K1

[ymonz 0]

Good day,

I'm on k1 visa, got married before 90 days. Filed EAD and AOS. After a week of my arrival here in NY I started working already in a construction job w/o having permit. i am the one who is paying her credit cards and rent of our house coz she has less work than i am. After a month of our marriage I found out that she is using illegal drugs, she is always mad and irritated and gets mad at me when we're not having sex. Honestly speaking, i am totally discouraged coz shes 100% different here than in the Phil's. We are always arguing. Till she decided for us to go to a marriage councillor. I thought its for good but i got surprised coz she tells the councillor that she wants me to move out the house and the home owner which is his friend don't want me anymore there also. So I moved out coz I don't want any trouble.. Thank you for my boss coz he let me stay in his house till I got money to go to my cousin in Kentucky. Now we're separated. My question is, can uscis still approve my pending AOS? If not, can I tell them what really happened to me? I got my EAD already and SSN. Is there anyway I can do to stay here and be legal? Need help pls.. Thank you and GOD Bless us all!

[X Factor 1,112]

You should not have been working the first week ... just saying. What a tough situation.

[ymonz 0]

You should not have been working the first week ... just saying. What a tough situation.

Yup!

Feel like I'm in a limbo right now.. Came here in good faith and this is what I've got. Any advice?

[Moomin 292]

First of all, I'm sorry about your situation.

There's not really abuse - seems like it's a failed/short/rushed marriage more than anything else. You can only adjust status based on your marriage to the original petitioner.

WHile USCIS can approve the petition without an interview, you're basically trying to find a way around something that's not ok because they will not approve it if they know you're not together. AOS is approved based on your wife's affidavit of support and you being and living in a genuine marriage/relationship. You, as the sponsored immigrant, are required to update USCIS of your change of address.

Secondly, please be a bit precautious. Even IF AOS was approved, you will still have to remove the conditions on the greencard in 2 years. By that time(if not before) it'll be brought to USCIS' attention that you seperated even before AOS was approved. An approval that they might revoke.

You could ask her if she's withdrawn the affidavit of support. If so, you can't adjust your status.

Coming here in good faith is fine, I know how it feels like to leave everything behind. However, arriving in good faith isn't enough when dealing with USCIS. You started working after one week, and your marriage failed after a month. How about saving up and return to home country? I know even after 1½ years here, I'd opt for that solution if I was in that position.

Edited February 10, 2013 by moomin

[ymonz 0]

First of all, I'm sorry about your situation.

There's not really abuse - seems like it's a failed/short/rushed marriage more than anything else. You can only adjust status based on your marriage to the original petitioner.

WHile USCIS can approve the petition without an interview, you're basically trying to find a way around something that's not ok because they will not approve it if they know you're not together. AOS is approved based on your wife's affidavit of support and you being and living in a genuine marriage/relationship. You, as the sponsored immigrant, are required to update USCIS of your change of address.

Secondly, please be a bit precautious. Even IF AOS was approved, you will still have to remove the conditions on the greencard in 2 years. By that time(if not before) it'll be brought to USCIS' attention that you seperated even before AOS was approved. An approval that they might revoke.

You could ask her if she's withdrawn the affidavit of support. If so, you can't adjust your status.

Coming here in good faith is fine, I know how it feels like to leave everything behind. However, arriving in good faith isn't enough when dealing with USCIS. You started working after one week, and your marriage failed after a month. How about saving up and return to home country? I know even after 1½ years here, I'd opt for that solution if I was in that position.

My AOS is still in process. And she did change of address already. I got notice from uscis that I did change of address but she's the one who did it not me.

Is there anyway I can get work visa? If not, I think you're right.. Save some and go home. Thank you for your reply! I appreciate it.

[C-ma'am 684]

*******Post moved from K1 to Effects of Major Family Changes on Immigration Benefits; as the post is better suited for this forum

[Moomin 292]

My AOS is still in process. And she did change of address already. I got notice from uscis that I did change of address but she's the one who did it not me.

Is there anyway I can get work visa? If not, I think you're right.. Save some and go home. Thank you for your reply! I appreciate it.

Ok - so USCIS is at least aware of the address change. She seems pretty pro-active with that - which might also imply she knows about the immigration processes. Withdrawing the affidavit of support is usually what Vj'ers would recommend if she was the one asking for advise on VJ so it isn't far fatched she might have done that as well. Personally I'd not keep my hopes up too high.

What you can do - legally - is see if you can find an employer who will sponsor you for a work visa. It is expensive for the employer and it requires skills from you. Here's the VJ guide; http://www.visajourney.com/content/temporary-worker-guide

You do have other issues as well if you decide to pursue other ways of getting to the US(after going home) because you have worked without a work permit. If AOS is denied, you are deportable and will have to leave before you get an overstay, otherwise it'll be a ban from entering the US.

[TBoneTX 46,117]

*** Duplicate thread (with no replies) removed from K-1 Process forum. ***