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Refusing to GO to ROC Interview

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Filed: AOS (apr) Country: Philippines
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The wife's roc for lifting of conditions is set tomorrow but I have informed her I will not be going. This decision is very hard because I love the kids to death but the wife has stated to many friends she does not love me and never have. That she only got married for her kids. That she just wanted her kids to have a better life. Well, we will see if they get a better life no thanks to her. I told and told her what she needed to prove over the last year and a half and she just thought I was joking or just saying it but now the interview is approaching and i will not go. They also asked for additional information and I informed her that I would not be providing the documents she needs that she is on her own for the interview. One of her friends asked if she knew what she was doing that they will be asking her a lot of questions based on what i submitted. She does not know I submitted affidavit's of a scam marriage from her friends that know her and me.

I feel very sad that it came to this point but I tried to reason with her and told her I would go out of my way for her to give the kids a better life but I will not go an perjury myself on her behalf.

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Filed: Lift. Cond. (apr) Country: China
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~Moved from Fam.based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

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Filed: AOS (apr) Country: Fiji
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Q - yes sorry that you are going through this. I myself am going through a divorce. Very hard and stressful. But good for you to take a stand. I hope you had those affidavit notarized. If not, then they might not mean anything. It will be interesting to find out how her interview goes. Merrytooth is right, cover your 6 because if she gets a good lawyer then anything can happen. Another thing you need to consider. Remember that little I-864 form you filled out. Well buddy you are still on the hook. Which could mean up to $20K +/- of support payments per year. Find a read a document named "Suing on the I-864 Affidavit of Support" by Greg McLawsen. Interesting ready for those who have gone through this.

Good luck and wish you the best.

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Filed: AOS (apr) Country: Philippines
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Q - yes sorry that you are going through this. I myself am going through a divorce. Very hard and stressful. But good for you to take a stand. I hope you had those affidavit notarized. If not, then they might not mean anything. It will be interesting to find out how her interview goes. Merrytooth is right, cover your 6 because if she gets a good lawyer then anything can happen. Another thing you need to consider. Remember that little I-864 form you filled out. Well buddy you are still on the hook. Which could mean up to $20K +/- of support payments per year. Find a read a document named "Suing on the I-864 Affidavit of Support" by Greg McLawsen. Interesting ready for those who have gone through this.

Good luck and wish you the best.

I am only on the hook for the wife and oldest since we did not apply for green card for the other 2. Yes they were taken in a court deposition and notarized. Tomorrow after her interview the process server will be on hand to give her her walking papers as she leaves the building. I paid an extra 100.00 for them to wait for her to leave interview.

She must really be in panic mode right now. She had the 8 year old call to remind me that mommy has interview. I feel very sorry but you only can take so much. Mommy only joke you daddy, mommy said you are sending me to crappy country. But I want to stay here. It tears you apart but no more. I waited patiently for this interview date and now she can see how serious I have been. Her friend called this afternoon telling me she asked her why I can refuse to go. She replied back did you actually believe he was going to take much more.

I guess her other friend that gave her the original advise did not realize she had a 2 year green card and that an interview was going to be required. Oh, well not my problem anymore.

Then after she comes home she will be served with temporary restraining order and she will not be able to come within 250 of the house.

So, yes you do need to protect yourself I agree 100 percent.

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Filed: Timeline

Unless I'm mistaken, your non-appearance will mean an automatic denial.

That doesn't mean the road is over; they will not be pulling up to her house that afternoon to escort her to the border. But all her documents and other evidence should not matter. No spouse there, disapproved. end of story.

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Filed: Other Country: Brazil
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well probably she will create some stories saying she was being mentally abused and the immigration officer will tell her what to do in this case .She will have a long road ahead of she decides to fight the l751 denial.

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Filed: AOS (apr) Country: Philippines
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Well, today will be interesting. Again first thing she did was text me that we have an appointment and I replied back have a nice interview. It will be hard for her to create stories considering the last 1 1/2 years she only has been to the house in the morning for 14 to 15 per day and maybe 2 to three times a week. She was under the impression as long as we had a place together that meant we had a true bona fide marriage. The kids would only see her for 45 minutes to an hour a week. All well documented.

If she does not think this is bad, fortunately I kept all of my receipts of money I sent her and now she will have wire fraud to contend with. it is amazing what you can do if you do your research. Once she said it was only for her kids and she never loved me. I found case law and took action. If that will not prove intent to fraud I do not know what would.

Today should be a very interesting day, i can not wait to see her face this afternoon.

Yes, nice people do sometimes come out on top.

Edited by qtime
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Filed: K-1 Visa Country: India
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In my opinion, you did the right thing. For some reason, I have recently been reading a lot about such things from Filipinos. Kudos to you and hopefully your plan will work out and she will get what she deserves. I don't think it is right to take advantage of someone's love and support the way she has been doing.

Our Timeline
1st Jun, 2013 - Mailed i129f
17th Oct, 2013 - NOA2 Email Notification
27th Jan, 2014 - Visa Interview - Refused Visa eligible for waivers I601 and I212
23rd Sep, 2014 - Visa Received

2nd Nov, 2014 POE Newark

6th Nov, 2014 - Married

7th Nov, 2014 - AOS, EAD, AP applications mailed to Chicago

10th Nov, 2014 - Applications delivered and Receipt Date

14th Nov, 2014 - NOA1 Date

20th Nov, 2014 - Received NOA1 hard copies

29th Nov, 2014 - Letter for Biometrics Appointment. Appt date - 12/10/2014

1st Dec, 2014 - Walkin biometrics done

13th Dec, 2014 - RFE email followed by Hard Copy on 12/19/2014 for Marriage Certificate

20th Dec, 2014 - Mailed RFE response with certified Marriage License and Certificate

21st Feb, 2015 - Received notice of potential interview waiver by mail

2nd Mar, 2014 - email received for EAD approved

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If she does not think this is bad, fortunately I kept all of my receipts of money I sent her and now she will have wire fraud to contend with. it is amazing what you can do if you do your research. Once she said it was only for her kids and she never loved me. I found case law and took action. If that will not prove intent to fraud I do not know what would.

How is it wire fraud, out of curiosity?

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What's the latest time of day an interview could be scheduled? It's currently almost 3 PM in Texas, so I think we need to wait a bit to hear back from OP.

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Filed: K-1 Visa Country: Philippines
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In my opinion, you did the right thing. For some reason, I have recently been reading a lot about such things from Filipinos. Kudos to you and hopefully your plan will work out and she will get what she deserves. I don't think it is right to take advantage of someone's love and support the way she has been doing.

Don't generalize it, not all are the same. And i have also read some cases here in the forum and i can say that it's not just only "Filipinos", but also some other nationalities. If you know what i mean ;)

To the OP im sorry if you go through this. But i agree of what you did and your decision.

AOS

7-25-2014 - Sent off the packet I-485 && I-765

7-29-2014 - Recieved NOA's

8-25-2014 - Appointment letter Received (Biometrics) Dated for 8/29/14

8-27-2014 - Early Walk-in SUCCESSFUL!

10-3-2014 - EAD CARD PRODUCTION!!

10-9-2014 - EAD has been Mailed - IN TRANSIT!

10-11-2014 - EAD Received!! :)

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Filed: K-1 Visa Country: India
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Don't generalize it, not all are the same. And i have also read some cases here in the forum and i can say that it's not just only "Filipinos", but also some other nationalities. If you know what i mean ;)

To the OP im sorry if you go through this. But i agree of what you did and your decision.

I apologize for the race remark. But, what has happened with the OP is sad and hopefully it doesn't make him and others lose faith due to such conniving and perturbed behavior by the people we are in love with, want to spend the rest of our lives with.

Our Timeline
1st Jun, 2013 - Mailed i129f
17th Oct, 2013 - NOA2 Email Notification
27th Jan, 2014 - Visa Interview - Refused Visa eligible for waivers I601 and I212
23rd Sep, 2014 - Visa Received

2nd Nov, 2014 POE Newark

6th Nov, 2014 - Married

7th Nov, 2014 - AOS, EAD, AP applications mailed to Chicago

10th Nov, 2014 - Applications delivered and Receipt Date

14th Nov, 2014 - NOA1 Date

20th Nov, 2014 - Received NOA1 hard copies

29th Nov, 2014 - Letter for Biometrics Appointment. Appt date - 12/10/2014

1st Dec, 2014 - Walkin biometrics done

13th Dec, 2014 - RFE email followed by Hard Copy on 12/19/2014 for Marriage Certificate

20th Dec, 2014 - Mailed RFE response with certified Marriage License and Certificate

21st Feb, 2015 - Received notice of potential interview waiver by mail

2nd Mar, 2014 - email received for EAD approved

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Filed: AOS (apr) Country: Philippines
Timeline

No, I have yet to see her. I am currently working now.

Wire fraud- She knowningly accepted money under false pretenses. She knowningly knew what she was doing and that her intentions were to defraud. Plus I could establish a pattern since I saved over 12000 pages of IM's which helped prove a fraud was committed.

I researched the laws in my state and found that since the money was originated from my state to her via wire transfers and other transfers I could file a petition in my state for said fraud since the statue of limitations was 5 years. Being that she is in the united states it has made it easier to take legal action verses her being in her country.

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