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Successk

Having a Divorce without green card but your wife is pregnant (merged)

By Successk in Effects of Major Family Changes on Immigration Benefits

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Successk Newbie

Successk   0

Posted
Filed: K-1 Visa Country: Liberia
 Timeline
Posted

I came on a k-1 visa and got married two weeks upon arriving in the united state but I got denied green card because of advidifit of support. A) I went at the DNV to extend my temporary driver license and they said not until i get my green card so what can i do because my wife is pregnant and can't drive around like that

Greenbaum Grand Master

Greenbaum   12,259

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

I came on a k-1 visa and got married two weeks upon arriving in the united state but I got denied green card because of advidifit of support. A) I went at the DNV to extend my temporary driver license and they said not until i get my green card so what can i do because my wife is pregnant and can't drive around like that

You have to "repair" what the denial was with your GC. After that is complete and you receive your GC you then can change your DL. Neither government agency are going to budge on this because your wife is pregnant.

To get her around you are going to have to use buses, taxis, friends, family and/or Uber. There are ways to work through this but you're wasting valuable time. You have to take responsibility.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Successk Newbie

Successk   0

Posted
Filed: K-1 Visa Country: Liberia
 Timeline
  • Author
Posted

I came on a k-1 visa and got married two weeks upon arriving in the united state but I got denied green card because of affidavic of support. A) I went at the DNV to extend my temporary driver license and they said not until i get my green card so what can i do because my wife is pregnant and can't drive around like that

ChicagoSarah Community Regular

ChicagoSarah   127

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

If it was just for affidavit of support, it is likely not an outright denial. Are they waiting for you to submit further documents? Find a co-sponsor and get those documents in ASAP. As the other poster said, it's the only way to get it sorted.

K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

Ebunoluwa Veteran

Ebunoluwa   6,136

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

If you were denied then re file, if the income didn't meet the poverty guideline then get a joint sponsor. What exactly was the reason for the denial ?

You can get a DL on the EAD card which you would get 60-90 days after filing for AOS.

There is no other way around it but to file for AOS again.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Successk Newbie

Successk   0

Posted
Filed: K-1 Visa Country: Liberia
 Timeline
  • Author
Posted (edited)

What happens to a man who has been married for almost two years but without green card because he was denied green card due to affidavit of support? Now the wife wants a divorce but they are expecting a child. Will he leave the country leaving his child back? Or is there anything he could do? Please anyone

Edited by Successk
veroniquepp Rookie

veroniquepp   0

Posted
Filed: AOS (pnd) Country: Italy
 Timeline
Posted

you could file for AOS again with a joint sponsor, but since the AOS would be "based on marriage", if you guys are going to divorce.. there will be no way to get a green card at all. I'm pretty sure you can get a DL without a Green card, but you still need some kind of NOA or EAD card.

OUR JOURNEY! (L)

Summer 2014: we fell in love!

06/08/2015: we got married

DAY 1 07/11/2015: packet sent overnight (I-130, I-485, I-765)

DAY 12 07/23/2015: NOA1- case received

DAY 15 07/26/2015: Biometrics appointment scheduled

DAY 32 08/12/2015: Successful biometrics

DAY 33 08/13/2015: RFE (on i-485) was mailed :(

DAY 40 08/20/2015: RFE Hardcopy received

DAY 44 08/24/2015: RFE response sent

DAY 47 08/27/2015: RFE response received, now waiting for a decision.

DAY 66 09/15/2015: I-765 (Employment Authorization) approved

DAY 73 09/22/2015: EAD card received!!!!

DAY 82 10/01/2015: Interview was scheduled

DAY 112 11/03/2015: Interview day!

DAY 113 11/04/2015: Application APPROVED!

DAY 115 11/06/2015: Card was mailed to me.. :luv:

We knew it.

Time, distance,

nothing could separate us.

Because we knew.

It was right,

and it was real.

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

What happens to a man who has been married for almost two years but without green card because he was denied green card due to affidavit of support? Now the wife wants a divorce but they are expecting a child. Will he leave the country leaving his child back? Or is there anything he could do? Please anyone

Hi,

You can not get a green card except through your wife since you came on a K-1 visa. There is no other way for you to get a green card.

You have two choices for yourself.

1. Continue your overstay and remain illegal.

2. Leave the US.

Having a US citizen child will not fix your problem. It's extremely unlikely that a US court will give you sole custody and allow you to take the child to Liberia.

Sorry.

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Did you have to resubmit an affidavit of support and you just didn't bother to do it?

You say you've been married for almost 2 years. How long after getting your K1 visa did you apply for the Adjustment of Status/green card?

Was the denial based only on the affidavit of support? Was there anything else stated on the denial letter.

I am assuming that you were not at any time in removal proceedings. Is this a correct assumption?

There are so many unanswered questions here.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

 
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