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OldUser
OldUser

Divorce the sponsor. Proceeding with I-485 is not an option as marriage is not bonafide. USCIS may even use your wife's cheating against you.   Your daughter can sponsor your for GC onc

OldUser
OldUser

I don't believe cheating is a qualifying reason for VAWA. As to abuse, OP would have to describe something substantial.

Ontarkie Grand Master

Ontarkie   14,216

Posted
Filed: Citizen (apr) Country: Canada
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Posted

~~Moved to Effects of Major Family Changes, form K1 P&P- as similar topics are discussed here.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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SalishSea Grand Master

SalishSea   17,801

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted (edited)
21 minutes ago, michelle67 said:

We got married this year and we had a daughter that was born in USA she's a citizen. We have not sent the formI-485 Adjustment of Status yet he keeps delaying it. Found out he is having an affair, what can I do?

You can divorce and switch to a divorce waiver so that you self-sponsor.

 

In the meantime, you’re out of status and deportable.   
 

do you have an attorney?

Edited by SalishSea
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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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After 90 days you are out of status and deportable

“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.”

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OldUser Veteran

OldUser   6,608

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Divorce the sponsor.

Proceeding with I-485 is not an option as marriage is not bonafide. USCIS may even use your wife's cheating against you.

 

Your daughter can sponsor your for GC once she's 21. Until then you're out of status and need other avenues to remain in the US legally.

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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The tricky bit could be taking the daughter.

“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.”

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SalishSea Grand Master

SalishSea   17,801

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Filed: Lift. Cond. (apr) Country: New Zealand
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1 hour ago, SalishSea said:

You can divorce and switch to a divorce waiver so that you self-sponsor.

 

In the meantime, you’re out of status and deportable.   
 

do you have an attorney?

Sorry, it’s too late to edit this.   I was thinking ROC vs AOS.   As others are saying OP, you cannot adjust status via any route other than your marriage.   Sorry to hear about the situation.

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Crazy Cat Grand Master

Crazy Cat   41,811

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Filed: Citizen (apr) Country: Taiwan
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6 minutes ago, OldUser said:

and need other avenues

VAWA is the only way I can think of.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,811

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
6 minutes ago, OldUser said:

I don't believe cheating is a qualifying reason for VAWA. As to abuse, OP would have to describe something substantial.

Agree.  I meant a valid VAWA claim is the only avenue I can think of for a K-1 to stay...if there was a qualifying reason.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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michelle67 Rookie

michelle67   1

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Posted

I'd like to leave the country with my daughter, is it possible? 

1 hour ago, SalishSea said:

You can divorce and switch to a divorce waiver so that you self-sponsor.

 

In the meantime, you’re out of status and deportable.   
 

do you have an attorney?

What if I wanted to leave the country with my daughter?

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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Posted
1 minute ago, michelle67 said:

What if I wanted to leave the country with my daughter?

You would need his/the Courts OK

“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.”

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OldUser Veteran

OldUser   6,608

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Posted (edited)
33 minutes ago, michelle67 said:

I'd like to leave the country with my daughter, is it possible? 

What if I wanted to leave the country with my daughter?

It is complex. You'd need to make sure you do everything legally which may include getting consent from her father and some paperwork. Family lawyer may help with this. I'd bring the subject as you discuss the divorce process with family lawyer.

Edited by OldUser
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SalishSea Grand Master

SalishSea   17,801

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
55 minutes ago, michelle67 said:

I'd like to leave the country with my daughter, is it possible? 

What if I wanted to leave the country with my daughter?

That isn’t an immigration issue, but it is covered by local and international laws.   You definitely need an experienced lawyer.

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