Jump to content
4love

Recieved the K1 visa, about to apply for change of status

By 4love in Effects of Major Family Changes on Immigration Benefits

 Share

26 posts in this topic

Recommended Posts

4love Rookie

4love   1

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

As a K-1, his only hope of a green card is through his marriage to you, or through abuse committed by you (and then filing for a VAWA).

You can not send him home, but those are his only two legal paths to stay here.

If he used you for a green card, and if he knows that those are his only options, then you need to be careful.

Once he realizes that you have no intention of filing for a green card, he may try to set you up for an abuse case.

We have seen it happen here before, so it is best to protect yourself.

If you decide on a divorce, then leave all communication between lawyers and do not have any contact with him.

Of course, he will have no work permit so he may accept a plane ticket back to his home country.

Thanks, there is no abuse. i have been more than kind and gracious. my husband wants for nothing physically or financially, because I make sure of it. Im not angry, and i guess i should be, but im not. i kept my work and i realize that he hasn't. So, if he decided to stay thats fine. if not that ok also. thank again

4love Rookie

4love   1

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

He has to do adjustment of status through you or go home as others have said. Other than abuse there is no other way to a green card for

him. You mean for 5 years there weren't any flags that he wasn't genuine ? Five years is a long time. How many times did

you visit and how long did you stay ? How much did you communicate ?

One month is nothing and I hope it's not just an adjustment issue. Hope you can work it through, if not then move on and don't

worry about his status, it will be his problem. No, you can not send him back, let immigration handle the rest.

not that i need to give you an explanation, but lets be clear. if i was experiencing 5 years ago what im living with today, we wouldnt be married. just because i have been honest and open doesn't mean that my partner has. so this whole ordeal, as bad as it is doesn't meant i should feel as if i did something wrong. i havent. i kept myself for the man that i thought loved me. and be careful of judging other. im not the first girl this has happen to and i wont be the last. thanks for your response however its was not helpful.

  • Popular Post
Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
  • Popular Post
Posted

not that i need to give you an explanation, but lets be clear. if i was experiencing 5 years ago what im living with today, we wouldnt be married. just because i have been honest and open doesn't mean that my partner has. so this whole ordeal, as bad as it is doesn't meant i should feel as if i did something wrong. i havent. i kept myself for the man that i thought loved me. and be careful of judging other. im not the first girl this has happen to and i wont be the last. thanks for your response however its was not helpful.

I did not insinuate you did anything wrong and it was not meant to be judgemental at all.

No you aren't the first and won't be the last woman to go through this and

as a matter of fact I went through something similar about 12 years ago and did not recognize the flags that I now know where there

but stopped the process in time and he never made it here thank God.

I was just curious about there being any red flags you may have seen but like me plowed ahead anyway and you are right, you do not

owe me an explanation. I wish you all the best for your future and I can say I found Mr. Right after Mr. Wrong and so will you.

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.

 

Eric-Pris Experienced

Eric-Pris   1,607

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted (edited)

Ah ok i understand but i mean 1 month of marriage for his visa process it doesnt look good when he needs to adjust I believe...however i could be wrong...he can say you tried to abuse him and file vawa

I think you missed or misunderstood a previous post. He CANNOT adjust on his own without your support. If you don't financially sponsor him (sign an I-864), he can't adjust based on marriage to you.

The other way is through VAWA, but he would need proof (photos, police reports, medical records), it's not as easy as saying that "you tried to abuse him". To protect yourself, don't be alone with him and only contact through lawyer after you file for divorce.

If he's with you for a GC, he won't want to leave voluntarily. So you'll need to boot him out of the house, change the locks, and then cut off all contact. If he wants to stay in the US illegally, he can do so. Hell, he may be able to become a US citizen soon along with the other illegals.

Edited by Eric-Pris
Anitafeliz Experienced

Anitafeliz   1,133

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted (edited)

I think you missed or misunderstood a previous post. He CANNOT adjust on his own without your support. If you don't financially sponsor him (sign an I-864), he can't adjust based on marriage to you.

The other way is through VAWA, but he would need proof (photos, police reports, medical records), it's not as easy as saying that "you tried to abuse him". To protect yourself, don't be alone with him and only contact through lawyer after you file for divorce.

If he's with you for a GC, he won't want to leave voluntarily. So you'll need to boot him out of the house, change the locks, and then cut off all contact. If he wants to stay in the US illegally, he can do so. Hell, he may be able to become a US citizen soon along with the other illegals.

:oops: i do that sometimes lol :bonk: good to know though :idea: Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

NikLR Grand Master

NikLR   13,232

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

Okay do not boot your spouse out of the house and change the locks. In many states thats illegal.

Get a divorce and a place to stay to avoid any vawa claims.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Eric-Pris Experienced

Eric-Pris   1,607

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted

Okay do not boot your spouse out of the house and change the locks. In many states thats illegal.

Get a divorce and a place to stay to avoid any vawa claims.

You are suggesting that SHE get out of her home and get a place to stay while he lives in HER house? That's absurd.

Telling him "Hit the road jack." is the only thing that she needs to do, (besides filing for divorce or is it annulment?).

Caryh Grand Master

Caryh   5,206

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

You are suggesting that SHE get out of her home and get a place to stay while he lives in HER house? That's absurd.

Telling him "Hit the road jack." is the only thing that she needs to do, (besides filing for divorce or is it annulment?).

She needs to get him to leave voluntarily. You cannot force someone to vacate a house without a court order once they have established residence in the property. She would hardly be the first to leave a home she owned to protect herself from false abuse complaints.This is the law in most states.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

NikLR Grand Master

NikLR   13,232

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

You are suggesting that SHE get out of her home and get a place to stay while he lives in HER house? That's absurd.

Telling him "Hit the road jack." is the only thing that she needs to do, (besides filing for divorce or is it annulment?).

Kicking her immigrant spouse out of the house is a great start to his vawa case.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...