Critical situation!!! Spouse Wants to Leave. 1-751 please help me!

[Tommy john 9]

Guys please understand that; 

 

I was limited by my visa when coming to US. I had to work in one institution. Didn’t have the flexibility to change my location. After getting into collage, I have one day off every week and can’t fly to other state and back in one day. I told the IO since first interview that our life will be like that till I finish the collage and settle together. 

[Rocio0010 5,579]

2 minutes ago, Tommy john said:

Didn’t have the flexibility to change my location.

You do know that F1 students have the ability to change universities, don't you?

You do know that once you marry and file for AOS, you can drop out of school to be with your spouse if you wanted to work on your marriage?

If you're ROCing now, it means that you AOSed at least two years ago. You could have switched universities or even drop out of school if you wanted to be with your wife. You're well past that stage now!

Edited November 30, 2021 by ra0010

[Boiler 44,983]

I would not recommend giving up a F1 status, situations like this make it not a good idea.

 

But he has had a GC for nearly 2 years? so that is not a factor.

[Tommy john 9]

3 minutes ago, Boiler said:

I would not recommend giving up a F1 status, situations like this make it not a good idea.

 

But he has had a GC for nearly 2 years? so that is not a factor.

My contract is to work and study on same time and that’s scholarship between my country and one university here in US. So again, believe me I didn’t have that flexibility to change my location. I even don’t have the choices to decide since it’s agreement between my country and only one university here!! It’s only one place for me I have to stick to it.

Edited November 30, 2021 by Tommy john

[Rocio0010 5,579]

3 minutes ago, Boiler said:

I would not recommend giving up a F1 status

He's a PR resident now, so his F1 status is just void. Plenty of former F1 students drop out of school once the GC is approved.

[Boiler 44,983]

Just now, ra0010 said:

He's a PR resident now, so his F1 status is just void. Plenty of former F1 students drop out of school once the GC is approved.

Sure and North Carolina is an at will state, but not before GC is approved would be my recommendation.

[Rocio0010 5,579]

2 minutes ago, Boiler said:

Sure and North Carolina is an at will state, but not before GC is approved would be my recommendation.

Ok. Anyways, they are way past that stage now. I think we all agree that a marriage where they see each other every three months under these circumstances is at least weird. OP has three choices: 1) move and try to reconcile with wife, 2) attend the interview together and say that they are facing some issues (suggested by @Mike E) or divorce and switch to a divorce waiver. I guess the fourth option would be to just do nothing and expect a denial.

[SalishSea 17,550]

3 hours ago, Tommy john said:

Hi guys, short long story!

 

I and my wife get married 3 years ago. She lives in NC and I’m living in Maryland as student in engineering collage. I usually visit her every 3-4 months for couple days and then back to my collage.
 

We jointly submitted our 1-751 package almost 9 months ago. Few days ago, she sent me text that she doesn’t enjoy having sex with me for some reasons I can’t fix or do any thing with it and also she love having sex a lot and I can’t afford that due to my collage and living apart.
 

She told me we can be like friends or i can find “ boyfriend or so” I was so shocked from that and she hurt my feelings with her texts. I’m posting here now because I don’t know what to do with my permanent status!!!

 

I don’t have the money to hire attorney. Please I need your advice!! I don’t know what I should do with immigration if we get to interview!! 
 

she didn’t ask for divorce but I can say she may ask anytime!!! I can expect anything from her this time.

 

please help!!

If you are in college, is is important to spell it correctly.

[Mike E 11,733]

1 minute ago, ra0010 said:

Ok. Anyways, they are way past that stage now. I think we all agree that a marriage where they see each other every three months under these circumstances is at least weird. OP has three choices: 1) move and try to reconcile with wife, 2) attend the interview together and say that they are facing some issues (suggested by @Mike E) or divorce and switch to a divorce waiver. I guess the fourth option would be to just do nothing and expect a denial.

Most of this stimulating discussion doesn’t address OP’s question: what should he do at the interview (if there is one).  
 

Option 2 is where it is at since she hasn’t asked for a divorce and OP hasn’t expressed that he wants a divorce.  Until either ask for a divorce, there is no other option.   

[Lemonslice 4,722]

37 minutes ago, Mike E said:

Most of this stimulating discussion doesn’t address OP’s question: what should he do at the interview (if there is one).  
 

Option 2 is where it is at since she hasn’t asked for a divorce and OP hasn’t expressed that he wants a divorce.  Until either ask for a divorce, there is no other option.   

Reconcile with his spouse and go together to the interview? Or don't and tell the truth that they are getting divorced; change (or refile ROC) to divorce waiver.  Not that many other things to do.  Unless you are suggesting they are bringing the boyfriend to provide more details?

[Rocio0010 5,579]

1 minute ago, Lemonslice said:

Not that many other things to do.

One more thing: ignore the issue completely and expect a denial.

[Mike E 11,733]

6 minutes ago, Lemonslice said:

Reconcile with his spouse and go together to the interview?

not what wrote.  And also not what @ra0010 said I wrote.  
 

Quote

 

Or don't and tell the truth that they are getting divorced; change (or refile ROC) to divorce waiver.

also not what I wrote.  
 

Quote

 

 

Not that many other things to do.

True.  There is however one other thing to do which is what I wrote. Paraphrasing, they both attend the interview, tell the IO the marriage is having difficulties and is not likely to survive, and get approved.  Which is what @ra0010 said I wrote.  So I wonder why you opted to twist it?
 

Quote

 

Unless you are suggesting they are bringing the boyfriend to provide more details?

droll yet not useful 

Edited November 30, 2021 by Mike E

[Lemonslice 4,722]

2 minutes ago, Mike E said:

not what wrote.  
 

also not what I wrote.  
 

True.  There is however one other thing to do which is what I wrote. Paraphrasing, they both attend the interview, tell the IO the marriage is having difficulties and is not likely to survive, and get approved.  
 

droll yet not useful 

Well, OP will have to discuss with their spouse and see what is realistic.  It is one thing to bring a spouse when the marriage is not doing well, but they are in friendly terms; other if the spouse could become hostile during the interview.  

[Mike E 11,733]

15 minutes ago, Lemonslice said:

Well, OP will have to discuss with their spouse and see what is realistic.

Yeah that’s what I wrote.  

15 minutes ago, Lemonslice said:

It is one thing to bring a spouse when the marriage is not doing well, but they are in friendly terms; other if the spouse could become hostile during the interview.  

Doesn’t matter if the spouse  becomes hostile at the interview and based on the OP we’ve already reached that level.   
 

What matters is if the spouse withdraws from the joint petition at the interview as we saw yesterday in a separate VJ thread.  
 

If so, OP would then ask at the interview to convert the petition to an individual petition with a divorce waiver.  
 

 

Edited November 30, 2021 by Mike E

[millefleur 5,043]

**One post removed for inappropriate derailment and one reply removed referencing said post. Please stick to discussing the relevant immigration topic. Reminder of VJ Terms of Service.**

 

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