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Posted

There is no right to immigration. Even with a visa or a GC, there is no right to enter the US. The only people guaranteed entry to the US are US Citizens.

The OP has no spouse to go live with, and she wants to use a spousal visa. Anyone encouraging her is encouraging illegal activity and fraud.

Precisely.

Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

Filed: Timeline
Posted

And the survey says:

BZZZZZZZZZZZZZZZZTTTTTTTTTTTTTTTTTTT!!!!!

You DO NOT need the other party's consent or signature to get divorced in the USA. End of. Your advice is 100% inaccurate.

50% inaccurate. You don't need consent but you do need a signature.

Either party can file for a divorce without the other but for a divorce to be legal in the US both parties have to sign it. This can be done willingly or with a court order.

Posted

50% inaccurate. You don't need consent but you do need a signature.

Either party can file for a divorce without the other but for a divorce to be legal in the US both parties have to sign it. This can be done willingly or with a court order.

Divorce can be had in absentia. People whose spouses run off and hide can still get divorced.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

***Posts advocating visa fraud removed along with posts quoting, posts minus the quote returned below. Administrative Action taken***

It becomes illegal since she plans not to stay with him because of threats. Its a big mistake to lie especially when find out. Its a conditional visa, as what you have said its a visa that you need to stay with your spouse not a visa to go abroad and work.

I suggest you look up the definition of fraud. Fraud is illegal in many contexts, including making misrepresentations when entering the U.S. with a visa. You're completely wrong.

If she is lying about that (her first post indicated she did not intend to be with her husband) then it is illegal.

From an immigration attorney website:

Under the U.S. immigration law, material misrepresentation is a ground of inadmissibility whether stated only on a visa application, upon entry, or on an immigration petition or application. It can create a permanent bar from getting a visa issued, changing status or adjusting status to permanent resident, and immigrating. Some statements are considered material misrepresentation if the speaker sought a benefit and that the benefit would not have been granted absent the misrepresentation, and the speaker believed and understood that what he or she had said was false.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Posted

The visa you were granted is for the intention of moving here to be with your spouse. That is no longer the case, so you legally can not use it to enter the USA. You would be committing fraud.

Posted

Can i go to the US although im not gonna stay with my hubby side?

Here we go again. Members providing legal advice based in hearsay and anecdotal stories of something they have no experience with.

Personally I think she's using you people to provide circumstantial evidence of an ongoing abuse to stay legally.

How is she going to get any evidence of abuse since she isn't going to be with her husband?

50% inaccurate. You don't need consent but you do need a signature.

Either party can file for a divorce without the other but for a divorce to be legal in the US both parties have to sign it. This can be done willingly or with a court order.

A signature is not required when notifying by publication.
Posted

Talk with a immigration Lawyer/ or a immigration counselor!...?? If you can find one that's willing to give you advice, and information without charging you a fee

right away???....than Do that Please.

If you can't Do that then call NVC, or any part of Immigration that can handle your problems, and let them know yourself what's going on between you and your

Husband......

Filed: K-1 Visa Country: Philippines
Timeline
Posted

yes, no, no .... and why would you want to go to the US if there is no marriage ... whole thing seems fishy.

Can my hubby cancelled my VISA so i cant enter or go in US?

Can i go to the US although im not gonna stay with my hubby side?

Can i go to the US and stay with my relatives and find a job or find a own employer?

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

It looks like you and your husband have been on this visa journey since at least 2012, which tells me that he cared about you enough and believed in your relationship at some point. Why not concentrate and finding a mediator to mend what has been broken and getting you both back on the right path instead of fighting him in a battle that you are not likely to win. As previously stated, it is a spousal visa and said spouse has changed his mind for some reason. Please find a way to fix that big pink elephant in the room. Good Luck!

Love is a gift and not to be earned, therefore one should never hold any regrets for giving love regardless of the outcome...

http://www.whitehouse.gov/share/immigration-and-economy?utm_source=email&utm_medium=email&utm_content=email221-text1&utm_campaign=immigration

event.png

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

So this is my story:

i dont know how to start this. but i have already a US visa and all i need is plane ticket and immigration fee. but my hubby he fight me so much and accusing me that i had a man here. (jealousy type). but since he say that to me and never listen with my explanation. he told me that if he find out that i am in US without knowing. he going to killed everyone who helped me. so im so shocked what he says. and told me that he going to cancelled my visa. he told me also that he was already talked the VA lawyer for divorce. but he forgot that i have a cousin in VA (VETERANS AFFAIRS) whos working there. and i asked about the lawyer if they allowing to do the divorce and my cousin she answer me with facial action as in she cant control her laugh. and she told me that the VA lawyer they are not performing about divorce cases. so since i find out that my hubby blackmailing me about that. this morning i got a message from him and he told me that he talked already the NVC for cancelling my visa. but i never response any of his message after what he do to me with those threat.

So guys my questions is:

Can my hubby cancelled my VISA so i cant enter or go in US?

Can i go to the US although im not gonna stay with my hubby side?

Can i go to the US and stay with my relatives and find a job or find a own employer?

anyways i am CR-1 holder and my 2nd wedding aniv. this coming MAY 18.

thank you guys!

If you're not in the country yet, and he now doesn't want you here, he can certainly call and let USCIS and NVC know even if you have the visa in hand. Since you won't be coming to be in a marriage with your spouse, you have 0 (ZERO) reason to enter the US. VA lawyers don't handle divorces, but they can give him some guidance and refer him on what he needs to do, that's probably what he meant...

There's no blackmail here. It sounds like your marriage is over, (or, just as possible, you got your visa in hand, told him that you wouldn't be coming here to be with him now that you have it, and he's taken steps to make sure you don't get in the country) so it's time to move on with your life in your country. If you get divorce papers, sign them, send them back, and be about your business. He can get a divorce without you signing anything if he has to.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Here we go again. Members providing legal advice based in hearsay and anecdotal stories of something they have no experience with.

Personally I think she's using you people to provide circumstantial evidence of an ongoing abuse to stay legally.

This has the Holy Trinity, or very close to it given the circumstance, so yes, it's likely, however since she's not even in the US, there's no way for her to come legally now and she's looking for ways around that, of which there are none.

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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