is there anyway for me to know if she did withdraw it or not? will they tell me right away if i call them? or will they send me a mail or email ?

in case she did withdraw it can i have someone else to sponsor me? i heard someone has done so before!!!

Thanks a lot

Steve

[TimeTravel 78]

Thank you all,

Do you think she can withdraw I-864 on the phone? or she must send a signed letter to CSC? coz she said that she called them and told them what's going on between us, is this enough to withdraw i-864 or even delay AOS?

and is there anyway for me to know if she did withdraw it or not? will they tell me right away if i call them? or will they send me a mail or email ?

in case she did withdraw it can i have someone else to sponsor me? i heard someone has done so before!!!

Thanks a lot

Steve

I dont know the above answers about whether withdraw can be done over the phone or not. But here is the thing, it would make the difficult for you to obtain GC, even remove the condition.

Regarding your other question, if she withdraw I-864, then there is no alternate for you! No one else can sponsor you expect her. Other person can be as co-sponsor but she must have to be primary sponsor.

[VanessaTony 3,567]

Thank you all,

1. Do you think she can withdraw I-864 on the phone?

2. or she must send a signed letter to CSC? coz she said that she called them and told them what's going on between us,

3. is this enough to withdraw i-864 or even delay AOS?

4. and is there anyway for me to know if she did withdraw it or not?

5. will they tell me right away if i call them?

6. or will they send me a mail or email ?

7. in case she did withdraw it can i have someone else to sponsor me? i heard someone has done so before!!!

1. Yes she can

2. They prefer written but her call is enough to trigger an interview which you will fail because she won't attend and she needs to

3. Yes

4. You can try calling

5. Maybe. In the event she HASN'T called you're calling to ask them if she sent it and that could be a red-flag in itself

6. Usually mail

7. Nope. You arrived on a K1. You can only adjust via the petitioner. You can have a co-sponsor if she doesn't earn enough but you MUST have the petitioner as well.

You are more than welcome to pay a lawyer to try and fight for you to stay but I doubt it will work. It'll just cost you a lot of money.

[Moomin 292]

You've already gotten advise but just a side note - the EAD is yours, it has your name on it and she can't keep it, open it or dispose of it. Do you still have things at her place? If so, you can try to call the police and have them escort you so you can pick up your stuff and inquire about the EAD at the same time. But you have to call the local police department to hear about the procedure because it varies how they go about it - some have to get a court order for specific items/belongings before.

There might be shelters to stay at in your area too until you've sorted out your situation.

I've been here approx a year and still adapting. IMO, it takes way longer than 3 months to adjust to life here. Lack of adjusting and being bored after 3 months is a lousy excuse however if she want a divorce, she wants a divorce.

[Pictureperfect 0]

On 8/19/2012 at 9:54 PM, sandranj said:

You won't have your green card approved.

Despite she slapped you don't even try to go for Vawa because I believe they will deny. If you decide to file form I-360(Vawa) I don't believe USCIS will approve at all, as i said before you suffered some domestic violence, but the law says about EXTREME VIOLENCE.

[Transborderwife 4,666]

Time to go home 

[TBoneTX 45,363]

Thread from 2012 is now closed.