Victim of Visa Intent, Denial of i 130 and i485. Please Help! (merged)

[Karee 4,191]

The I-130 and I-485 have been denied. It's seems obvious she is using the OP for immigration benefits based on his posts. Divorce her and move on. Not your problem any longer.

[MUXAGIRL 69]

Most international students get their SSN once they arrive in the US. I am not sure she had to wait till she married you to get one. Also, after completion of degree, most students get one year EAD card. Again, are you sure it was not through her school?

If she was an active full time student most likely she was in student status, even if her visa had expired. If she gave up her f1 status after filing for I-485 and then her I-485 got denied, then yes, she is now in the US without any status.

When she met you, she gave up her school in a different state and moved to yours to be closer to you. But was that school good enough for her? International students in rigorous degree programs are quite ambitious about their studies and won't just give it up because they got married. May be the school she transferred to was not good enough, so she had to transfer again?

I am of course speculating, and don't know anything beyond what you explain here, and that might not be whole truth either. What I am trying to say is did you try to understand why she changed her school again so frequently wasting all those years ? Something does not make sense here.

[visavictim333 1]

EAD through the i485 process not school. (Which is okay since many do file it concurrently but the fact she hid it from me is one factors on why I felt deceived).

The school I live by is rank as one of the best and safe campus in the state and I helped her get in due to being a local employee and alumni there, but the one she transfer to is near her relatives are for those high school kids who couldn't make it into any college. Didn't make sense to go from a 5 star school to one star aside the fact she wanted to be close to her relatives.

I did try to make it work for almost a year, but after she drained me financially ( I paid for all her school and living expenses), she became distant and didn't contact me unless it was about immigration status or wanting more money to pay for all her expenses.

As a loving husband I didn't want money to be the issue of our relationship and marriage but,

I felt like she used me to get to my state, but these issues deal more with marriage and my concerns are mainly about its correlation to immigration.

In life, sometimes our moral self tries to forgive those that deceive, but when you forgive and give someone too many chances to be honest to only find out that they are being fake and dishonest all over again is hard.

It's like the boy that cried wolf when there wasn't actually a wolf.

We all have different tolerance levels and can believe the first few times, but eventually there is a limit for everyone.

Edited August 17, 2014 by visavictim333

[Harpa Timsah 13,258]

You got what you wanted, the AOS is denied. Not sure why you want to do more.

She may have been in school when you met, did she drop out to get married to you? If so, then her status would expire in the mean time. Her overstay doesn't matter for AOS based on marriage to a USC, so she would have been approved if you had stayed in the marriage. She was in a period of authorized stay while the I-485 was pending, now that it is denied that has been taken away from her.

Her changing the cards to her other address was the correct thing to do from an immigration standpoint. That was her residence and she must inform USCIS of that. That was not a trick.

This all sounds very controlling, like you think you gifted her AOS. When she disobeyed you, you withdrew the AOS as punishment. Your marriage wasn't ending, but you wanted to withdraw the AOS. I don't think AOS is a gift that people should lord over their spouses. It is a responsibility to them, for your marriage. She was a student here and married you; if you wanted her to be in the marriage and not abroad, then you would have to file AOS.

It reads to me like a naive person who thought their husband would want to move to be with her family in the US.

There is nothing you need to do regarding immigration - it's over.

[angelboo31 5]

I agree with Harpa on OP's controlling nature. I am also adjusting from F-1 and I am glad that my husband and I clearly communicate about any issues that are bothering us.

AOS is the nest logical step after marriage to a USC given the impractical rules that are imposed on people that are not USCs or LPRs (I lived in another country in which I was not a resident or citizen and I was able to easily drive, work ... basically live life). My husband can't wait for me to get permanent legal status so that we can have the freedom to visit places and pursue career and life opportunities together as a couple. He in no way puts the AOS over my head as if he is doing me some kind of favor, instead he views this process as a journey for both of us to have a life in America.

You already did not attend the interview thereby halting the AOS process. Do your wife and yourself a favor and file for a divorce. You clearly don't have her interests at heart and she can't live here legally with you in the country so why are you dwelling on her? The immigration process on your part is over.

[NancyNguyen 1,658]

Everyone, please don't judge anything based on one-side story, OP can tell everything he wants. Everything has two sides.

Everything is denied, then you go ahead and file for divorce. There is no more concerns related to her immigration.

[Girl from Celebes 588]

It's very possible to be in school as an illegal immigrant. As a matter of fact, a lot of states have begun offering in-state tuition to illegal residents.

I am not surprise that's why many people from another countries willing to die just come to the US. Too many good things here and free. My husband as a tax payer won't like this if I tell him.