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Filed: Citizen (apr) Country: Thailand
Timeline
Posted

what is your problem? u keep attacking me on every post!!! you sound like donlad trump... take a chill pill. and no i didn't beg her, actually she came after me and begged me to be with her and obviously she brought me here but this is not a video game, u can't just quit and be inconsiderate about people who were part of your family so i think you should be mean to her not me... i'm not being cocky but it's not hard for me to hook up with any woman... so no i didn't use her, if i just wanted to come to America i would have married any girl and came here but it wasn't the plan to even come live here, i took her to Italy and was trying to get her a job there since i hold the Italian citizenship as well and we were gonna get married over there but she changed her mind like women always do and wanted us to come get married here around her family... so bottom line i wasted lots of time with her and it's not fair for me to start all over again just because of her moody A**.... anyway the only reason that makes me wanna stay here is that my relatives has a business and i would like to be working for them as they offer me a good job and i'd wanna pay taxes like everyone else does...if there's a way to switch my visa to work visa i would have done it but i have been told it's not possible to do so from here..

now u just focus on your marriage and make sure your not being used by your fiance, you are probably having doubt about your own man because you are acting this way ;) ciao

:rofl:

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Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)
I'm sure people here can suggest some lawyers.
Here, OP -- this may be the only law firm that you need to talk to:

http://www.fosterquan.com/Contact_Us/Setup_a_Consultation/

A few years ago, their e-mail consultation was $125. I was contacted very rapidly and got far, FAR more in value (and their time) than that cost.

I knew that they were the largest law firm west of the Mississippi, but not second-largest in the country. OP, go for it. Let us know, si man.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)

So now my wife is getting crazy and she wants divorce well to be more specific she wants an annulment and she thinks we didn't take our time before getting married... we have been married only for 4 months. i came on a k1 visa... i know that if we didn't get married i would have to leave the country and won't be able to adjust status in any way but since we got married, am i still able to adjust status even if we divorce??? i have EAD but no green card yet. please if you have experience reply if not then don't. i have just read this post and it seems kinda positive.

K1 Adjustment of Status After Divorce: Is it Possible?

<snip>

Decision of the Ninth Circuit Court of Appeals on K1 Adjustment of Status After Divorce in CHOIN VS. MUKASEY, 537 F.3d 116 (9th Cir. 2008)

Facts of the case:

Yelena Choin was admitted to the U.S. in 1998 as the fiancée of a US citizen, and her two children were admitted in K-2 status. On February 20, 1999, Yelena married her US citizen fiancé, Albert Tapia, and on April 14, she and her children applied for adjustment of status. Almost two years later, on April 9, 2001, five days short of their second wedding anniversary, Choin and Tapia divorced.

Yelena's immigration nightmare began on August 27, 2001, when the USCIS denied her adjustment application because of the divorce, and placed her in removal proceedings. An Immigration Judge also denied her adjustment application and the Board of Immigration Appeals (BIA) agreed with the IJ. The BIA also denied Yelena's Motion for Reconsideration.

USCIS Arguments:

The USCIS based their decision on the fact that the marriage was no longer viable. It was argued by the USCIS that a K1 visa holder is ineligible to adjust status to lawful permanent residence if the marriage ends before the USCIS adjudicates the application for his or her K1 adjustment of status.

<snip>

On August 12, 2008, in an important immigration decision, the court held that foreign nationals who marry their fiancé after entering the United States on a K-1 fiancé visa, and who subsequently obtain a divorce prior to obtaining permanent resident status, are still entitled to adjust to resident status.

The Appeals Court held that it found nothing in the plain language of Section 245 (d) suggesting that an application that was valid when submitted should be automatically invalid when the petitioner’s marriage ends by divorce 2 years later. The Court also held that the purpose and context of § 245(d) also do not support the government's reading of the statute that requires the automatic removal of immigrants whose marriages end in divorce while their application for adjustment of status languishes in the agency's file cabinet.

The reason this worked for this person is because they filed AOS in April 1999, they divorce in April 2001. It took USCIS TWO YEARS to adjudicate the AOS. The decision had a lot to do with how long it took them to actually adjudicate the petition and that the divorce should not have automatically cancelled it. It also makes no mention of the spouse withdrawing their I-864 as in the aforementioned case, this was not done, marriage alone doesn't enable you to AOS, you still need her support to do so.

The Court relied on their previous holding in Freeman vs. Gonzalez, 444 F.3d 1031 and as a result of the Court's decision in Choin vs. Mukasey, Yelena's immigration nightmare finally ended.

This holding continues a long line of cases (Matter of Boromand, Matter of McKee) that hold that a marriage must only be valid at inception. Indeed, the parties do not need to be married at the time USCIS adjudicates the adjustment application.

FREEMAN vs. GONZALEZ

In Freeman vs. Gonzalez, 444 F.3d 1031 (9th Cir. 2006) it was held that if a marriage to the US citizen was bona fide, the fact that the citizen spouse dies before the USCIS makes a final decision on the application for adjustment of status does not stop it from being approved.

Conclusion:

The government has long refused to grant adjustment of status for K visa recipients whose good faith marriage ended in divorce prior to the adjudication of the adjustment application. It is gratifying to see that the termination of the good faith marriage through divorce need not result in the removal of the K visa holder when it is the government that takes several years to adjudicate the applications.

Prior to the Choin decision, the USCIS would have denied the application for K1 adjustment of status after divorce, since the marriage was no longer in existence. However this is no longer true, at least for applications submitted by persons who live in any of the states within the jurisdiction of the US Court of Appeals for the Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon and Washington).

Thus, if you enter into a bona fide marriage, but unfortunately the US citizen spouse dies, or the marriage ends in divorce before the USCIS makes a decision on the application for K1 adjustment of status, don’t panic. The 9th Circuit's holdings in Freeman vs. Gonzalez and Choin vs. Mukasey may save you from deportation and allow you to adjust your status to permanent resident.

You're grasping at straws. The bolded parts above are the important parts.

Your AOS is not taking "too long" to adjudicate. Your application is so unlikely to be approved it would be a waste of time and money to try. But by all means go see an immigration attorney and ask them. Bearing in mind SOME will just take money to fight a lost cause.

I suggest you save up and return to your home country asap. Best of luck to you.

Edited by Vanessa&Tony
Filed: Timeline
Posted

Here, OP -- this may be the only law firm that you need to talk to:

http://www.fosterquan.com/Contact_Us/Setup_a_Consultation/

A few years ago, their e-mail consultation was $125. I was contacted very rapidly and got far, FAR more in value (and their time) than that cost.

I knew that they were the largest law firm west of the Mississippi, but not second-largest in the country. OP, go for it. Let us know, si man.

Thank you my friend, i will buy you a drink if this works for me

Filed: Country: Jamaica
Timeline
Posted

Yow U may be really being abused but U seem to be in fact cocky and having these little beliefs about women, you have a right to move on with someone else, man stop coming off like you think females are beneath you for speaking up, Why not go back to Italy since you have nothing here & residency there? hope the rest of your journey goes well .

Filed: AOS (apr) Country: Morocco
Timeline
Posted (edited)

what is your problem? u keep attacking me on every post!!! you sound like donlad trump... take a chill pill. and no i didn't beg her, actually she came after me and begged me to be with her and obviously she brought me here but this is not a video game, u can't just quit and be inconsiderate about people who were part of your family so i think you should be mean to her not me... i'm not being cocky but it's not hard for me to hook up with any woman... so no i didn't use her, if i just wanted to come to America i would have married any girl and came here but it wasn't the plan to even come live here, i took her to Italy and was trying to get her a job there since i hold the Italian citizenship as well and we were gonna get married over there but she changed her mind like women always do and wanted us to come get married here around her family... so bottom line i wasted lots of time with her and it's not fair for me to start all over again just because of her moody A**.... anyway the only reason that makes me wanna stay here is that my relatives has a business and i would like to be working for them as they offer me a good job and i'd wanna pay taxes like everyone else does...if there's a way to switch my visa to work visa i would have done it but i have been told it's not possible to do so from here..

now u just focus on your marriage and make sure your not being used by your fiance, you are probably having doubt about your own man because you are acting this way ;) ciao

Some posts are so full of hidden gems of information. If you've been in country only 4 months thats like a long vacation, and I doubt any USCIS offical would be convinced that your life is here in the US now, and returning to Italy would be so unfair, and "starting all over again." As you said, you don't even have you EAD or a job yet. Thats one of the reasons why they do the K-1...so you're marriage turns out to be a sham, (and I doubt its just one person who is to blame) then you, the non-citizen can go home before its too disruptive to your life.

If you want to be a legal taxi paying citizen of the US, you will have to go back to Italy, and return with a work visa...then go from there. If you do have some connection will give you job before you apply, that should help. I'd start planning your trip home, and looking into the work visa. But if the anullment happens, you no longer have authorization to stay. And you don't want to overstay, or you'll jeopardize your chance to come back. Or if you're such a ladies man, as you stated above, you might find a new wife who doesn't mind your attitudes about women. Good Luck!

Edited by SaharaSunset
  • 3 weeks later...
Filed: Timeline
Posted

You know what I think is funny about these posts? Your marriage is failing and the first thing you think about if immigration status. Shouldn't you be more concerned about trying to save your marriage if you really love your wife.

my point exactly! it seems as tho the marriage is and was never the reason, it was "AMERICA". When my Ukraine wife did this, she never even attempted to ask me if we should go to counseling, just left. Thankfully her next marriage didnt work out either, and now the ***** is back there, for good.

Filed: Timeline
Posted

my point exactly! it seems as tho the marriage is and was never the reason, it was "AMERICA". When my Ukraine wife did this, she never even attempted to ask me if we should go to counseling, just left. Thankfully her next marriage didnt work out either, and now the ***** is back there, for good.

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