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Posted

If you are concerned about having nowhere to go back to in the event of a divorce, a spousal visa is a better option.

A divorce before AOS completes is generally (there are a few exceptions) the end of your path to remain in the US. A spousal visa has no need for AOS.

Once you have a 2 year green card, you only need to show that the marriage was entered into in good faith.

Once you have a 10 year green card, you only need to remain admissible.

Once naturalized, if you do so, you no longer have to do anything.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
13 hours ago, Fabercham said:

I haven’t heard of any stories of k1s not working out, other than horror stories with people from less developed countries, but I’m sure there are many.

Look up some posts on Reddit to see horror stories. If you think that Canadians, Australians, Japanese, Koreans, French, Swiss, and English citizens never have any problems with marrying Americans, you are in for a surprise. It's not the country that develops the citizen into a good person. It's an individual choice. Great people and great marriages come from other countries besides these.   

Posted
14 hours ago, Fabercham said:

My fiancé just reasons that US laws mean I’d get a good alimony but I’d like a prenup with some kind of agreement for how he might support me if I had to return to the U.K. and start over from scratch but I’m not sure if this is how it’d work at all.

Doesn't really work that way.  I think you misunderstand both preps and alimony.  Prenups are designed to protect personal property before entering into marriage.  "Alimony" in most US states is used more for very long-term marriages in which the wife has been out of the workforce for a number of years (usually whilst raising children), and needs extra to either return to the workforce, get re-training, or to retire.

 

If you have a short marriage and skills or education which you used before the marriage to make a living, you will not be getting alimony.

Filed: Citizen (apr) Country: Haiti
Timeline
Posted

Out of curiosity if you have a better life in the UK (job etc) have you guys thought about him moving to you?  

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)
10 hours ago, databit said:

If YOU earn more money, YOU may be the one who has to pay alimony! This happened to my sister. And a person can indeed be "left with nothing" after divorce, if there were no shared assets and monies were strictly kept separate. Then you would only be entitled to what you own separately.

 

If you really want protection, get a prenup, always file taxes as "Married filing separately."

Perfect case of "She got the gold mine and I got the shaft".. except the other way around! 

Edited by Highmystic
addition
Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)
16 hours ago, Fabercham said:

Hi all. I have about 6 weeks left in the U.K. before I move to the US on a K-1 visa. I’m looking forward to living life with my fiancé who I love and making new friends but lately I find myself with a lot of concerns.

   I am in my thirties and I’m giving up a good job to move over, one it took me a while to get. I am leaving behind family members who disagree with my decision and think I am burning my bridges and want me to live with him for 6 months first, to see if it works out. As you know, you cannot do this on a K-1. I’ve made 6 trips to the US and he’s visited U.K. 4 times. That’s the best we can do. 

   I haven’t heard of any stories of k1s not working out, other than horror stories with people from less developed countries, but I’m sure there are many. If my fiancé were to marry me but then want to divorce, I’d be left with no life to return to in the U.K. and only a two year greencard, or at best a 10 year one, so I would have to leave, right? My fiancé just reasons that US laws mean I’d get a good alimony but I’d like a prenup with some kind of agreement for how he might support me if I had to return to the U.K. and start over from scratch but I’m not sure if this is how it’d work at all. I’m just so nervous. I know it sounds very unromantic but my ex husband screwed me over financially, so I’m extra cautious.  

   Has anyone had a similar experience? Any advice appreciated!

So, My Opinion is this:  Given your age, you are concerned about your well being financially, and that is a plus.  When my fiancee got here on her K1,  I was unaware but after a few months of marriage, she gave me $500 cash.  she had it "just in case" to help with air fare if it all fell apart.  In two weeks we will be enjoying our 2nd Anniversary!  10 visits between you two look great for immigration, however that was just "vacations" and fun for you and your Fiance. Living together "permanently" is a different deal.  Yes, you will get on each others nerves, yes you will argue, etc.  But that is a part of life as you well know.  A K1 can be brutal  for the immigrant spouse,  like 6 months with nothing to do. THAT is when things can heat up, get tense.  All people, old and young,  immigrant or citizen, needs space at times, just to breathe.   You are a bit more mature, not like some 20 year olds who "fall in love" over an on line video game.  I sympathize with your apprehensions,  and I wish you nothing but the best in your endeavors and your new life here in the US!  And once you get your EAD and AP,  you can go back and hug your old friends and family, then come back to your spouse!

Edited by Highmystic
typo grrr
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

The post just above sets up what I was going to recommend.

Rather than focus on fears of the unknown, stack matters in your favor.

 

Some of these suggestions might not make sense until the closing line of this post.

 

During your ~6 weeks, plan like banshees on how to "hit the ground running" when you arrive.

This includes considering goals, and what you're "permitted" to do at each stage of your process.

For example, research volunteer opportunities (that won't "displace" a U.S. citizen from a job).

Research educational and training opportunities.  What can you study now that you can apply later?

 

It's crucial to remember that visiting isn't like living in a new country.

Therefore, plan to dedicate free time toward studying culture, slang, everyday life, etc. here in the Colonies.

(View it as a foray for knowledge rather than as your being helplessly immersed in foreign non sequiturs.)

 

This includes things as basic as going (with husband-to-be or another Colonist) to supermarkets, to gas stations, on bus rides if applicable, or simply on walks in your neighborhood or downtown so that you can point out things that strike you as different and you'd like explained.  Nothing is too basic in this regard.  It really is true that "if the details are handled, the big things often take care of themselves."

 

Construct and hone a "U.S.-style" professional resumé.

 

One way to take future pressures off is to renew your UK driver's license now, for the longest term possible.

 

Also, procure multiple (this is crucial) copies of every official personal document that would be difficult, time-consuming, expensive, or impossible to get remotely:  birth certificate, divorce certificate, university transcripts, medical/vaccination records (on doctor's or clinic letterhead), and any other potentially important "life" document that you can think of.  You may never need one or more, but you never know, and simply having them will give you a sense of relief.

 

The key point to remember is that you are in charge of your future (in tandem with husband-to-be), and your enthusiasm and engagement in this readjustment process are under your control.  Of course you'll feel homesickness and perhaps like an alienated "fish out of water" at times... but the homesickness is 100% natural, and the alienation can be minimized by figuring out exactly what's causing it:  identify it, isolate it, and conquer it.

 

I think that if you do these things, your worries about marriage failure will be minimized, diminished, or banished, because you're helping to set a firm foundation that removes a lot of overlooked items that can undercut an international marriage.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
4 hours ago, Luckycuds said:

Out of curiosity if you have a better life in the UK (job etc) have you guys thought about him moving to you?  

Well, I like my job but he has a very good one, which he wouldn’t get anything like in the U.K. He also has two dogs it’d be hard to uproot

Filed: K-1 Visa Country: Wales
Timeline
Posted

Technically the UK DL is toast once you emigrate.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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