Wife cheating & threatening divorce

[Cheezees 1,514]

This is not what i meant. he might have a way to settle down here (by book) Like what? , i don't know. Hundreds of people does that. Explain please. Let the USCIS decide who will will go home or not. USCIS already has. If the couple divorces before the AOS is completed and there was no abuse, the non-US resident has to leave. what you put was not helpful which is the essence of this forum. You wrote this response to the wrong person AND the advice given was actually spot on. The OP should divorce and go back to their country. That advice is not only helpful but legally correct.

[almost_umrican 54]

I didn't write it, I'm just asking why the person who wrote it should sugarcoat the truth?

If the wife divorces him before his AOS is approved he has no legal status and would have to go home if he does not want problems further down the road.

No time i ever mentioned the content was wrong. yes you are right and i am aware of this.i mentioned it could have been put across in a nicer way not "divorce and go home".

He has no legal path to stay if his wife divorces him. He was a K-1, the only path to legally stay is through marriage with the petitioner, and he must be married when the green card is issued. Unless it was a case of abuse, but nothing of the sort was alleged by him. Infidelity is not abuse.

Yes, OP and the partner can work on to save the marriage is what i was trying to put across. the partner can't threaten the beneficiary with whatever the OP mentioned. it can be considered in the favor of the beneficiary if proven.

This is not what i meant. he might have a way to settle down here (by book) Like what? , i don't know. Hundreds of people does that. Explain please. Let the USCIS decide who will will go home or not. USCIS already has. If the couple divorces before the AOS is completed and there was no abuse, the non-US resident has to leave. what you put was not helpful which is the essence of this forum. You wrote this response to the wrong person AND the advice given was actually spot on. The OP should divorce and go back to their country. That advice is not only helpful but legally correct.

Read what i put

[Cheezees 1,514]

No time i ever mentioned the content was wrong. yes you are right and i am aware of this.i mentioned it could have been put across in a nicer way not "divorce and go home".

Yes, OP and the partner can work on to save the marriage is what i was trying to put across. the partner can't threaten the beneficiary with whatever the OP mentioned. Not only can she, but the wife already did threaten the OP. it can be considered in the favor of the beneficiary if proven. In the favor of the beneficiary in the case of what? If she wants to divorce him tomorrow, she can and the OP would have to return to his country. She can also at any time withdraw the AOS application, even before divorcing the OP. Unless the AOS application is complete, the OP has no legal recourse. They must go back home.

Read what i put

[almost_umrican 54]

Why would the OP want to stay with someone who doesn't love him? Who cheats on him? Saying they want a divorce is not a threat.

i am sorry but the OP put wife is divorcing and threatening with immigration. what i mentioned about saving marriage, to live with a cheat is somewhat personal to the individual. what i meant was saving marriage is an option.

[Caryh 5,206]

Not that it matters but it doesn't sound like the OP came on a K1.

yep you're right. But with a pending AOS he's still in pretty much in the same boat. No valid marriage equals no green card.

[Unidentified 2,930]

i am sorry but the OP put wife is divorcing and threatening with immigration. what i mentioned about saving marriage, to live with a cheat is somewhat personal to the individual. what i meant was saving marriage is an option.

The wife wants a divorce, she's done. There's nothing to be saved. And we only hear one side of the story. Most likely the talk about immigration came up in a heated argument. We don't know. It's not abuse.

Let's stop arguing and let the OP respond (if he wants to). There's no point in arguing with facts we don't have.

[almost_umrican 54]

yes that is correct, what i put across was if in case the couple decide to save the marriage.

The wife wants a divorce, she's done. There's nothing to be saved. And we only hear one side of the story. Most likely the talk about immigration came up in a heated argument. We don't know. It's not abuse.

Let's stop arguing and let the OP respond (if he wants to). There's no point in arguing with facts we don't have.

i agree. cheers

[Cheezees 1,514]

Why would the OP want to stay with someone who doesn't love him? Who cheats on him? Saying they want a divorce is not a threat.

I think that poster is confusing legal and moral obligations. As nasty as the wife is acting, she is correct in her statement to the OP. She can divorce him and he will have to return home.

[Caryh 5,206]

Yes, OP and the partner can work on to save the marriage is what i was trying to put across. the partner can't threaten the beneficiary with whatever the OP mentioned. it can be considered in the favor of the beneficiary if proven.

Theoretically it could. I don't know how easy that would be to prove though, plus did one instance reach a high standard of emotional abuse to warrant issuing a VAWA approval?

[almost_umrican 54]

I think that poster is confusing legal and moral obligations. As nasty as the wife is acting, she is correct in her statement to the OP. She can divorce him and he will have to return home.

i agree

[almost_umrican 54]

Theoretically it could. I don't know how easy that would be to prove though, plus did one instance reach a high standard of emotional abuse to warrant issuing a VAWA approval?

Like you mentioned earlier, the facts are not there.we don't know. there can't be definitive answers

[Unidentified 2,930]

Theoretically it could. I don't know how easy that would be to prove though, plus did one instance reach a high standard of emotional abuse to warrant issuing a VAWA approval?

Being cheated on and asked for a divorce is not abuse. How come so many people bring up VAWA as soon as a USC asks for a divorce. Divorce happens, it's not abuse. We're only hearing one end of the story. Let's not make a colorful bird out of a grey feather.

[Caryh 5,206]

Being cheated on and asked for a divorce is not abuse. How come so many people bring up VAWA as soon as a USC asks for a divorce. Divorce happens, it's not abuse. We're only hearing one end of the story. Let's not make a colorful bird out of a grey feather.

I was replying to a comment on the idea that threatening immigration status can constitute abuse, valid for a VAWA petition. I was not saying divorce is abuse. But saying I'll divorce you so you won't get your green card unless you do as I want is abuse. This isn't working out, I want a divorce is not abuse.

[Boiler 46,242]

Could you not get divorced and find someone else to marry?

[templeton 120]

I was replying to a comment on the idea that threatening immigration status can constitute abuse, valid for a VAWA petition. I was not saying divorce is abuse. But saying I'll divorce you so you won't get your green card unless you do as I want is abuse. This isn't working out, I want a divorce is not abuse.

Sorry, where is the abuse? At least from his words, she's not using his immigration status to control, blackmail or extort him in any way.

Her saying that he will be sent packing is the truth. It may not be the nicest thing to say, but I can't imagine this would even come close to qualifying as a VAWA.