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Crazy Cat Grand Master

Crazy Cat   41,010

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13 minutes ago, thonati said:

The spouse is an "immediate relative" as stated on the I-485 Instruction Form. 

Marriage does not confer authorization to remain in the US. 

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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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.

Crazy Cat Grand Master

Crazy Cat   41,010

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5 minutes ago, thonati said:

The spouse is an "immediate relative" as stated on the I-485 Instruction Form. 

That is not a legal immigration status!!

"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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Boiler Grand Master

Boiler   44,700

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3 hours 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?

 

No I 485.

 

Having an affair suggests to me there will not be one.

 

I suppose it is possible they could reconcile, but this has not been suggested.

“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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michelle67 Rookie

michelle67   1

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50 minutes ago, SalishSea said:

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

Thank you I will have to find a way since he's my sponsor I depend on him financially and going by myself it's almost impossible since I don't know how to drive

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thonati Contributor

thonati   29

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Now back to the OP.  I am sorry you are in this horrible situation.  The reason for divorce really does not matter in the US as most states are "no fault".  This means the either party of a marriage can petition the courts to dissolve the marriage for any reason.  There is no requirement to show cause, although there are some states that are trying to bring back the "for cause" requirement.

 

It really does not matter if your spouse cheated or burnt the toast.  No fault divorce is treated the same.  You need to get an attorney on this one.

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Boiler Grand Master

Boiler   44,700

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Just now, michelle67 said:

This would be his second time cheating... that's why I wanna leave to my country with my daughter I tried

Does she have any passports?

 

Would he be agreeable?

“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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thonati Contributor

thonati   29

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6 minutes ago, michelle67 said:

This would be his second time cheating... that's why I wanna leave to my country with my daughter I tried

2nd time?  Oh man.  He sounds like a winner.  No offense to you but the guy is a #######.  Since the child is a USC, the courts will favor keeping the child in the US.  There have been many cases like this and the mother has been refused to take the child "back home".  You really need an Attorney, a good one.  This case is more than merely an Immigration issue.  It is also a custody issue. 

 

My advice, try not to hold any ill will to your spouse.  I know it is hard but hate makes people think and behave ill-rationally.  He may be a horrible husband but he might be an excellent father.  Please do not try to get back at him or hurt him by take the child "back home". Do it the proper way, through the courts.

 

Good luck.

Edited by thonati
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Crazy Cat Grand Master

Crazy Cat   41,010

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***Several derailing comments and misinformation (along with replies) removed****

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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Timona Experienced

Timona   4,116

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4 hours ago, michelle67 said:

This would be his second time cheating... that's why I wanna leave to my country with my daughter I tried

Leave to which country?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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TBoneTX Grand Master

TBoneTX   44,391

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The OP may have reached her post limit for her first day as a new VJ member.

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(!).

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michelle67 Rookie

michelle67   1

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On 7/26/2024 at 6:28 PM, thonati said:

2nd time?  Oh man.  He sounds like a winner.  No offense to you but the guy is a #######.  Since the child is a USC, the courts will favor keeping the child in the US.  There have been many cases like this and the mother has been refused to take the child "back home".  You really need an Attorney, a good one.  This case is more than merely an Immigration issue.  It is also a custody issue. 

 

My advice, try not to hold any ill will to your spouse.  I know it is hard but hate makes people think and behave ill-rationally.  He may be a horrible husband but he might be an excellent father.  Please do not try to get back at him or hurt him by take the child "back home". Do it the proper way, through the courts.

 

Good luck.

Yeah he is . I tried once for the sake of my daughter but this is too much now. He's not even around the kid, he is always out with the other woman so at this point it's whatever, I haven't said anything to him I'm just trying to find what's the best thing i can do, the easiest and quickest so thanks

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michelle67 Rookie

michelle67   1

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On 7/26/2024 at 6:23 PM, Boiler said:

Does she have any passports?

 

Would he be agreeable?

No no passport yet and he wouldn't be, we talked about doing my paper work and me going back and forth and stuff but he has been delaying it, telling me he's got not money but he spends $$ on hotels soo... if he knows I'd wanna leave he wouldn't let me

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Boiler Grand Master

Boiler   44,700

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You can go anytime

 

Maybe you can do a deal to let the child go, waive child support or something 

“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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