advice needed

[yee2007 0]

Hi to all! this topic im going to share is all about my status here in USA.I am a k3 visa holder,we were maried in my country,my husband has no plans to adjust my status.My k3 visa will expire soon.He wants me to go back home...I am very disapointed coz,i love him and i cant understand why he dont want me here being with him.All i want is to be with him,always.he dont want to be responsible to me forever.coz,he said he cant afford if i stay here in the US.he dont file my SSN so i can work and learned to drive.he dont do anything.I am confused,hurt,disapointed.please anyone advice.

[Minya's wife 25]

Hi to all! this topic im going to share is all about my status here in USA.I am a k3 visa holder,we were maried in my country,my husband has no plans to adjust my status.My k3 visa will expire soon.He wants me to go back home...I am very disapointed coz,i love him and i cant understand why he dont want me here being with him.All i want is to be with him,always.he dont want to be responsible to me forever.coz,he said he cant afford if i stay here in the US.he dont file my SSN so i can work and learned to drive.he dont do anything.I am confused,hurt,disapointed.please anyone advice.

If I understand correctly, the K2 visa is valid for two years, you've been here almost 2 years? I'm not sure if there is anything to do, once your visa expires and if you haven't adjusted status or at least filed the paperwork to do so. Perhaps someone with more experience in this area can offer some advice. If he is not making the effort to contribute in order complete the paperwork to adjust your status and he wants you to return to your home country, that is something you need to clear up with him, as to why. Have you spoken with him, asked him why he has not filed the paperwork? Is there anyone, friend, family membe, or counselor you can speak with to better understand what's going on? Good luck, I hope things work out for you.

-P

[Nanusia & Lukaszek 0]

What kind of advice are you seeking? If you haven't yet filed AOS, then there's not much you can do. In the AOS he has to fill out I-863 guaranteeing your support, and if he's not willing to do that, then you won't get a GC.

Who did he think was going to support you if not him? And if he wanted your help, he should have helped you get an EAD with filing AOS.

Situation seems weird. He loves you, yet wants you to go back home?

Also fill in your timeline so we can help further.

Edited July 31, 2007 by Nanusia & Lukaszek

[Minya's wife 25]

What kind of advice are you seeking? If you haven't yet filed AOS, then there's not much you can do. In the AOS he has to fill out I-863 guaranteeing your support, and if he's not willing to do that, then you won't get a GC.

Who did he think was going to support you if not him? And if he wanted your help, he should have helped you get an EAD with filing AOS.

Situation seems weird. He loves you, yet wants you to go back home?

I think the OP is saying she loves her husband, but she did not mention that he loves her back. I think the K3 is good for 2 years.....and if as the OP says, its about to expire that means she's been here for almost two years and nothing was done to make her situation permanen....i.e. SSN, drivers license, EAD or AOS for green-card. Its unfortunate.

-P

[yee2007 0]

yes,it is weired situation.Yes,i do ask him why,his answers its simple He dont want to sign the papers,he dont wanna be responsible.He figures out he rather be alone and no responssibilities.He works a lot and no time to relax...no time for everything,lots of bills.he said when he sale the house he will know what he gonna do for his future.right now he dont know.He is tired making and paying bills plus me here in the US.i dont know,i just dont know.my visa will expire january of 2008.Yes,i do have cousin's her but they are so far away from me,my husband dont let me come and visit them coz,his afriad i will get lost with him.this is very hard subject here.....

[one...two...tree 2,762]

If you were already married and came over with a K-3, he cannot abandon his responsibility (Affidavit of Support), regardless of whether he wants to stay married. He's being a jerk. Get in touch with a local divorce attorney for an initial free consultation to see what your options are, but you will not have to go back to Philippines.

[Ngoc-Anh 1]

sorry to hear that. Does he think that marriage is something you do out of your mood?

My advise as well, contact a lawyer.

Good luck to you!

[yee2007 0]

thank you for all of your advice here,ill do it...

[Boiler 45,557]

yes,it is weired situation.Yes,i do ask him why,his answers its simple He dont want to sign the papers,he dont wanna be responsible.He figures out he rather be alone and no responssibilities.He works a lot and no time to relax...no time for everything,lots of bills.he said when he sale the house he will know what he gonna do for his future.right now he dont know.He is tired making and paying bills plus me here in the US.i dont know,i just dont know.my visa will expire january of 2008.Yes,i do have cousin's her but they are so far away from me,my husband dont let me come and visit them coz,his afriad i will get lost with him.this is very hard subject here.....

Other than staying illegally, what are the options you imply?

[one...two...tree 2,762]

yes,it is weired situation.Yes,i do ask him why,his answers its simple He dont want to sign the papers,he dont wanna be responsible.He figures out he rather be alone and no responssibilities.He works a lot and no time to relax...no time for everything,lots of bills.he said when he sale the house he will know what he gonna do for his future.right now he dont know.He is tired making and paying bills plus me here in the US.i dont know,i just dont know.my visa will expire january of 2008.Yes,i do have cousin's her but they are so far away from me,my husband dont let me come and visit them coz,his afriad i will get lost with him.this is very hard subject here.....

Other than staying illegally, what are the options you imply?

Abandonment? I thought the whole idea behind the Affidavit of Support was to prevent schmucks from simply dumping their foreign wives.

[smoke20 0]

yes,it is weired situation.Yes,i do ask him why,his answers its simple He dont want to sign the papers,he dont wanna be responsible.He figures out he rather be alone and no responssibilities.He works a lot and no time to relax...no time for everything,lots of bills.he said when he sale the house he will know what he gonna do for his future.right now he dont know.He is tired making and paying bills plus me here in the US.i dont know,i just dont know.my visa will expire january of 2008.Yes,i do have cousin's her but they are so far away from me,my husband dont let me come and visit them coz,his afriad i will get lost with him.this is very hard subject here.....

Other than staying illegally, what are the options you imply?

Abandonment? I thought the whole idea behind the Affidavit of Support was to prevent schmucks from simply dumping their foreign wives.

i'm with you on that. by being married & the affidavit of support, isn't he legally liable to provide for her & wouldn't she be intiltled to alamony & 1/2 of their assets if it all goes south?

[Boiler 45,557]

yes,it is weired situation.Yes,i do ask him why,his answers its simple He dont want to sign the papers,he dont wanna be responsible.He figures out he rather be alone and no responssibilities.He works a lot and no time to relax...no time for everything,lots of bills.he said when he sale the house he will know what he gonna do for his future.right now he dont know.He is tired making and paying bills plus me here in the US.i dont know,i just dont know.my visa will expire january of 2008.Yes,i do have cousin's her but they are so far away from me,my husband dont let me come and visit them coz,his afriad i will get lost with him.this is very hard subject here.....

Other than staying illegally, what are the options you imply?

Abandonment? I thought the whole idea behind the Affidavit of Support was to prevent schmucks from simply dumping their foreign wives.

Her K3 expires soon and she has not adjusted. Usually this is where the Affadavit comes in I find it difficult to believe that a Court would enforce any type of Affadavit for somebody in the US illegally.

So how does she stay here, legally.

[one...two...tree 2,762]

yes,it is weired situation.Yes,i do ask him why,his answers its simple He dont want to sign the papers,he dont wanna be responsible.He figures out he rather be alone and no responssibilities.He works a lot and no time to relax...no time for everything,lots of bills.he said when he sale the house he will know what he gonna do for his future.right now he dont know.He is tired making and paying bills plus me here in the US.i dont know,i just dont know.my visa will expire january of 2008.Yes,i do have cousin's her but they are so far away from me,my husband dont let me come and visit them coz,his afriad i will get lost with him.this is very hard subject here.....

Other than staying illegally, what are the options you imply?

Abandonment? I thought the whole idea behind the Affidavit of Support was to prevent schmucks from simply dumping their foreign wives.

Her K3 expires soon and she has not adjusted. Usually this is where the Affadavit comes in I find it difficult to believe that a Court would enforce any type of Affadavit for somebody in the US illegally.

So how does she stay here, legally.

I'm not a lawyer, but the marriage is a legal contract and with it there are certain legal responsibilities. I would hope that an attorney could look into this as a case of abandonment and that she can have some kind of legal recourse. Unless he has a particular reason why he has reneged on his commitment of marriage, I don't see how he can simply tell her to go home.

[edp333 9]

sorry to hear that. Does he think that marriage is something you do out of your mood?

My advise as well, contact a lawyer.

Good luck to you!

Isn't the US marriage system set up for people who frequently change their mind?

Another thing to consider is if her husband divorces her here, she will still be married in the Philippines. So going back home will make things very rough for yee2007. It would be better for her to do something while still in the US.

YuAndDan posted some great information on this matter in the K3 thread under Divorcing a K3 Before AOS.

[Boiler 45,557]

yes,it is weired situation.Yes,i do ask him why,his answers its simple He dont want to sign the papers,he dont wanna be responsible.He figures out he rather be alone and no responssibilities.He works a lot and no time to relax...no time for everything,lots of bills.he said when he sale the house he will know what he gonna do for his future.right now he dont know.He is tired making and paying bills plus me here in the US.i dont know,i just dont know.my visa will expire january of 2008.Yes,i do have cousin's her but they are so far away from me,my husband dont let me come and visit them coz,his afriad i will get lost with him.this is very hard subject here.....

Other than staying illegally, what are the options you imply?

Abandonment? I thought the whole idea behind the Affidavit of Support was to prevent schmucks from simply dumping their foreign wives.

Her K3 expires soon and she has not adjusted. Usually this is where the Affadavit comes in I find it difficult to believe that a Court would enforce any type of Affadavit for somebody in the US illegally.

So how does she stay here, legally.

I'm not a lawyer, but the marriage is a legal contract and with it there are certain legal responsibilities. I would hope that an attorney could look into this as a case of abandonment and that she can have some kind of legal recourse. Unless he has a particular reason why he has reneged on his commitment of marriage, I don't see how he can simply tell her to go home.

Legal recourse would be alimony following a divorce, bu what if anything could she expect for a marriage of such shot duration.

But this is an Immiration Board and we were I thought discussing those options.

You said she did not have to go home?

Why?