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lisa ati

How to leave my K1 Visa husband who just joined the army

By lisa ati in Effects of Major Family Changes on Immigration Benefits

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nane1104 Proficient

nane1104   146

Posted
Filed: Citizen (apr) Country: Germany
 Timeline
Posted

OP, I think immigration wise, you have no say in anything anymore. But you can do a lot through the military to get him into trouble. If you have proof, that he is sleeping around, you can report him. Adultery is a serious offense under Military law.

I would start by contacting his superior officer and just explain your situation. I would hope they would help you get in touch with legal office.

You can approach this in different ways: report him with the goal to make his life hell and possibly have him kicked out (which still wouldn't change his immigration status much) or you could try to get the most of the benefits you are entitled to: health insurance, benefits to shop at commissary and BX, entitlement to his SGLI in case something happened to him. You are not entitled to a cash out of his BAH. That is not how it works. If you are officially separated, you can claim child support and yes, they will take it out of his paycheck automatically.

Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 received visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transferred to California Service Center

01/16/2008 letter to Congressman

03/27/2008 GREENCARD arrived

ROC

02/02/2010 filed I-751

07/01/20010 Greencard arrived

 

Naturalization

12/08/2021 N-400 filed 

03/15/2022 Interview. Approved after "quality review"

05/11/2022 Oath Ceremony

 

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discoverusa
discoverusa

Are you serious? How ignorant and mean is this statement. Why would she want to give her children away for adoption, simply because their father is a jerk. You don't make any sense. I find your commen

Cathi
Cathi

Why in the world would she ever want to put her children up for adoption, why would you even suggest if?????? Seriously!?!?

milimelo
milimelo

Since he already has a green card, nothing you can do about it - he can remove conditions on his own but you're still on the hook for repayment of any means-tested benefits he uses. That all would sto

sparkles_ Proficient

sparkles_   456

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

OP, I think immigration wise, you have no say in anything anymore. But you can do a lot through the military to get him into trouble. If you have proof, that he is sleeping around, you can report him. Adultery is a serious offense under Military law.

I would start by contacting his superior officer and just explain your situation. I would hope they would help you get in touch with legal office.

You can approach this in different ways: report him with the goal to make his life hell and possibly have him kicked out (which still wouldn't change his immigration status much) or you could try to get the most of the benefits you are entitled to: health insurance, benefits to shop at commissary and BX, entitlement to his SGLI in case something happened to him. You are not entitled to a cash out of his BAH. That is not how it works. If you are officially separated, you can claim child support and yes, they will take it out of his paycheck automatically.

WRONG. She is entitled to the differential between single BAH and dependent rate. UCMJ even states this. The soldier, when separated and doesn't have actual physical custody of the children, has to give the BAH for the children.....a soldier living alone has no right to dependent rate BAH. I've seen this many times and it is almost always understood that the BAH will sub for support til divorce is final while the soldier lives in the barracks.

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
sparkles_ Proficient

sparkles_   456

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

OP I'm going to link you to military one source, something you should have been told about already hopefully. Specifically the legal section

http://www.militaryonesource.mil/legal?content_id=269358

  • Housing/housing allowance. Housing allowances are an additional monetary amount paid to service members in lieu of furnished quarters. When a service member has dependents, the amount of the allowance is increased to support both the service member and his or her family. If your spouse has abandoned your family, you should be entitled to a portion of this allowance.

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
  • 2 weeks later...
Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

OP, I think immigration wise, you have no say in anything anymore.

I disagree, on this one point.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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