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  • Divorcing in a month, now what?

    My brother entered the US legally, and had fun for 6 month, he then decided he liked it so much that he extended his stay for another 6 month with the help of a lawyer.

    In those 6 month he found love, and they got happily married. They filed for a work visa and he got it for 1 year + a social security number.

    Recently the wife's family (She's around 19 years old) warned her that if she does not divorce him there will be trouble, on the grounds that he is Jewish, and she is christian. My brother never asked her to convert, but that is another issue completely. They simply don't like my brother because he's Jewish. Fearing trouble, his wife ran away, and they missed a scheduled checkup meeting with INS. Now my brother is really worried - He really likes Texas, and wants to stay. He is holding a senior position in a major cellular company in Texas, and would hate to leave. My sister also lives in Texas, by the way.

    So the question is: Now what? Should my sister file for an I-130 for family unity? Is there something my brother can do instead of the I-130? He has sent a query to INS to find out his status now that his is no longer living with his wife, and he was informed that if he is asked to leave, he will have to leave within 30 days of notice. He has not yet received such notice, but he is quite worried about the whole situation.

    Thanks in advance!

    Skaag

  • #2
    My brother entered the US legally, and had fun for 6 month, he then decided he liked it so much that he extended his stay for another 6 month with the help of a lawyer.

    In those 6 month he found love, and they got happily married. They filed for a work visa and he got it for 1 year + a social security number.

    Recently the wife's family (She's around 19 years old) warned her that if she does not divorce him there will be trouble, on the grounds that he is Jewish, and she is christian. My brother never asked her to convert, but that is another issue completely. They simply don't like my brother because he's Jewish. Fearing trouble, his wife ran away, and they missed a scheduled checkup meeting with INS. Now my brother is really worried - He really likes Texas, and wants to stay. He is holding a senior position in a major cellular company in Texas, and would hate to leave. My sister also lives in Texas, by the way.

    So the question is: Now what? Should my sister file for an I-130 for family unity? Is there something my brother can do instead of the I-130? He has sent a query to INS to find out his status now that his is no longer living with his wife, and he was informed that if he is asked to leave, he will have to leave within 30 days of notice. He has not yet received such notice, but he is quite worried about the whole situation.

    Thanks in advance!

    Skaag

    Comment


    • #3
      if the AOS process is not completed and he doesnt have green card, he cant do much at this stage. if he had conditional green card good for 2 yrs then things would have been different. now advices...remember i m not a lawyer...

      1. Request his wife to support him until he gets the conditional green card.

      2. divorce her, go back to home country and get it over with this marriage. find someone else and do the same AOS process.

      3. no ur sister cant file for him while him staying in USA. for family petition there are preferences and date of current visa availability.

      good luck...Pasha

      Comment


      • #4
        It's unbeleivable how active this forum is!

        Pasha, thank you very much for the advice. I guess option 2 is the best and simplest way to go then.

        Again thanks!!

        Skaag

        Comment


        • #5
          Pash Patel,

          You make it sound so easy...
          "Find someone else and do the same AOS process"

          If there was any incident of abuse there's always VAWA, too!
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            Hi sappyconifer,

            I m well aware of VAWA act. If you read the OP's post carefully she is asking advice for "HER BROTHER"...

            VAWA = Violation against Women act . its for PROTECTIONS FOR BATTERED IMMIGRANT WOMEN AND CHILDREN.
            In this case it doesn't apply. Please read subtitle G for further information on VAWA.
            http://www.ojp.usdoj.gov/vawo/laws/vawa/stitle_g.htm

            have a great day...Pasha

            Comment


            • #7
              You can't be serious!

              Q. Can a man file a self-petition under the Violence Against Women Act?
              A. Although the self-petitioning provisions for victims of domestic violence are contained in the Violence Against Women Act, they apply equally to victims of either s-e-x.
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment


              • #8
                No. I m not kidding... though anyone can file for VAWA but statastical rate is what matters the most...moreover there is no abuse mentioned in OP's posts. It's even harder to prove when u go for vawa insted of I 751 waiver... specially when a man files on this grounds u need to have lot of proofs for example police record, hospital, expert's opinion and other things...

                http://www.crescentlife.com/psychiss...aratepower.htm

                take care...Pasha

                Comment


                • #9
                  Your post is very misleading and that's the point I'm trying to make. VAWA is not just for women and children and the comment that "it does not apply" would lead someone to believe that a male is not permitted to seek relief under this Act. Simply untrue. We are not speaking of success rate, either, although the statistics may show more success for women, but that alone may be because the majority of cases are filed by women.

                  I realize that the OP did not mention abuse, but the absurdity of your recommendation to "go back and find someone else and try AOS again" precipitated my recommendation that if contemplating the absurd, at least try one which falls within the realm of law.
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment


                  • #10
                    Absurdity of recommendation ? may be for you but for OP it's the practical advice. Why hang on something that's not practical or there is a risk involved ? His wife ran off and he missed the appointment with USCIS, what makes you think he will go through whole AOS process?

                    It's better to find the real love and do AOS again and lot of people have done and succeeded. May be lot of people dont like if someone gives straight forward advice and it hits right on the nerve I have seen it lot of times before but yeah this is one of the route to be in USA legally...no one can deny that...take care...Pasha

                    PS. and remember I m not a lawyer...its just one of the advices you get on public forum

                    Comment


                    • #11
                      The way you phrased your first recommendation, suggested that if he wished to be in the USA, he should simply find someone esle and do AOS again. Which on the face sounds absurd and bordering on illegal. Ok, perhaps it has to do with your choice of words.
                      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                      Comment


                      • #12
                        Dear sappyconifer,

                        You once again fail to read it carefully... there is nothing absurd or bordering on illegal... read my words carefully...

                        "divorce her, go back to home country and get it over with this marriage. find someone else and do the same AOS process."

                        Put some weight on "GO BACK TO HOME COUNTRY"... absurd could be for you but as I said before no one can deny the fact that advice given here is useful to OP's brother.... of course he should find someone else real love and life partner and do AOS... I dont see nothing wrong in it... just coz first marriage failed so he has no right to find someone from USA again? h e c k no !!! As I said before when someone gives straight advice it hits right on the nerve for lot of people...well cant help with that.... sorry... have a great evening...Pasha

                        Comment


                        • #13
                          I conceded in the former post, but OK I'm game.

                          No, your advice doesn't hit a nerve in me at all, but the way it is phrased it does have a certain undertone that condones selecting a person in a particular geographic region. That could suggest serving an ulterior motive. Yes, he should move on and of course he's entitled to a new partner. Going back home to begin to search for a potential wife in the USA, with an eye to repeating AOS, somehow places principal emphasis on the USA rather than on love.

                          I'm sure you mean well. Maybe we should just chalk it up to a difference of opinion. Have a great evening.
                          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                          Comment


                          • #14
                            Hi sappyconider...

                            yeah it could be difference of opinion and after all who we are to judge someone's ulterior motive... If someone wants to find a life partner from USA doesnt emphasize anything on perticular geographic region... but its okay...OP took the useful advice...there is no use of arguments here...

                            afterall Michael only wants to find 16-21 yrs old girls from perticular geographic region "Russia" ...likewise someone can wish to find the same from USA... ...just kidding...have a great day...Pasha

                            Comment

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