What will be the outcome, a very Important question
#16
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Originally Posted by bionomique
He said the I-130 was approved, and he was to attend an interview, which means they submitted the I-864 with the I-485, right?
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#17
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Originally Posted by Hypertweeky
yeah but he didn't go to the interview, I don't know if that changes anything..
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#18
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Originally Posted by bionomique
I'd think that his signature on the I-864 is the binding element, not his attendance. If she used the battered spouse petition it could mean that his attendance wouldn't matter anyway.
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#19
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Originally Posted by bionomique
I'd think that his signature on the I-864 is the binding element, not his attendance. If she used the battered spouse petition it could mean that his attendance wouldn't matter anyway.
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#20
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Originally Posted by Noorah101
If you're just curious about it, then yes...it's highly possible she'll get her green card. And you are still responsible for the I-864 Affidavit of Support for her until she meets the requirements of NOT having you as the sponsor any longer. Divorce did not end your obligations associated with the I-864.
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#21
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Originally Posted by bionomique
I'd think that his signature on the I-864 is the binding element, not his attendance. If she used the battered spouse petition it could mean that his attendance wouldn't matter anyway.
I don't believe that is correct bio. There was no AOS interview ... see my prior post.
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#22
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Originally Posted by Pavlysha
After everything was settle, I sat down to wait for my restraining order inside the court while she observed me counting over 20 grants I had in my pocket, wearing a 5000 grand diamond ring that I just bought a couple days before, mad as hell because she had to wait 2 months for her money, in fact she pointed that out to her lawyer but was nothing she could do about it any more, everything was final and in the record.
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Originally Posted by Pavlysha
......I was not able to pull the I-130 since it was already approved.
....on the mean time she still going forward trying to get her AOS
.....the divorce mill had promised her to get a GC in 3 months)
.....I also never went to the (INS) interview with her when it was schedule
....my lawyer advised me to sponsor her to avoid more problems, but I never gave up and I fought to the end by going to trial.
.....I have also insisted to BCIS to cancel her k3 status over 4 months ago
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#24
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Originally Posted by bionomique
Pavlysha's post is confusing as to the disposition of AOS. He said the I-130 was approved, she was moving forward with AOS, the "mill" promised a GC in 3-6 months, he did not attend the USCIS intervew (which I presume must have been the AOS interview), his attorney recommended he sponsor her and so I presumed his wife went to the interview alone.
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Originally Posted by sunflwrgrl13
Well, remember that an approved I-130 means nothing. She would still have to go through AOS here or return to Russia for an immigrant visa. So I don't know if he had to fill out either an I-864 or I-134 for an I-130, but I don't think those could be legally binding (just like the I-134 for an I-129f petition is not legally binding). And since he did not attend an AOS interview (if I understood that correctly from his post) I don't think he could be held to the I-130 Aff. of Support.
I'll agree that Pavlysha did not provide enough details for us to know, but IF he did sign an I-864, how would that not be binding just by not attending an interview? The I-864 is still binding after divorce, so why would it be any less binding if a US citizen chooses not to attend an interview? Though both may be statements that the US citizen no longer has an intention to continue to be enjoined, I can't see why that would matter with regard to the obligation he has made for her with the government.
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#26
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Originally Posted by bionomique
Pavlysha's post is confusing as to the disposition of AOS. He said the I-130 was approved, she was moving forward with AOS, the "mill" promised a GC in 3-6 months, he did not attend the USCIS intervew (which I presume must have been the AOS interview), his attorney recommended he sponsor her and so I presumed his wife went to the interview alone.
Under the VAWA that is about the timeline for an abused spouse to get a GC. VSC is suppose to decide on the I-360 within 90 days. From there the abused spouse self-petitions (without an I-864) and approval or denial is suppose to again be 90 days.
An approved I-130 with a K-3 means that the K-3 receipt is now able to file an I-485. There is no interview for the I-130 but there is one for the I-485. If she filed while still married to him and he did not attend the interview, then the petition was denied. With a denial there is no I-864 to be enforced.
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#27
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Originally Posted by Rete
Under the VAWA that is about the timeline for an abused spouse to get a GC. VSC is suppose to decide on the I-360 within 90 days. From there the abused spouse self-petitions (without an I-864) and approval or denial is suppose to again be 90 days.
An approved I-130 with a K-3 means that the K-3 receipt is now able to file an I-485. There is no interview for the I-130 but there is one for the I-485. If she filed while still married to him and he did not attend the interview, then the petition was denied. With a denial there is no I-864 to be enforced.
An approved I-130 with a K-3 means that the K-3 receipt is now able to file an I-485. There is no interview for the I-130 but there is one for the I-485. If she filed while still married to him and he did not attend the interview, then the petition was denied. With a denial there is no I-864 to be enforced.
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#28
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Originally Posted by bridgecross
Wow, a $5 million diamond ring! That I gotta see! Personally I think the only tragedy was the loss of your lop top.
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#29
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Originally Posted by Hypertweeky
500,000 $ not 5 million![EEK!](https://britishexpats.com/forum/images/smilies/eek.gif)
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I find this guy's posts to be rambling and full of vindictive invective. If he's really flashing diamonds and counting "20 grants" of money in the courtroom just to make his ex-wife mad, that's fairly juvenile, and to brag about it on a posting board is doubly so. And really, "payback is a bitch"? Who talks like that? Add in the grammatical butchery and I just can't make a serious reply.
(vindictive invective. I have to remember that)
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#30
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Originally Posted by Rete
An approved I-130 with a K-3 means that the K-3 receipt is now able to file an I-485. There is no interview for the I-130 but there is one for the I-485. If she filed while still married to him and he did not attend the interview, then the petition was denied. With a denial there is no I-864 to be enforced.
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