I dont understand

[Villanelle 4,121]

Sorry capri, you're wrong. a K1 entrant can ONLY adjust to the USC that petitioned them. Period.

Their K1 visa expires as soon as they entered the US with it. The date on the visa is only there as the date they must use the visa to enter the US by. Once they're here they're governed by the I-94.

If they marry before their I-94 expires they're able to adjust status based on the I-129F (no requirement for the I-130), if they (the USC petitioner and K1 entrant) married AFTER the 90 days they could still AOS but it would not be based on their approved I-129F petition (the requirement is marriage in 90 days to use the I-129F) and they would need to file the I-130.

If he tried to file an I-130/I-485 with someone else he would have to disclose he entered on a K1. That would preclude him from using the I-485 (though they'd take his money). He could still process the I-130 but it would mean leaving the country to get a CR-1, and it would be HEAVILY scrutinized.

See here: http://www.k1k3visalawyer.com/can-a-k-1-visa-holder-marry-another/ which leads you here: http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7406.html

lol Vanessa. Thats kinda what I said. A 130/485 is the same thing as the CR1. (but its late and Im starting to type the wrong words again and giving you a lot of cr*p to correct again so Im gonna stop)

The guys been out of status a while on his K1. If he cant bully or sweet talk his wife into filing for his GC, then hes got to find another woman in the US, sweet talk her, marry her and go home and go through the process again. She needs to contact ICE and send a letter to USCIS reporting his A# for possible fraud in the future. Hopefully he'll divorce her quickly so he can marry the next woman quickly.

Just a thought. If he does remarry... and the next spouse fills out an 864? does he now have 2 864s? If he incurs means tested debts will they divide the debt amoungst both signers?

Perhaps the OP should consider demanding the husband signs a clause in the divorce stating he will not seek means tested benefits while the 864 in her name is active or if he does he will repay them if she is ever billed- because it seems he wants the divorce more then she does so he can obtain a new marriage to get another GC.

[Ismail+Cassie 36]

lol Vanessa. Thats kinda what I said. A 130/485 is the same thing as the CR1. (but its late and Im starting to type the wrong words again and giving you a lot of cr*p to correct again so Im gonna stop)

The guys been out of status a while on his K1. If he cant bully or sweet talk his wife into filing for his GC, then hes got to find another woman in the US, sweet talk her, marry her and go home and go through the process again. She needs to contact ICE and send a letter to USCIS reporting his A# for possible fraud in the future. Hopefully he'll divorce her quickly so he can marry the next woman quickly.

Just a thought. If he does remarry... and the next spouse fills out an 864? does he now have 2 864s? If he incurs means tested debts will they divide the debt amoungst both signers?

Perhaps the OP should consider demanding the husband signs a clause in the divorce stating he will not seek means tested benefits while the 864 in her name is active or if he does he will repay them if she is ever billed- because it seems he wants the divorce more then she does so he can obtain a new marriage to get another GC.

I thought without AOS you dont fill out the 864 yet, so she doesnt need to even worry about that?

[Darnell 8,478]

Just a thought. If he does remarry... and the next spouse fills out an 864? does he now have 2 864s? If he incurs means tested debts will they divide the debt amoungst both signers?

No. current spouse filed only an I-134, for the K-1 visa, and it's unenforceable. Since she's had the AOS withdrawn, the I-864 is withdrawn also and currently there's no I-864 in play.

So, this concept of 'two I-864s in play' for this roaming immigrant husband? Doesn't apply to him.

Edited February 8, 2013 by Darnell

[Kazulie 132]

OP, pull the plug now. DO NOT "HELP" THIS MAN ANOTHER SECOND. Besides all the self-esteem issues running through my head because of the mere thought of helping this man, do you really want to be on the financial hook for this scum for the next 10 years?!?!? He could financially damage you, and I PROMISE you, he's not going to give one flying piece of doo doo!

Edited February 8, 2013 by Kazulie

[Darnell 8,478]

Perhaps the OP should consider demanding the husband signs a clause in the divorce stating he will not seek means tested benefits while the 864 in her name is active or if he does he will repay them if she is ever billed- because it seems he wants the divorce more then she does so he can obtain a new marriage to get another GC.

Won't apply in this particular instance -

as an I-864 wasn't filed for an adjustment of status case by the OP. Well, it was, but she withdrew the case, so the I-864 was withdrawn as well. To be clear - the I-864 is not in force, as it was withdrawn as part of withdrawing the AOS case, prior.

The I-134 is not enforceable, but truly covers the 90 days of the I-94 period, only.

Edited February 8, 2013 by Darnell

[KayDeeCee 4,893]

lol Vanessa. Thats kinda what I said. A 130/485 is the same thing as the CR1. (but its late and Im starting to type the wrong words again and giving you a lot of cr*p to correct again so Im gonna stop)

The guys been out of status a while on his K1. If he cant bully or sweet talk his wife into filing for his GC, then hes got to find another woman in the US, sweet talk her, marry her and go home and go through the process again. She needs to contact ICE and send a letter to USCIS reporting his A# for possible fraud in the future. Hopefully he'll divorce her quickly so he can marry the next woman quickly.

Just a thought. If he does remarry... and the next spouse fills out an 864? does he now have 2 864s? If he incurs means tested debts will they divide the debt amoungst both signers?

Perhaps the OP should consider demanding the husband signs a clause in the divorce stating he will not seek means tested benefits while the 864 in her name is active or if he does he will repay them if she is ever billed- because it seems he wants the divorce more then she does so he can obtain a new marriage to get another GC.

Filing the I-130 and I-485 together is not the same as a CR-1. The I-485 is used to adjust status within the US. He cannot file to adjust status with anyone else other than the USC that petitioned him for the K-1 visa.

He would not have 2 I-864 forms. As far as I understood the OP, the AOS was denied because she withdrew her sponsorship(I-864). There is no current I-864 in place for him. Hopefully the OP will divorce him and not go ahead with his blackmail attempts to get her to commit fraud by lying to get him a green card.

If they divorce and he finds another USC willing to marry him, that USC would file the I-130 and he would need to return home. That USC would then have to send an I-864 for him to the NVC when the time came. He would need to interview again and prove their marriage was real and not for immigration purposes. He would have a tough time with that.

[EAS 45]

If you remain married to a person solely for the purpose of obtaining an immigration benefit from the US Government, then YOU are breaking the laws of the United States. Only you can decide if that is how you wish to live your life.

[InHisTime 110]

I know this appears to be my first post on this forum but it is not. I started a new account due to keeping my privacy intact. Here is my story, my husband came here, we got married. He left during the initial stages of the immigration process, He was just gone, I didnt know where he was or anything. After multiple threats to my situation and his own immigration status and lawyer's advise they advised me to cancel my sponsorship. Well, I did that and of course a few weeks later he comes back and I feel bad and immediately send and letter to USCIS saying i do not want to cancel, well what happened was they never opened the letter and we got denied. I paid for an appeal with my lawyer and the appeal got denied also. In that time my husband was in and out of the house. I am not totally blaming him for all the issues that would be unfair. It has been so rocky, but yet once again I gave it another try because truly I do love him. We decided we would do his while immigration status over. Of course since he feels it is all my fault because i cancelled the first time (not recognizing that i attempted to stop it) he says well i have to pay for it all again myself. Maybe I am stupid but i agreed, so we started the paperwork again. Well here we are and he tells me the marriage isnt going to work but would still like me to do his paperwork, to "help him". He wants to postpone the divorce until he gets his green card. He tells me If i am a good person I will do this and help him because i Have messed up his life. At first I feel guilty and think well maybe he is right, and my lawyer fills the paperwork out but also cautions me that there will be an interview and I need to realize that it will be hard to prove a bonafide marriage when we are not living together. He says he will do it because he is trying to understand why i feel the need to help, but I should really think about it. I then say to my husband i do not know if I can stay in a fake marriage for his status for many reasons. Some of the reasons are, how do i move on, it is illegal, and I really wanted a marriage not an arrangement. He then says well if you help me maybe i will work on the marriage with you, but first I need proof that you have filed my status. I sit here confused because I do feel guilty, I just dont know what to do. While i am thinking of all this and trying to clear my head and make the best decision he then tells me listen if you are going to do it do it now if not divorce me so I can marry another woman to do my status. I was shocked, not sure why, but i was. I asked my lawyer if this is possible and he said yes. This whole situation has me sick to my stomach. It is affecting every aspect of my life.

So sorry about your marriage. There is no real LOVE from him. True love is unconditional. I hope you try to be strong and not give in to his demand. He is not worthy at all - being selfish. Please don't do things that you will regret later. He is teaching you to lie -- not a good partner. Be thankful to God for knowing his true color. Be well....protect your self and don't ever do things that will ruin your good reputation. You know what is right for you. Love is never selfish. God bless you friend.

[Ebunoluwa 6,136]

The longer you are allowing this clown to use and play you, the longer true love with a good man will not happen. You need healthy boundaries not co dependancy. You can not change him. Take your life back. He is comtrolling you.

[eric LOVES janice 6]

He is a total #######! Why do you feel guilty when even from the start of the process he left you without a word and just came back because he just wanted to come back? Like everyone else says, file a divorce. Make him suffer.

[moemac59 192]

I know this appears to be my first post on this forum but it is not. I started a new account due to keeping my privacy intact. Here is my story, my husband came here, we got married. He left during the initial stages of the immigration process, He was just gone, I didnt know where he was or anything. After multiple threats to my situation and his own immigration status and lawyer's advise they advised me to cancel my sponsorship. Well, I did that and of course a few weeks later he comes back and I feel bad and immediately send and letter to USCIS saying i do not want to cancel, well what happened was they never opened the letter and we got denied. I paid for an appeal with my lawyer and the appeal got denied also. In that time my husband was in and out of the house. I am not totally blaming him for all the issues that would be unfair. It has been so rocky, but yet once again I gave it another try because truly I do love him. We decided we would do his while immigration status over. Of course since he feels it is all my fault because i cancelled the first time (not recognizing that i attempted to stop it) he says well i have to pay for it all again myself. Maybe I am stupid but i agreed, so we started the paperwork again. Well here we are and he tells me the marriage isnt going to work but would still like me to do his paperwork, to "help him". He wants to postpone the divorce until he gets his green card. He tells me If i am a good person I will do this and help him because i Have messed up his life. At first I feel guilty and think well maybe he is right, and my lawyer fills the paperwork out but also cautions me that there will be an interview and I need to realize that it will be hard to prove a bonafide marriage when we are not living together. He says he will do it because he is trying to understand why i feel the need to help, but I should really think about it. I then say to my husband i do not know if I can stay in a fake marriage for his status for many reasons. Some of the reasons are, how do i move on, it is illegal, and I really wanted a marriage not an arrangement. He then says well if you help me maybe i will work on the marriage with you, but first I need proof that you have filed my status. I sit here confused because I do feel guilty, I just dont know what to do. While i am thinking of all this and trying to clear my head and make the best decision he then tells me listen if you are going to do it do it now if not divorce me so I can marry another woman to do my status. I was shocked, not sure why, but i was. I asked my lawyer if this is possible and he said yes. This whole situation has me sick to my stomach. It is affecting every aspect of my life.

I say kick this mofo scumbag to the curb now and run for the hills! Divorce his a%$. It is people like this that come into the country on the pretense of being in love ONLY to obtain a green card that makes it harder for people who legitimately want to be together. This man obviously cares only about himself. The fact that he made you pay to do the paperwork again and is trying to make you feel guilty for withdrawing your application when he abadoned you is just plain wrong. This man is just using you. Dump him, file for divorce, contact ICE and move on. DO NOT FEEL guilty. The only thing that you are guilty of right now is putting your trust into a con artist whose main motive was using you to get his green card. Don't let him make you feel guilty and try to emotionally blackmail you. Someone who loves you would never ask you to do anything illegall and put you at risk of going to jail. What happens to him after you kick him to the curb is not your problem.

I wish you luck with this.

[mtcmk1 37]

Don't listen to him! Stop this relationship now and don't file for him! He is clearly using you. Just like he needs proof before he 'works' on this with you--you yourself may need proof that once he receives is GC, he won't leave you again. If you have feelings for him still, don't do it because it is illegal. And it is not worth risking something like that for someone who doesn't love you... Good luck!

[Enigma11561 336]

The ONLY thing that matters to this man is his green card. Period. And he is willing to commit fraud, have you commit fraud and possible go to jail to get it. GET RID OF HIM ALREADY !!

[USA-ALG 63]

Dear Missy and Vj'ers!!

Please pardon me if I sound brash! But this needs to be said.

#1: IF the alphabet men, i.e. USCIS, ICE, FBI, CIA, etc, find out you willingly filed out of false pretenses, then it will be ON YOU. You will be charged with heavy fines, penalty, and a record for the rest of your life.

#2: Are you lower than dirt? NO! Then don't let him treat you like that.

#3: Are you a dog? Then why is he ordering you around like one and yet leaves you like a master leaves his dog at home....

#4: You are a human with a brain and a heart of gold.

#5: Forget the appeal, he is manipulating you... Leave him in his country to ROT.

Finally: Do the right thing, SAVE HUMANITY (i.e. yourself and your sanity and not to burden the GOVERNMENT with bad men like him in USA).

E

Edited February 8, 2013 by USA-ALG

[Ginet 0]

He actually did you a favor by showing his true colors early on. Now he loses more. Move on while you can before he causes you more harm... Nobody deserves a love like that.