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Marriage not working. Have questions.

Marriage not working. Have questions.

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Old Feb 25th 2004, 2:10 pm
  #1  
Chris
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Default Marriage not working. Have questions.

My wife arrived here in april of 2003. We got married in July of 2003
here in the states.

She has just recieved her work permit, the adjustment of staus has not
been completed.

The marriage is failing. If she were to move to a different state,
which she is threating to do, what are my responsibilites in regards
to the affidavit of support I signed?

I have not filed for divorce yet because after 2 trips overseas,
paying for her to come here and then supporting her here while she has
not worked has been expensive. If I get a lawyer I will loose my house
due to the cost.

Any suggestions?
 
Old Feb 25th 2004, 3:01 pm
  #2  
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Default Re: Marriage not working. Have questions.

Can't say I know this for sure, but I would think you could get an enullment and withdraw the adjustment of status?



Originally posted by Chris
My wife arrived here in april of 2003. We got married in July of 2003
here in the states.

She has just recieved her work permit, the adjustment of staus has not
been completed.

The marriage is failing. If she were to move to a different state,
which she is threating to do, what are my responsibilites in regards
to the affidavit of support I signed?

I have not filed for divorce yet because after 2 trips overseas,
paying for her to come here and then supporting her here while she has
not worked has been expensive. If I get a lawyer I will loose my house
due to the cost.

Any suggestions?
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Old Feb 25th 2004, 3:41 pm
  #3  
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Default Re: Marriage not working. Have questions.

Chris,

With regard to the affidavit of support you still have your responsibilities according to the I-134, such as they are. If your wife has not yet adjusted status your I-864 is not yet in effect.

With regards to getting a lawyer, if you don't get one you may also loose your house. You're in a hole, like it or not. Do you want a ladder or don't you? Hunt around for what free or low-cost legal services might be available to you for consultation at least.

Regards, JEff

Originally posted by Chris
My wife arrived here in april of 2003. We got married in July of 2003
here in the states.

She has just recieved her work permit, the adjustment of staus has not
been completed.

The marriage is failing. If she were to move to a different state,
which she is threating to do, what are my responsibilites in regards
to the affidavit of support I signed?

I have not filed for divorce yet because after 2 trips overseas,
paying for her to come here and then supporting her here while she has
not worked has been expensive. If I get a lawyer I will loose my house
due to the cost.

Any suggestions?
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Old Feb 25th 2004, 3:57 pm
  #4  
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Default Re: Marriage not working. Have questions.

I think Affidavit of support has nothing to do with divorce … once ur petition is approved u have liability unless she becomes USC / leaves USA permanently or completes certain quarters of work hrs that probably will take abt 10 yrs … u r still liable even if u divorce her … but its pretty much with public charges …. So she cant just use you / your resources everywhere … Good luck…Pasha
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Old Feb 25th 2004, 9:00 pm
  #5  
Andrew Defaria
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Default Re: Marriage not working. Have questions.

JeffB wrote:

    > Can't say I know this for sure, but I would think you could get an
    > enullment and withdraw the adjustment of status?

Getting an annulment is state specific and very often not doable. Check
the laws of your state. The web is a great resource.

As for AOS, if you do not wish to support her and are headed for divorce
I would write a letter to the USCIS ASAP informing them that you wish to
withdraw.

Unless you plan on handling the divorce yourself getting a family
attorney is a real good idea and can actually end up saving your house.
You should also have a consultation with an immigration attorney to
understand the issues involved on that end. The initial consultation
free should not break your bank.
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Old Feb 25th 2004, 9:25 pm
  #6  
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Default Re: Marriage not working. Have questions.

Originally posted by Chris
My wife arrived here in april of 2003. We got married in July of 2003
here in the states.

She has just recieved her work permit, the adjustment of staus has not
been completed.

The marriage is failing. If she were to move to a different state,
which she is threating to do, what are my responsibilites in regards
to the affidavit of support I signed?

<<snip>>

Any suggestions?
The two of you haven't even been married a year. Is it possible that one of the reasons that your marriage is on the rocks is that your wife is having difficulties adjusting to life in the US as well as marriage itself.

Could the two of you consider seeking marriage counselling before going down the route of divorce?

I know nothing about your personal circumstances. Maybe you're both young? Maybe your wife doesn't like living in that particular location in the US (too urban, too hick, not enough culture, no Brits to talk to, etc.)? Not being able to work and find a job is definitely a reason to be stressed out/unhappy. All these could be contributing to why your marriage is under stress.

Just some thoughts...
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Old Feb 25th 2004, 10:04 pm
  #7  
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Default Re: Marriage not working. Have questions.

[QUOTE]Originally posted by Chris
My wife arrived here in april of 2003. We got married in July of 2003
here in the states.

She has just recieved her work permit, the adjustment of staus has not
been completed.

so at what stage AOS is ? Was there any interview done and just waiting for approval? Or still got a long way to go before interview comes? Fact is I-864 was submitted …. If interview is done and just waiting for approval and if its approved …. In that case nothing much can be done once there is approval … if there is no interview, still it can be withdrawn ….
---

With limited info people should look at each and every point and welcome all kinda views … who knows answer might get completed like that …. Each drop makes a whole sea ….
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Old Feb 25th 2004, 10:40 pm
  #8  
dave w
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Default Re: Marriage not working. Have questions.

It is my understanding that the I-134 has no legal teeth. I am not sure why they use the document if this is the case, but the book I have on the subject that is written by lawyers says that the I-134 is not legally enforceable.



Originally posted by Chris
My wife arrived here in april of 2003. We got married in July of 2003
here in the states.

She has just recieved her work permit, the adjustment of staus has not
been completed.

The marriage is failing. If she were to move to a different state,
which she is threating to do, what are my responsibilites in regards
to the affidavit of support I signed?

I have not filed for divorce yet because after 2 trips overseas,
paying for her to come here and then supporting her here while she has
not worked has been expensive. If I get a lawyer I will loose my house
due to the cost.

Any suggestions?
 
Old Feb 25th 2004, 11:12 pm
  #9  
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Default Re: Marriage not working. Have questions.

Sorry to hear that things are not going well for either of you. Being that you both got into this together you should stop making statements like, "paying for her to come here and then supporting her here while she has not worked has been expensive", makes it sound like you got a bad hooker on Pike Street. At one point there must have been at the very least the communication that was required to complete the process. Find that level of communication and try to come up with a resolution among the two of you. If you feel that she has been decieving you all this time and tricked you into marrying her for immigration reasons then notify your local USCIS office and stop the AOS process. Dave W is right that the I-134 hasn't the teeth of the I-864, but seek a consular, not a lawyer. You got married, that is a partnership... It's not all about you...

Scott
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Old Feb 26th 2004, 4:08 am
  #10  
Shussbar
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Default Re: Marriage not working. Have questions.

    >I have not filed for divorce yet because after 2 trips overseas,
    >paying for her to come here and then supporting her here while she has
    >not worked has been expensive

You can not with decency say that your wife is costing YOU money. After all you
guys married.
You sounds like to spend money on an object that does not work the way you want
and now you blame her for that.

I am sorry it does not work for you, but the money things is a cheap shot.
Sorry.
 
Old Feb 26th 2004, 5:06 am
  #11  
Andrew Defaria
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Default Re: Marriage not working. Have questions.

Shussbar wrote:

    >> I have not filed for divorce yet because after 2 trips overseas,
    >> paying for her to come here and then supporting her here while she
    >> has not worked has been expensive
    > You can not with decency say that your wife is costing YOU money.
    > After all you guys married. You sounds like to spend money on an
    > object that does not work the way you want and now you blame her for that.
    > I am sorry it does not work for you, but the money things is a cheap shot.

To ignore the fact that money was spent and/or an investment was made is
to ignore reality. What do you mean "after all you guys are married"?!?
Regardless if they are married or not money was indeed spent. An
investment was made. While married couples often share their income and
expenses it does not negate the fact that money is indeed being spent.
And when one side of the couple is putting in all the money and
incurring all the expenses IMHO he (or she) is more heavily invested.
This is not to totally discount emotional investment, the financial
investment in this case is assumed to be in addition to the emotional
investment. IOW one person is putting in both and emotional investment
and a financial investment and the other party is merely putting in the
emotional investment. All is not really fair in love and war.
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