Several Questions

[Willallen25 7]

Hello everyone, the time has finally come. My Wife plans on going back to Haiti as She feels She will never be happy here. I showed her apartments we can move to but She doesn't want to stay. Also I feel She doesn't love me. If She did She would make much more effort. I have several questions. 

 

1. She is trying to leave before the AOS Interview, if She does would it mean she can never return to America again?

 

2. Depending on 1, if She can, how would She be able to without anything?

 

3. How would I be able to have the Marriage Annulled? I definitely didn't expect this. No one did to be exact.

 

4. Would this case and its direction mess things up for my Wife? If it's cancelled, as per her request?

 

Thanks

[trudi 1,317]

Hi

 

sorry you are in this position

 

To answer your questions:

 

1) If she leaves before AP is granted or AOS is adjudicated she will be deemed to have abandoned the application and it will automatically be cancelled.

 

2) She can try applying for a tourist visa.

 

3) Why annulled? You can just divorce but either way you need to check the laws in your state. Shouldn't be hard or difficult.

 

4) No reason it will effect your wife, if in the future she wants to try for a K1 or CR1 it will be a question but not a reason for denial.

 

I wish you both all the best and hope you find a way forward.

[Perfect two 💑 1,147]

4 minutes ago, Willallen25 said:

Hello everyone, the time has finally come. My Wife plans on going back to Haiti as She feels She will never be happy here. I showed her apartments we can move to but She doesn't want to stay. Also I feel She doesn't love me. If She did She would make much more effort. I have several questions. 

 

1. She is trying to leave before the AOS Interview, if She does would it mean she can never return to America again?

 

2. Depending on 1, if She can, how would She be able to without anything?

 

3. How would I be able to have the Marriage Annulled? I definitely didn't expect this. No one did to be exact.

 

4. Would this case and its direction mess things up for my Wife? If it's cancelled, as per her request?

 

Thanks

Sorry to hear that. Below is the answer to your questions.

1) She will be able to return to America again, but with a valid visa. K-1 visa is no longer valid for her to use. In other words, she needs to apply for another visa if she wants to travel to America again.

2) She will be able to do it with a valid visa. 

3) Why do you want to have an annulment instead of divorce? It is not like she's cheating on you or use you to come here. She feels that she is not happy and will go back to her country.

4) Nope, it will not mess up anything. 

[Willallen25 7]

Thank you both for your answers and responses. This is really tough to deal with as I thought She loved me enough for a better effort. She feels She will never be happy in America. She even thought about staying for 2 years and not renewing her Green Card after that one finishes. 

 

She was denied a tourist visa to come here 7 times without a good reason. She was even sent for by her Godmother for a Wedding but nothing came out of it. She has family here so She still wishes to come to America to visit. 

 

In the end Haiti is her home and She loves Canada, but She never gave America a chance because of bitterness towards the US Embassy in Haiti (Go figure), also Trumps comments didn't help either. 

[OutOfThisWorld 87]

Whatever ‘harm’ the US Embassy in Haiti has done to her, it is now done. It will not go away whether she leaves the US or not.

 

Do not like Trump? Turn off the TV. Trump is not sitting at your dinner table.

 

United States is the best country in the world.

 

If she does not want to be by your side on your life journey, let her go. It is not your concern whether she will be allowed back in the US or not. You have not done her any harm.

 

Do not let her overstay the K-1 visa --- you should insist that she goes with the AOS process or that she leaves the country.

 

Good luck. Be strong.

[Perfect two 💑 1,147]

11 hours ago, Willallen25 said:

Thank you both for your answers and responses. This is really tough to deal with as I thought She loved me enough for a better effort. She feels She will never be happy in America. She even thought about staying for 2 years and not renewing her Green Card after that one finishes. 

 

She was denied a tourist visa to come here 7 times without a good reason. She was even sent for by her Godmother for a Wedding but nothing came out of it. She has family here so She still wishes to come to America to visit. 

 

In the end Haiti is her home and She loves Canada, but She never gave America a chance because of bitterness towards the US Embassy in Haiti (Go figure), also Trumps comments didn't help either. 

I know that it is tough to deal with. However, marriage involve both side, no matter how hard you try but if your partner doesn't want to put an effort on it. It will not working. If she is not happy in America, let her go. She wish that she still can come to America to visit, so, it is her own deal now. My advice, let her go before she even get her 2 years green card. Once she go back to Haiti, the percentage she can come to States even just for a visit is very thin. Just like you said, she was denied a tourist visa 7 times, now add to record K-1 visa too. For me, I don't care about how the US Embassy will treat me or Trumps comments. I only care how he (my fiance) will treat me and his comments towards me. 

[Lucky2Lucky 2,526]

On 1/15/2018 at 10:13 AM, Willallen25 said:

Thank you both for your answers and responses. This is really tough to deal with as I thought She loved me enough for a better effort. She feels She will never be happy in America. She even thought about staying for 2 years and not renewing her Green Card after that one finishes. 

 

She was denied a tourist visa to come here 7 times without a good reason. She was even sent for by her Godmother for a Wedding but nothing came out of it. She has family here so She still wishes to come to America to visit. 

 

In the end Haiti is her home and She loves Canada, but She never gave America a chance because of bitterness towards the US Embassy in Haiti (Go figure), also Trumps comments didn't help either. 

What matters is if both parties love each other- they do what they have to to make things work- it sounds like you tried everything in your power but it was up to her. You may be better off finding this out sooner rather than years down the road. As you know it is very hard to get a visitors visa from Haiti and with her multiple denials and abandonment of the k1 I would believe her chances would be even slimmer. What matters though is not if she can come here in the future but if there isn't equal love on both sides neither of the party should be together. I truly wish you luck moving forward and know you did what you could. Unfortunately America doesn't live up to everyone's expectations and not everyone is willing to give it time.