Divorce after before temporary green card interview on K1 visa

[Roel 7,192]

Well, sorry I don't believe in some stories.

This is not just directed to the OP, but a lot of people here claiming abuse as an desperate way to just stay in the US.

 

I'm just being realistic. I like my attitude, thanks.

 

Edited April 30, 2017 by Roel

[Boiler 45,581]

If it works why not?

[NikLR 13,227]

23 minutes ago, Boiler said:

If it works why not?

Being a decent person?  Oh wait that can be a rarity these days.  

[Tearjeaker 0]

If he is being abused he can leave.  That's what you do. Keep in mind we don't know her side of the story. I knew a man that married just for the GC and had a girlfriend that he wanted to go back for. 

Edited April 30, 2017 by Tearjeaker

[Villanelle 4,122]

Meh, I dont know where to weigh in on this thread. Mostly I feel anyone claiming abuse should be directed to the VAWA thread. Users here have no right to ask for proof or details of abuse (although we often do to evaluate whether it meets the definition set by USCIS) 

 

But at the same time- when youve been a member of VJ for so long you can see the forest through the trees. Keeping in mind there are often language barriers- people speak in casual terms. Unless theyve done research.  Its very odd to say nothing more then the type of abuse was "emotional and verbal". Those are key phrases used in VAWA and splashed all over the forum/internet.  Just the progression of the posts raises red flags. Unnecessary info was given in the first post (the wife is a 30yr healthcare lawyer) and important info (the marriage is abusive) was left out. The reasons for the marriage ending in the first post was the wife is no longer interested. Abusers typically dont lose interest in abusing someone. It was only when told there are no options to AOS in that situation was an alternate situation of abuse brought up.

 

God dey- I suggest you join the VAWA thread if you feel you are a legitimate victim of abuse. There you will find info on how to proceed. VAWA standards are very strict. If you are considering filing a false claim just to see if you can get approved- DONT. You will only cause more trouble for yourself.

 

What will happen next will depend on any action your soon to be ex wife takes and/or any action USCIS takes. There is a chance you can get approved with out interview before your wife contacts them to pull her 864. If this happens you are in an awkward position. Technically the USCIS only has two positions on marriage. You are either legally married or you are not- you are divorced. They dont acknowledge 'separated' or 'pending divorce' as a status. 

 

So if you are legally married, and they have all the paperwork needed- they can approve you with out interview. Since you would be divorcing soon after getting approved in such a fashion, you will have tremendous difficulty when it comes time to remove conditions (ROC). USCIS will see when the divorce was initiated and that it was right before or immediately after the card was issued. In that situation (if you get the GC w/o interview) you can be assured your status is "safe" up until you have to ROC. So 2 years. At that time who knows if your ROC will be approved.

 

If your wife at any point before the GC is approved pulls her 864- the process will stop. Also if there is an interview set and your wife does not want to attend you can not be approved. Once something happens- like the 864 is pulled and the case is closed, or you dont show up at the interview, or show up alone and the case is closed- well, once its closed you get a letter stating to leave the US in the next 30 days. Its a courtesy letter.

 

Sometimes the Officers dont "close" the case right away. When someone doesnt show up for an interview as a K who is AOSing they often have an excuse and file motions to get the case back to processing. So the Officer may just hold the file with out closing it for a while. (If they close it, its more paperwork if its reopened) If the case isnt closed, you wont get that letter stating you need to leave. 

 

But once the case is closed you are considered to have no status. Just like any other illegal in the country. 180 days out of status and you'll incur a ban. Its difficult to calculate how many days you are out of status. You say you married with in the 90 days but did you file for AOS in the 90 days? You may or may not have time out of status already. Like I said, its difficult to compute and no one on the forum can really help you with that. Youd have to discuss it with an attny. Not all the time counts. But you can be sure the time will count after your case is closed. So while the letter gives you 30 days, you can technically stay up to 180 days out of status with no consequences. However there is no reason to stay. A divorce can be completed from anywhere in the world. You dont have to be in the US to process it. You also do not have to return to your country of origin. You just have to leave the US.  Also once the 30 days have passed in the letter if you have NOT left your file can get sent to the court. A deportation order can be issued. If that happens you now have a bunch of additional problems. So in no way am I suggesting you stay past the 30 days in the letter just because there wont be a ban- there can be other issues.  

[God dey. 1]

Thank you everyone for your comments. I have a better understanding of my legal standing /misfortune. I had hoped I would get more objective info though. A time line? Anything... 

 

To those of you who have judged and made snide remarks about wanting a GC, I only pray you're never faced with my situation or experiences. 

 

I HAVE tried to make things work! Begged, pleaded, tried so many ways. She isn't interested in counseling. 

 

Sensing that I don't love her is a fallacy, cos I still do. 

 

As for her emotional leaps and money she has spent I am grateful, but I gave up my own independence at her insistence. She was the one who came up with the plan for me to move to the US. She knew I wouldn't work for some months. And I have taken great care not to be a burden. I would have don the same and more for her. 

 

To the guys out there who feel it's a macho thing to kick on another guy who says he's been emotionally abused, I laugh at your ignorance and envy your innocence. You lot make it 10x harder for victims to speak out. And some of you here would surely crack under such unrelenting pressure. I hope you remain protected all your life. Cos you never see it coming. 

[God dey. 1]

Thank you, the bio data specifics are fictional, she however female. 

[Eric-Pris 1,606]

On ‎4‎/‎29‎/‎2017 at 8:04 PM, Ketsuban said:

I feel like I've said this before on VJ, possibly even to you on another thread, but attitudes like this are why abuse victims don't want to come forward.

That's nonsense in my opinion.  This is an anonymous forum.  Many "abuse "victims" don't come forward because there was no abuse.  They only come forward when they realize that there's no other way for them to stay in the US legally.  Vawa is the go-to for these people.

[TBoneTX 45,365]

A noncontributory post has been removed.

[dawning 212]

On 5/3/2017 at 8:56 AM, Eric-Pris said:

That's nonsense in my opinion.  This is an anonymous forum.  Many "abuse "victims" don't come forward because there was no abuse.  They only come forward when they realize that there's no other way for them to stay in the US legally.  Vawa is the go-to for these people.

I would again respectfully disagree.

 

Just because one is posting anonymously doesn't necessarily mean that one will not be impacted by others dismissing one's experience or casting aspersions on one's motives.  I think many of us here have been moved to sympathy, annoyance, laughter and other emotions by these anonymous conversations between people who will never meet off the internet.  I am not disagreeing with your assertion that many with no other path to residency come forward with false allegations of abuse.  It's only logical.  However, genuine victims may not always want to talk about their abuse, and that DOES NOT mean it didn't happen.  To me it seems fairly clear that how we treat each other in an anonymous forum could definitely impact an abuse victim's willingness to come forward in other settings.