AOS interview for K1
Jul 20th 2005, 8:30 am
#1
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Joined: Jul 2005
Posts: 7
AOS interview for K1
A friend mine came to the US from China via a K1 visa in 2/04 and got married to his fiancée right away. Their baby was born couple of months ago. Couple of days ago his wife suddenly announced that she wanted to divorce him because she’s not happy with him. She also said that she would write to the INS to deport him despite the fact that he has been a great husband and has done nothing wrong.
He has not gotten his conditional Green Card yet, but is scheduled for an AOS interview this Aug. So my question is that if his wife doesn’t go with him to the interview, will the INS consider that his wife is withdrawing the application and therefore NOT grant him the conditional Green Card, then send him back to China.
My friend entered the marriage in good faith and now a father of a newborn. It is so unfair to send him back to China and more importantly strip his parental rights simply because his US citizen wife wants to get ride of him after 18 months of marriage. Does anyone know whether he'll be able to stay here in the US?
He has not gotten his conditional Green Card yet, but is scheduled for an AOS interview this Aug. So my question is that if his wife doesn’t go with him to the interview, will the INS consider that his wife is withdrawing the application and therefore NOT grant him the conditional Green Card, then send him back to China.
My friend entered the marriage in good faith and now a father of a newborn. It is so unfair to send him back to China and more importantly strip his parental rights simply because his US citizen wife wants to get ride of him after 18 months of marriage. Does anyone know whether he'll be able to stay here in the US?
Jul 22nd 2005, 10:44 am
#2
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Posts: n/a
Re: AOS interview for K1
I have no doubt that CIS examiner will take the position that because
his wife is no longer interested in sponsoring him for permanent
residency that his case cannot be approved. Nevertheless, I would argue
that under CIS regulations, a person who comes to the U.S. on a K-1
visa and marries the US citizen who petitioned for him within 90 days
is entitled to permanent residency even if his wife is no longer
interested in sponsoring him.
The argument is highly technical in nature, and not one which he is
likely to be able to effectively make himself without legal counsel. In
fact, most immigration attorneys are not aware of it.
The above comments are not legal advice nor create an attorney-client
relationship between the writer and the reader.
Send follow up questions to [email protected]. I do not check posts
for responses
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 248/928-0340
Office fax: 248/680-0627
his wife is no longer interested in sponsoring him for permanent
residency that his case cannot be approved. Nevertheless, I would argue
that under CIS regulations, a person who comes to the U.S. on a K-1
visa and marries the US citizen who petitioned for him within 90 days
is entitled to permanent residency even if his wife is no longer
interested in sponsoring him.
The argument is highly technical in nature, and not one which he is
likely to be able to effectively make himself without legal counsel. In
fact, most immigration attorneys are not aware of it.
The above comments are not legal advice nor create an attorney-client
relationship between the writer and the reader.
Send follow up questions to [email protected]. I do not check posts
for responses
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 248/928-0340
Office fax: 248/680-0627
Jul 22nd 2005, 11:55 am
#3
Account Closed
Joined: Mar 2004
Posts: 2
Re: AOS interview for K1
Originally Posted by Michael E. Piston
I have no doubt that CIS examiner will take the position that because
his wife is no longer interested in sponsoring him for permanent
residency that his case cannot be approved. Nevertheless, I would argue
that under CIS regulations, a person who comes to the U.S. on a K-1
visa and marries the US citizen who petitioned for him within 90 days
is entitled to permanent residency even if his wife is no longer
interested in sponsoring him.
The argument is highly technical in nature, and not one which he is
likely to be able to effectively make himself without legal counsel. In
fact, most immigration attorneys are not aware of it.
The above comments are not legal advice nor create an attorney-client
relationship between the writer and the reader.
Send follow up questions to [email protected]. I do not check posts
for responses
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 248/928-0340
Office fax: 248/680-0627
his wife is no longer interested in sponsoring him for permanent
residency that his case cannot be approved. Nevertheless, I would argue
that under CIS regulations, a person who comes to the U.S. on a K-1
visa and marries the US citizen who petitioned for him within 90 days
is entitled to permanent residency even if his wife is no longer
interested in sponsoring him.
The argument is highly technical in nature, and not one which he is
likely to be able to effectively make himself without legal counsel. In
fact, most immigration attorneys are not aware of it.
The above comments are not legal advice nor create an attorney-client
relationship between the writer and the reader.
Send follow up questions to [email protected]. I do not check posts
for responses
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 248/928-0340
Office fax: 248/680-0627
This was what the OP was told when he previously posted - "Dixon" and "Dawson"
