Residency without signing I864

[aaron2020 11,651]

4 minutes ago, PirateLiker said:

First of all, thank you to those of you who pointed out that both A and B result in illegal status. Does anyone know where it is codified that B results in illegal status? What triggers the illegal status? Is it not having I864 signed by a certain number of days after the marriage? Or a certain number of days after the visa was used?

 

I agree, you can't control everything in life. There are no guarantees. Many times I think I should go ahead and marry and adjust status and let the chips fall where they may. At this point that is still what she wants. I am a terrible person but I do hate the fact that I've hurt her so badly. 

 

I have already given her money for a plane ticket plus 4 months of her previous wages. 

 

I don't need anyone's pity, but I do detest what I've done and myself.

What triggers illegal status is you not filing an I-864 to fulfill the requirements for adjusting status after her I-94 expires.  

 

What makes you think that she would be a "documented resident" by marrying you?  Can you show where that's codified?

 

Don't worry, nobody has any pity for you.  You are a horrible person.

Edited January 22, 2019 by aaron2020

[Crazy Cat 41,904]

3 minutes ago, PirateLiker said:

First of all, thank you to those of you who pointed out that both A and B result in illegal status. Does anyone know where it is codified that B results in illegal status? What triggers the illegal status? Is it not having I864 signed by a certain number of days after the marriage? Or a certain number of days after the visa was used?

 

I agree, you can't control everything in life. There are no guarantees. Many times I think I should go ahead and marry and adjust status and let the chips fall where they may. At this point that is still what she wants. I am a terrible person but I do hate the fact that I've hurt her so badly. 

 

I have already given her money for a plane ticket plus 4 months of her previous wages. 

 

I don't need anyone's pity, but I do detest what I've done and myself.

She is out of status on day 91 after entering the US.........once she files for Adjustment of Status, she will have "authorized stay" while the I-485 is pending.

[Going through 5,671]

4 minutes ago, PirateLiker said:

I have already given her money for a plane ticket plus 4 months of her previous wages. 

When is she planning on departing the USA?

[HonoraryCitizen 179]

3 hours ago, PirateLiker said:

I am completely aware that she is a person with the ability to make her own choices. If I tell her what I am willing to do, she can choose what is best for her. 

 

Considering reactions to a related post a couple months ago, I am not necessarily expecting very civil comments in this thread. 

Are you a troll? Or perhaps you are a person who could not find any woman in the USA to bully and control? Are you perhaps on the next season of 90 day Fiance? These are honest questions please.

Edited January 22, 2019 by HonoraryCitizen

[geowrian 22,337]

2 hours ago, K1visaHopeful said:

No I hope she sees this and records every instance of how he is abusing her as, even if it isnt physical, it is abuse. Then I hope they do get married, and she divorces him on grounds of abuse so that it will appear on their divorce decree as such so that if he ever tries to do this again to another victim they will see that on the divorce decree in the petition application. I hope she files for VAWA after marriage because she will be able to, as preventing her from obtaining her GC is financial abuse. And I hope she does have an amazing life in the US after outing him for the abusive monster he really is and that she finds an amazing Amercian man, unlike him.

2 hours ago, afortunada said:

Financial abuse is very real. What are her choices if he is withholding money to buy her a plane ticket home, or if he is refusing to help support her financially knowing full well she will be an undocumented immigrant with no way to help herself?

No doubt on financial abuse. But financial abuse like this would not meet the requirements for a successful VAWA claim.

If there is more (not a big if IMHO, but still practical), then VAWA could come into the picture. But nothing noted would be cause for a good VAWA case. This isn't about any "shoulds"....it's just not the criteria necessary to qualify.

 

32 minutes ago, PirateLiker said:

First of all, thank you to those of you who pointed out that both A and B result in illegal status. Does anyone know where it is codified that B results in illegal status? What triggers the illegal status? Is it not having I864 signed by a certain number of days after the marriage? Or a certain number of days after the visa was used?

Entry on the K-1 visa resulted in an I-94 valid for 90 days. After that period, she is overstaying just like anybody else who stays past their I-94.

Once AOS is filed, they gain a period of authorized stay.

 

As a note, signing an I-864 does nothing. What matters is when it is executed...which would be when AOS is approved.

[ThomasNC1988 762]

This is ridiculous. What makes her illegal is the fact that she can't do what she needs to do to become legal. Once her I-94 expires in 90 days she will not have any current immigration document.

[Daniela M_______ 410]

They will get married, it will be a disaster and then they will divorce, she will leave back home and I give it 6 months until he posts again saying "I've lost the love of my life" or " How to refile for an ex spouse soon to be wife again". 

 

I really hope to be wrong.

[mushroomspore 3,044]

Just now, Daniela M_______ said:

They will get married, it will be a disaster and then they will divorce, she will leave back home and I give it 6 months until he posts again saying "I've lost the love of my life" or " How to refile for an ex spouse soon to be wife again". 

 

I really hope to be wrong.

I groaned out loud when he said in his most recent comment that maybe they should just get married. Just no.

[K1visaHopeful 2,820]

2 minutes ago, geowrian said:

No doubt on financial abuse. But financial abuse like this would not meet the requirements for a successful VAWA claim.

If there is more (not a big if IMHO, but still practical), then VAWA could come into the picture. But nothing noted would be cause for a good VAWA case. This isn't about any "shoulds"....it's just not the criteria necessary to qualify.

 

Agreed. His numerous posts about his numerous K1s just paint a portrait of the OP in a rose coloured hue though, I'm sure. These ladies would have further evidence. He cant be that slick and honestly I hope these women know their rights as an immigrant.

[Going through 5,671]

40 minutes ago, aaron2020 said:

Many times I think I should go ahead and marry and adjust status and let the chips fall where they may.

You encouraged her to come to the US already knowing you wanted to end the relationship...and let the chips fall where they may.

You encouraged her to remain in the US already telling her you didn't want to get married...and let the chips fall where they may.

 

Perhaps it's time to sweep up the chips.

[SalishSea 17,847]

Piratelicker:  Please do not marry her.  It is perfectly NORMAL for engaged individuals to harbor doubts and even cold feet at times.  What isn't normal is to proceed with a marriage that in your heart you know is WRONG.  You need to let go of the shame and guilt (and possibly the idea that you've come this far, spent this much etc) and let her go so that you both can pursue happiness.  

 

Yes, you let things get *too far* into the process by even bringing her here with such doubts, and yes, it will be painful all round for awhile.  But in the grand scheme of things you will both be better off years from now for having done what was difficult now.

 

And btw, your allusion to the fact that you live in an "undocumented-friendly" area where she could likely get (illegal) work is patently absurd.  If she had a professional job/career in Ukraine, why would she want to come to the US and do the type of work commonly available to undocumented people?

 

You say you're a "horrible person;"  why not make that untrue now and do right by her by being completely honest and sending her home?

[K1visaHopeful 2,820]

3 minutes ago, Jorgedig said:

Piratelicker:  Please do not marry her.  It is perfectly NORMAL for engaged individuals to harbor doubts and even cold feet at times.  What isn't normal is to proceed with a marriage that in your heart you know is WRONG.  You need to let go of the shame and guilt (and possibly the idea that you've come this far, spent this much etc) and let her go so that you both can pursue happiness.  

 

Yes, you let things get *too far* into the process by even bringing her here with such doubts, and yes, it will be painful all round for awhile.  But in the grand scheme of things you will both be better off years from now for having done what was difficult now.

 

And btw, your allusion to the fact that you live in an "undocumented-friendly" area where she could likely get (illegal) work is patently absurd.  If she had a professional job/career in Ukraine, why would she want to come to the US and do the type of work commonly available to undocumented people?

 

You say you're a "horrible person;"  why not make that untrue now and do right by her by being completely honest and sending her home?

AMEN!

[EM_Vandaveer 2,408]

For those who keep bringing up VAWA. They are not married.

No marriage means no VAWA.

[K1visaHopeful 2,820]

3 minutes ago, EM_Vandaveer said:

For those who keep bringing up VAWA. They are not married.

No marriage means no VAWA.

He's considering "doing her a favour" and marrying her. If she had evidence of abuse, she could self petition after that.

[EM_Vandaveer 2,408]

6 minutes ago, K1visaHopeful said:

He's considering "doing her a favour" and marrying her. If she had evidence of abuse, she could self petition after that.

Sure. I don't see a huge likelihood of said marriage taking place. But you never know.