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

[RO_AH 1,659]

1 hour ago, Maria&Derrick said:

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.

This seems like your best option and gives you the best opportunity for your future. You could always find another and be able to come back. I hope for your sake that you really take the time to know someone before your next adventure. Some say just follow your heart, but I always say when you do use your mind as a filter to what goes into your heart. I bet if you were to look back now you would see plenty of warning signs that you ignored because you were only following your heart. Maybe I am wrong, but just my advice. I truly do wish you the best and hope you find your true love.

[geowrian 22,337]

2 hours ago, Coco8 said:

It is the US citizen's responsibility because he/she is the sponsor.

Actually, it's the intending immigrant's responsibility to file for AOS. Always has been. The USC's responsibility is to support them in their effort and provide a completed I-864. It's is not the USC's green card or status at risk...the intending immigrant's is and it's their responsibility to ensure it is filed for in a timely manner.

 

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.

While very rare, it is technically possible to AOS even if you are divorced. However, the USC spouse must still be willing to complete the I-864. Without being married, there is usually no compelling reason for somebody to take on that kind of financial responsibility for up to 10 years. It's a decision entirely in their right to make - or not make.

[M&JB 80]

2 hours 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. 

 

Some cases aren't always what's affordable and what not. I came with a K1 visa in 2013 and NEVER did the AOS until this month. We chose K1 because it was a faster process to get here. Although I am admitting that we should have had CR1 instead. Well it's a little too late for that and oh, I never did my AOS in 3 years and a half of being here and I did have an insurance and I still do, while waiting for green card right now.

[M&JB 80]

1 hour ago, geowrian said:

Actually, it's the intending immigrant's responsibility to file for AOS. Always has been. 

So, considering the immigrant came with a K1 visa - cannot work, cannot drive - you are saying that it's his/her "responsibility to file for AOS - always has been"? Tell me, how is the immigrant gonna do the AOS without the USC petitioner's money? Are you suggesting that the immigrant borrow money from someone else because it's their "responsibility"? Take note: immigrant = cannot work.

[geowrian 22,337]

Just now, jdb said:

So, considering the immigrant came with a K1 visa - cannot work, cannot drive - you are saying that it's his/her "responsibility to file for AOS - always has been"? Tell me, how is the immigrant gonna do the AOS without the USC petitioner's money? Are you suggesting that the immigrant borrow money from someone else because it's their "responsibility"? Take note: immigrant = cannot work.

If money for AOS is going to be a problem, then a K-1 isn't the right choice. Beyond that, it can be from savings, loans, etc. before coming to the US. At the end of the day, they're the one applying for the green card and the ones ultimately responsible for it.

[caliliving 606]

8 minutes ago, geowrian said:

If money for AOS is going to be a problem, then a K-1 isn't the right choice. Beyond that, it can be from savings, loans, etc. before coming to the US. At the end of the day, they're the one applying for the green card and the ones ultimately responsible for it.

Maybe the USC didn't want to file right away? Maybe he didn't want to do cr1 bc he knew once she came here she would have a green card and is free to leave? Maybe k1 was a control issue and him not applying is a control issue. We dont know the circumstance and we shouldn't judge. Lots don't apply for 2 years and are send it in and are fine. We r talking only 6 months of marriage!!!! That is a short time! Maybe they were fighting the entire time and he refua ed to apply until their problems were figured out 

[Maria&Derrick 22]

1 hour ago, RO_AH said:

This seems like your best option and gives you the best opportunity for your future. You could always find another and be able to come back. I hope for your sake that you really take the time to know someone before your next adventure. Some say just follow your heart, but I always say when you do use your mind as a filter to what goes into your heart. I bet if you were to look back now you would see plenty of warning signs that you ignored because you were only following your heart. Maybe I am wrong, but just my advice. I truly do wish you the best and hope you find your true love.

Well, it's not like we didn't know each other..but it just appeared that most of what he told me was bs. And you can't really check it until you live together.

You are right though on warning signs that I ignored (or chose to ignore). Won't make that mistake again.

[Maria&Derrick 22]

13 minutes ago, geowrian said:

If money for AOS is going to be a problem, then a K-1 isn't the right choice. Beyond that, it can be from savings, loans, etc. before coming to the US. At the end of the day, they're the one applying for the green card and the ones ultimately responsible for it.

I came from country where average salary is $200-300/month. My parents have pension of $60/month. That's enough for life but it's impossible to save anything from that. Besides, I worked 72 hrs/week to save money to pay for applying for visa (not filing K-1, but medical exam and consulate fee, which cost me $500). I'm not saying everyone is in the same situation, but many people can't afford it. I think petitioner signs that affidavit of support, which means he is financially responsible too, no?

[caliliving 606]

In alot of countries where you can't get a visitor visa a k1 is used instead of that unfortunately:/ so ppl don't want to spend the money to make frequent trips they would rather fly someone to do a k1 and see what happens. I do think a cr1 in countries where you can visit makes the most sense. 

[geowrian 22,337]

17 minutes ago, Maria&Derrick said:

I came from country where average salary is $200-300/month. My parents have pension of $60/month. That's enough for life but it's impossible to save anything from that. Besides, I worked 72 hrs/week to save money to pay for applying for visa (not filing K-1, but medical exam and consulate fee, which cost me $500). I'm not saying everyone is in the same situation, but many people can't afford it. I think petitioner signs that affidavit of support, which means he is financially responsible too, no?

If somebody cannot afford AOS, then a K-1 is not the best route. A CR-1 would be much more appropriate. The (enforceable) affidavit of support only comes into play once it is executed...upon approval of AOS. Prior to then, the I-864 has no weight.

 

To be clear...I'm not saying the USC shouldn't help (financially or otherwise) with AOS. But at the end of the day, filing for AOS is the responsibility of the intending immigrant. They're the one with so much to lose by not doing so.

[USAMorocco 143]

3 hours 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.

####### is wrong with this guy?!?! Not family because you don't have kids? Grrr! What a D*** to say something so cold! Only a moron would compare the love for a significant other to the love of a child.  I'm sure you aren't looking to be loved like his kid but it would be nice to love you like a wife.  I am really sorry he did this to you.  It is not easy moving to a new country and to have someone do this while you are trying to adjust is cruel.  I don't think you can adjust without him...but all I can say is run run far far away from him.  He sounds like a really hurtful person. 

[BMJM4IJN 10]

Consult a lawyer. They usually have free lawyers in every town working pro-bono don't give up 

[caliliving 606]

42 minutes ago, BMJM4IJN said:

Consult a lawyer. They usually have free lawyers in every town working pro-bono don't give up 

a lawyer cant do anything.. and its not to give up or not.  the OP can only be legal through the original spouse on a K1 no matter the consequences! she never filed so she has 3 choices.

1-make the marriage work and file

2-go back to the home country

3-live here illegally and become deportable

 

lawyers are not magicians.  the OP has no legal path in the USA without the original k1 sponsor

[htfaust 131]

14 hours ago, Coco8 said:

This is why it is better to do a spousal visa. A lot of US citizens sponsoring K1s end up being real pieces of work and they leave their significant other hanging. It is unacceptable! 

Yes! So much this! The K1 is really a worse deal. I was carried into it because I didn't want to be apart and the inicial visa processing time was shorter. Biggest mistake I ever did. I currently always recommend IR1/CR1 over K1 no matter what. The autonomy and liberty you have as soon as you cross the border is priceless. I'd be in a much better position now (almost a year after I got here) if I had gone that route. Hindsight is 20/20, but I hope someone will read this and be dissuaded from making the mistake I did. (My case involves abuse by the US citizen petitioner and I'm currently in the VAWA process).

Edited July 23, 2017 by htfaust
Minor typos

[Hopeful diva 99]

12 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? 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.

 

 

True! It's sort of a form of abuse on the petitioners part and that's what a lot of them do. They use their power to control their immigrant spouse because they know that without them as petitioner, their spouses cannot fully settle into the country or complete the immigration process.