We never applied for the GC and going to divorce. What are the consequences?

[USAMorocco 143]

4 hours ago, Coco8 said:

 

Their marriage was supposed to be bona fide and he wants a divorce 6 months after they got married. This sounds like someone pretty petty that basically does not care about the other person. It would have been fraud if they had applied for a K1 and gotten married for the GC. That is not the case. 

How do you know he wants the divorce? That's it what she said.  She said they are getting a divorce because it's not working out.  Also, your comment about a lot of US citizens that sponsor their significant others on K1 being pieces of work is a little rude.  Because it's not ever the immigrant that could be a piece of work? Being that they want to get a divorce and the marriage is over they cannot send aos papers in now.  It would most certainly be fraud if the USC sends in AOS papers with the intention of getting a green card and then divorcing. 

[Suss&Camm 2,213]

If the USC is ready to stand by a i864 for the immigrant and the marriage was bonafide - it is not fraud to file for AOS. The AOS is based on the marriage being entered into in good faith.

[USAMorocco 143]

21 minutes ago, Coco8 said:

Yes, maybe I am reading too much into it but who would not assist their new spouse in filing for AOS as soon as they married? It is the US citizen's responsibility because he/she is the sponsor. There are plenty of cases on VJ in which the US citizen changes their mind without realizing the consequences for the other person. You are basically asking someone to leave their country, sell everything, to move half around the world and you are going to leave them hanging? Without AOS it means OP cannot even work so she has no money.

 

 

Some people can't afford to file right away.  

 

OP would you be willing to do therapy? The first 6 months are the hardest especially if you can't work and have nothing to do all day.  I know the first 3 months alone were fights every day.  It is not easy for anyone in this situation...it's new.  You are adjusting to a new country and marriage. While the USC is also adjusting to while trying to help you adjust.  This process is not easy but if you both can get through this it will be better.  Until the AOS papers were filed we fought constantly. The USC has to understand this is a huge change for you....it takes work on both parts. This is just such a huge adjustment 6 months has been the hardest for us. 

[Coco8 1,042]

6 minutes ago, USAMorocco said:

Some people can't afford to file right away.  

If the US citizen cannot afford to file right away then they should either do a spousal visa or they should move the consulate interview date until they have the money. That is bad on their part because the foreigner is deportable if they wait to AOS, plus the foreigner cannot get health insurance without the proper paperwork. 

 

Everyone is an adult here and if you are signing paperwork for a K1 you are making commitments and have to be responsible.

 

18 minutes ago, USAMorocco said:

How do you know he wants the divorce? That's it what she said.  She said they are getting a divorce because it's not working out.  Also, your comment about a lot of US citizens that sponsor their significant others on K1 being pieces of work is a little rude.  Because it's not ever the immigrant that could be a piece of work? Being that they want to get a divorce and the marriage is over they cannot send aos papers in now.  It would most certainly be fraud if the USC sends in AOS papers with the intention of getting a green card and then divorcing. 

 

The immigrant can be a piece of work but the immigrant has no rights in the US until there is AOS. So there is a difference in power in which the US citizen has more power than the immigrant. The USC has to sponsor the AOS, the USC can work and make money,etc. Without AOS the immigrant has no rights, cannot work, cannot drive, cannot do anything. It is not an equal relationship. 

 

It is not fraud to file for AOS now. They already did a K1. Also, the link someone else shared about says there is a court ruling saying that a person can AOS even after divorce. AOS is based on bona fide marriage at the moment of marriage. It does not matter how much you love each other or whether you are going to stay together or how much you fight. Right now they are married.

 

 

Edited July 22, 2017 by Coco8

[caliliving 606]

They have only been married 6 months! G eeze some people wait years to file! Everyone has a different circumstance and not everyone is as knowledgeable as us on VJ. Lmao 

Hopefully she can figure it out w her husband and still file. Who knows what situation them as a couple are in! At this point she already overstayed so getting any non immigrant visa after this will be impossible! Perhaps she can work it out w her husband. 

 

[Maria&Derrick 22]

7 hours ago, Roel said:

If you are out of status for over 180 days (but less than a year), you will have a 3 year ban to come back to the USA.

 

1

It will be 180 days on Aug 16, so I plan on going home BEFORE that.

Will there still be consequences like ban, problems with another K-1 visa if I decide to do it again or no?

 

P.S. No, my husband is not planning to file AOS. He offered but the life I have with him is not worth those papers.

[Sunnyland 639]

7 minutes ago, Coco8 said:

If the US citizen cannot afford to file right away then they should either do a spousal visa or they should move the consulate interview date until they have the money. That is bad on their part because the foreigner is deportable if they wait to AOS, plus the foreigner cannot get health insurance without the proper paperwork. 

 

Everyone is an adult here and if you are signing paperwork for a K1 you are making commitments and have to be responsible.

 

 

The immigrant can be a piece of work but the immigrant has no rights in the US until there is AOS. So there is a difference in power in which the US citizen has more power than the immigrant. The USC has to sponsor the AOS, the USC can work and make money,etc. Without AOS the immigrant has no rights, cannot work, cannot drive, cannot do anything. It is not an equal relationship. 

 

It is not fraud to file for AOS now. They already did a K1. Also, the link someone else shared about says there is a court ruling saying that a person can AOS even after divorce. AOS is based on bona fide marriage at the moment of marriage. It does not matter how much you love each other or whether you are going to stay together or how much you fight. Right now they are married.

 

 

 

Unfortunately I have seen some cases where the USC treated their immigrant spouse / K1 fiance like a package that they can ship back to their country if things don't work out in the first 3 months or they use that "power" to show who is in control to put it in a way. Thanks God no all USC are like these. 

[Maria&Derrick 22]

39 minutes ago, USAMorocco said:

Some people can't afford to file right away.  

 

OP would you be willing to do therapy? The first 6 months are the hardest especially if you can't work and have nothing to do all day.  I know the first 3 months alone were fights every day.  It is not easy for anyone in this situation...it's new.  You are adjusting to a new country and marriage. While the USC is also adjusting to while trying to help you adjust.  This process is not easy but if you both can get through this it will be better.  Until the AOS papers were filed we fought constantly. The USC has to understand this is a huge change for you....it takes work on both parts. This is just such a huge adjustment 6 months has been the hardest for us. 

My husband can't afford any of it (filing AOS or therapy.. He spends everything he makes on his son because they're separated with his mom and he tries to compensate not being there for his kid, with buying him all kinds of expensive stuff he points at.

Also, he doesn't consider us to be family since we don't have kids. He has told me many times that I'll never mean even 1\4 of what his son means to him, so I just live in the shadow of his son.

My husband doesn't want to spend time with me, all our time spent together is going to grocery store and like once in 2 weeks he'll go to park with me for a short walk. We sleep in separate rooms, he never shows any affection..basically, we're just roommates who seem to hate each other. It was different when I just came, but now it's just like this because he is probably bored, as the toy is not new anymore. So I don't think therapy would help, I just picked someone who doesn't care about me and wasn't able to recognize that before we got married.

 

Sorry about ranting here and telling all sorts of personal things, I just can't really tell this to anyone in real life, it's too embarassing.

[Maria&Derrick 22]

4 minutes ago, Sunnyland said:

 

Unfortunately I have seen some cases where the USC treated their immigrant spouse / K1 fiance like a package that they can ship back to their country if things don't work out in the first 3 months or they use that "power" to show who is in control to put it in a way. Thanks God no all USC are like these. 

That's exactly what I had.

Like every time we had a serious fight, he'd say "so go to your fn Ukraine if you don't like smth". I wish I listened to him and went home earlier.

 

I seriously don't get it though, why'd someone go through all the trouble with visa, waiting and all that, to just kick you out like a dog once something went wrong.

[caliliving 606]

13 minutes ago, Maria&Derrick said:

My husband can't afford any of it (filing AOS or therapy.. He spends everything he makes on his son because they're separated with his mom and he tries to compensate not being there for his kid, with buying him all kinds of expensive stuff he points at.

Also, he doesn't consider us to be family since we don't have kids. He has told me many times that I'll never mean even 1\4 of what his son means to him, so I just live in the shadow of his son.

My husband doesn't want to spend time with me, all our time spent together is going to grocery store and like once in 2 weeks he'll go to park with me for a short walk. We sleep in separate rooms, he never shows any affection..basically, we're just roommates who seem to hate each other. It was different when I just came, but now it's just like this because he is probably bored, as the toy is not new anymore. So I don't think therapy would help, I just picked someone who doesn't care about me and wasn't able to recognize that before we got married.

 

Sorry about ranting here and telling all sorts of personal things, I just can't really tell this to anyone in real life, it's too embarassing.

Wow that is awful!!! Def emotional abuse..lile he owns you and you owe him something bc he can give u this "life"

How awful and I'm sorry you are going thru that!! Your next k1 would be heavily scrutinized and if it's close to this one won't work. You will need longer visits and more time spent w the next guy. Also, you probably won't get a tourist visa at this point. But at least u won't have a 3 year ban if u do fall in love again...

 

So awful that is happening but better to get out now while ur young and have less invested 

[caliliving 606]

13 minutes ago, Maria&Derrick said:

That's exactly what I had.

Like every time we had a serious fight, he'd say "so go to your fn Ukraine if you don't like smth". I wish I listened to him and went home earlier.

 

I seriously don't get it though, why'd someone go through all the trouble with visa, waiting and all that, to just kick you out like a dog once something went wrong.

Sometimes that is why a USC finds a fiance in another cointey...they think they can control them and have power over them because "oh look at this wonderful American life I am giving You"

No USC spouse would put up w that but unfortunately many foreigners would...so those men seek our foreigners to use power over them

[AnJ Co 1,676]

25 minutes ago, caliliving said:

Sometimes that is why a USC finds a fiance in another cointey...they think they can control them and have power over them because "oh look at this wonderful American life I am giving You"

No USC spouse would put up w that but unfortunately many foreigners would...so those men seek our foreigners to use power over them

Or Women.........

[Stevephoto 230]

1 hour ago, Coco8 said:

By the way, nobody commented on this link. The link says that people on K1 can AOS if they have proof of bona fide marriage even after divorce. 

 

So I'm not sure if saying OP has to leave is the correct advice. 

 

I just read the article you linked. Interesting, but according to the author (Silva, 2016): "The USCIS recently issued a memo confirming the court case and instructing its officers to approve bona fide adjustment of status applications when a K-1 Fiancée has married the K-1 petitioner.  The memo, however, provides further clarification that the K-1 Fiancée can only successfully adjust status if the K-1 petitioner submits a valid Affidavit of Support.  Accordingly, that regrettably does mean that the cooperation of the K-1 petitioner is needed in order to fulfill the Affidavit of Support requirement."

 

The cooperation of the sponsor is still needed and seemingly not-forthcoming in this case. I wish the OP the best of luck in this difficult time. 

[RO_AH 1,661]

2 hours ago, Coco8 said:

Yes, maybe I am reading too much into it but who would not assist their new spouse in filing for AOS as soon as they married?

Oh I don't know, maybe you should ask that instead of assuming? As she has said later he had his reasons and still offered to do the AOS.

 

I think the biggest problem here is people living in a fantasy land and not taking near enough time to know and spend time together before committing their life to that person.

 

I will agree that there are USC's that treat the whole process wrong. There are just as many foreigners in it for the wrong reason. But worse than both of those are people who judge all under one assumption.

[JFH 12,191]

*~*~*moved from "adjustment of status from family-based visas" to "effects of major family changes" where similar questions are asked*~*~*