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Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to Effects of Major Family Changes on Immigration Benefits, from 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

 

Filed: Citizen (apr) Country: Jordan
Timeline
Posted
9 hours ago, bolero_pa said:

 and she shouldn't be worried about being strapped with what would be financially crippling bills if later, she moves back to her home country where salaries are so much lower. My concern was that she might not hire an attorney, due to financial concerns, and then get crushed in the divorce proceedings. 

Thanks!

She has no legal path to stay here, she has no choice but to go home. Why would she have "financially crippling bills later" and "get crushed" after a 2 month marriage? Am I missing something? I'm confused by these statements. She's entitled to nothing.


Posted
2 minutes ago, Cathi said:

She has no legal path to stay here, she has no choice but to go home. Why would she have "financially crippling bills later" and "get crushed" after a 2 month marriage? Am I missing something? I'm confused by these statements. She's entitled to nothing.

That is also the way I see it.  If they are amicable, it might be a good idea to sit down together and compare the cost of a contested divorce ($$$), vs the cost of just filing together ($), and then use the difference to get back home/have a little starting fund.  I think there is a way for both of them to win by making it as easy as possible.  

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted
11 hours ago, bolero_pa said:

Due to the Affidavit of Support, which is part of the K1, isn't the husband responsible for all her legal fees?

The I-134 affidavit of support is not enforceable so it won't be the mechanism for a legal fees responsibilities.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)

This is a divorce question only since her legal presence in the US will end when he stops, withdraws, or does not even begin the adjustment of status process.  She should find an experienced family law attorney, who will know how to make her husband pay all legal fees, assuming from your post that she does not have any money of her own.  She is married, so all of their cash and debts since marriage (including money owed to attorneys going forward) are shared marital assets and debts.  In most states, he will have to pay her legal expenses and a good attorney will have experience with this.  If the husband is smart, he will try to minimize legal expenses for himself and his wife by negotiating a settlement with her and her attorney, an agreement that specifies he will pay for the divorce and legal representation for both parties, with some money for her and a return flight home.

Edited by carmel34
Posted

What he SHOULD do is pay for the divorce with a single lawyer for both. They have not been married long enough to have any shared property or alimony due. He should be a good guy and pay for her flight and put a little money in her pocket for a fresh start.

Finally done...

 

 

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
12 hours ago, Carpe Vinum said:

What he SHOULD do is pay for the divorce with a single lawyer for both. They have not been married long enough to have any shared property or alimony due. He should be a good guy and pay for her flight and put a little money in her pocket for a fresh start.

 

Is that common practice in the United States - having one lawyer to represent both parties in a divorce? I have never heard of that happening in my own country.

 

Can I ask why he wants a divorce after just two months?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
4 minutes ago, Lee Thacket said:

having one lawyer to represent both parties in a divorce

It can and has been done.  Is it advisable?  It's usually recommended against.

If there's going to be absolutely no argument between the parties about division of assets, etc., it can be OK.

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: Citizen (apr) Country: Ecuador
Timeline
Posted
5 minutes ago, OldUser said:

I think the reason why it was suggested is because OP's friend cannot afford a lawyer and there's probably not much estate to split after 2 month marriage.

Acknowledged.  The couple should agree on as much as possible and consult a lawyer for the rest (even seeing one or more for the usually-free initial half-hour consultation).  The USC might even be able to submit divorce papers himself, with competent guidance.  Investigate the possibilities.

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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