K3 and Divorce

[sakurasama 0]

Can you trick her? You know, maybe, "Hey, baby, let's go visit SE Asia!" and then leave her there? Or maybe you can have or pretend to have a really blatant affair and make her want to leave. Ah, go get a vasectomy! Come home with all the proof from the doctor and then she might want to leave you. Um, I had better stop. my creative evil thinking is starting to scare me.

[diadromous mermaid 36]

Thanks -- and I agree that immigration problems are her problems and not mine. However, she said that she is not willing to leave the house even if she is out of status. Meaning, I will have an out-of-status alien living in my house. I cannot "force" her to leave as the local authorities consider this as her legal place of residence irrespective of her immigration status (I have checked). If I change locks while she is away, then I get attacked by the "battered women association" (can't think of the acronym for their organization) for abuse. The Family Law attorney who I spoke with advised me to move out of the state i.e. leave the house with the kids (as one of us has to leave the house for a divorce). Groan.

Surely there has to be another way out of this pickle.

I would forget about the Immigration aspects other than to write and withdraw the adjustment petition. Her Immigration issues are her problems.

But I would consult with a Family Lawyer, sounds like you have been through this once so know the basics.

She has an Immigration issue you do not, unless you carry forward with the adjustment.

It is situations like this one where I am concerned, and object to members rendering opinions that are over simplified. What concerns me is an alien enforcing the I-864, long after the parties have terminated the marriage. Clearly, she is not respecting the OP's wishes, being adamant in not cooperating with the divorce. I disagree with folks that say immigration is her concern. As long as the I-864 is in place, the petitioner is still and quite possibly forever entangled with this woman, and she has the means to extract money from him. He should be braced to support someone for whom he has no other legal association. Quite possibly this might very well be what she means when she says she'll get even.

Technically, the OP cannot withdraw the I-864, but if he informs USCIS that he would like to withdraw his endorsement/sponsorship of an AOS application in her behalf on the grounds that the marriage is not viable, and USCIS accepts his request, since she arrived on a K-3, and must therefore adjust status through the initial petitioner, her application would be denied, the I-864 would no longer be extant, and she'd be forced to either stay in the US unlawfully, or leave.

[Boiler 43,395]

First she would need to enforce the I-864, she would need to know it was possible, and then there is the issue that she has not adjusted, I am not aware of any case law that states that it is enforcable in the case of non adjustment.

Her K3 Status is good for 2 years from memory, some of which has elapsed, much more will do before such an action is decided.

I find it difficult to believe that if such an action would succeed it would also apply to someone out of status.

And anyway there is absolutely nothing he can do about it and the fiancial consequences are relatively minor compared to his other isues.

[looking4peace 0]

Folks,

After digging around on the net, I came up with the following from http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

(h) Withdrawal of an affidavit of support or Form I-864A. A person who has signed a Form I-864, I-864EZ or I-864A may withdraw the Form. If the person does so, USCIS will adjudicate the application for adjustment of status as if the withdrawn Form I-864, I-864A or I-864EZ had never been filed. In an adjustment of status case, a withdrawal of the Form I-864, I-864EZ or I-864A is not effective unless it is in writing and USCIS actually receives the withdrawal before the final decision on the adjustment application. In an immigrant visa case, once a consular officer has issued an immigrant visa, no Form I-864, I-864EZ or I-864A may be withdrawn unless the visa petitioner also withdraws the visa petition.

I also remember reading that once withdrawn, the withdrawal cannot be retracted (which obviously makes sense to preclude people from abusing this or using it as a threat against their spouse).

So, if I withdraw the petition, then this becomes a divorce case to be handled in the state where I reside. My state laws say that both parties have to agree to a divorce OR one has to prove that the other person is at fault. According to that one attorney who I spoke to, agreeing to NOT having kids and then changing your mind to have kids is a very weak case for divorce. A dead marriage is NOT grounds for a divorce (can't believe that we as a society actually passed this bill).

This is so frustrating and I really appreciate any thoughts that everyone is putting down (and I mean all of them).

Thanks.

First she would need to enforce the I-864, she would need to know it was possible, and then there is the issue that she has not adjusted, I am not aware of any case law that states that it is enforcable in the case of non adjustment.

Her K3 Status is good for 2 years from memory, some of which has elapsed, much more will do before such an action is decided.

I find it difficult to believe that if such an action would succeed it would also apply to someone out of status.

And anyway there is absolutely nothing he can do about it and the fiancial consequences are relatively minor compared to his other isues.

[tiberonsuave 0]

Hmmm...trick your wife into going out of the country. Then you don't have the support problem. BUT...you are still married!!! That might be very inconvienent and costly in the future, don't ya think?

t

Can you trick her? You know, maybe, "Hey, baby, let's go visit SE Asia!" and then leave her there? Or maybe you can have or pretend to have a really blatant affair and make her want to leave. Ah, go get a vasectomy! Come home with all the proof from the doctor and then she might want to leave you. Um, I had better stop. my creative evil thinking is starting to scare me.

[Boiler 43,395]

K3 is multiple entry.

[tiberonsuave 0]

I wasn't thinking of an inability to return for immigrations causes. Rather for financial causes or the lack of the desire on the part of the spouse. It just seems to me that this should be resolved here and now rather than in a decietful manner.

t

K3 is multiple entry.

[diadromous mermaid 36]

First she would need to enforce the I-864, she would need to know it was possible, and then there is the issue that she has not adjusted, I am not aware of any case law that states that it is enforcable in the case of non adjustment.

Her K3 Status is good for 2 years from memory, some of which has elapsed, much more will do before such an action is decided.

I find it difficult to believe that if such an action would succeed it would also apply to someone out of status.

And anyway there is absolutely nothing he can do about it and the fiancial consequences are relatively minor compared to his other isues.

Well this would be a civil action on her part, provided as you noted, that she is aware of her rights to take action. The matter of whether the I-864 would be binding prior to a successful adjustment I think a schooled advocat could opine that the USC is preventing her from a successful adjustment, by filing for divorce.

I find it difficult to believe that if such an action would succeed it would also apply to someone out of status.

The binding nature and enforceability of an I-864 obligation should have no bearing on status. The I-864, and consequently the liability assumed by the USC towards the alien in a subsequent civil action would have bearing on either of their mortality, the alien's permanent residence in the USA and his or her satisfaction of 40 quarters of work.

[looking4peace 0]

Hello everyone,

I do have some further information -- I spoke to an immigration attorney and according to her, when I withdraw the affidavit of support, her visa gets cancelled that very same day (dunno how much of that is true, but she seemed to know what she was talking about). SHe recommended that I get an appointment with an immigration officer in the local office and explain the situation and seek advice over there. I have an appointment this week (used infopass) -- let's see what happens.

The wife is now saying that if I help get her a green card, then she will let me live my life in peace because "she cannot go back". Sure, just add immigration fraud on top of the pile of issues.

Very frustrating..

Thanks.

First she would need to enforce the I-864, she would need to know it was possible, and then there is the issue that she has not adjusted, I am not aware of any case law that states that it is enforcable in the case of non adjustment.

Her K3 Status is good for 2 years from memory, some of which has elapsed, much more will do before such an action is decided.

I find it difficult to believe that if such an action would succeed it would also apply to someone out of status.

And anyway there is absolutely nothing he can do about it and the fiancial consequences are relatively minor compared to his other isues.

Well this would be a civil action on her part, provided as you noted, that she is aware of her rights to take action. The matter of whether the I-864 would be binding prior to a successful adjustment I think a schooled advocat could opine that the USC is preventing her from a successful adjustment, by filing for divorce.

I find it difficult to believe that if such an action would succeed it would also apply to someone out of status.

The binding nature and enforceability of an I-864 obligation should have no bearing on status. The I-864, and consequently the liability assumed by the USC towards the alien in a subsequent civil action would have bearing on either of their mortality, the alien's permanent residence in the USA and his or her satisfaction of 40 quarters of work.

[Killer_Clown_2009 0]

Sounds like you are on the right track. Can you get any sort of protection or restraining order and have her removed from the house? Maybe she will go ballistic when you do cancel the petition.

[Boiler 43,395]

Hello everyone,

I do have some further information -- I spoke to an immigration attorney and according to her, when I withdraw the affidavit of support, her visa gets cancelled that very same day (dunno how much of that is true, but she seemed to know what she was talking about). SHe recommended that I get an appointment with an immigration officer in the local office and explain the situation and seek advice over there. I have an appointment this week (used infopass) -- let's see what happens.

The wife is now saying that if I help get her a green card, then she will let me live my life in peace because "she cannot go back". Sure, just add immigration fraud on top of the pile of issues.

Very frustrating..

Thanks.

You need another lawyer, try one of these:

Houston, Texas

http://www.visacentral.net/

Office address and phone:

The Law Office of Laurel Scott

11200 Westheimer, Suite 900

Houston, TX 77042

713-243-8795 (please pay consultation fee before calling)

713-243-8794 (fax)

I am an attorney specializing in the I-601 Waiver of Ground of Excludability. The I-601 Waiver is most commonly required if the alien has committed immigration fraud, has a criminal record, or has been unlawfully present in the United States for more than 180 days and is now outside the US. The waiver is available for the fiance(e) of a citizen, the spouse of a citizen or permanent resident, and for the child of a citizen or permanent resident.

The chat room is up and running. You may use the chat room at any time. The attorney-attended chats are every Wednesday at 11:00 am Central Time.

Pasadena, California

http://www.humanrightsattorney.com/i...16DB301B0 B93

HEATHER L. POOLE, PC, 2555 East Colorado Boulevard, Suite 203, Pasadena, CA 91107

Telephone: (Toll Free) 1.877.HUMAN-RTS (486-2678) or 626.432.4550;

Heather L. Poole is passionate about protecting the human rights of immigrants. She has obtained immigrant visa approvals and green cards for spouses, relatives, designers, editors, and managers as well as nonimmigrant visas for professionals, fiancés, and visitors. She has also taken on and won numerous abused spouse immigrant cases that other attorneys have refused to take on, and gained permanent residency for her clients.

We are often able to aid even those with seemingly unwinnable cases or in extremely difficult circumstances. We also focus our efforts in obtaining green cards and citizenship relief for immigrant survivors of domestic violence and crime.

Seattle, Washington

http://www.seattle-immigration.com/

Law Offices of Carol L. Edward & Associates, P.S.

SEATTLE OFFICE

500 Denny Way

Seattle, WA 98109

Toll free: (866) 522-6222

Phone: (206) 956-9556

Fax: (206) 956-4025

email: contact.us@seattle-immigration.com

Hours: 8:30 a.m. to 5 p.m. Monday - Friday, except holidays.

MT. VERNON OFFICE

720 Main Street

Suite 201

Mt. Vernon, WA 98273

Hours: By Appointment only

Languages: services in English, Spanish, Romanian, Mandarin Chinese. They can accommodate other languages as requested.

Areas: They serve clients from around the world intending to relocate to the Pacific Northwest. (WA, OR, ID)

Immigration lawyers recommended by Laurel Scott:

Ok, I'm going to give a starter list. I'm only listing attorneys that I've had personal interaction with or whose work I've had an opportunity to review or observe and who I'm convinced are competent and experienced. I'm not just going by reputation or social relationships. Not all of my attorney friends are on this list and not everyone that I think might be good is on this list. For example, I didn't list Carl Shusterman even though he has a fabulous reputation. I simply haven't seen his work or interacted with him professionally. I'm also sure I've left people off. I will add as I remember.

I've put a "*" next to attorneys who have advised me on a case or taught me something I didn't know.

SOUTHEAST

Ira Kurzban*

www.kkwtlaw.com

Miami

Known for: The immigration law reference book he authors. High profile cases, such as former Head of State fleeing revolution and seeking asylum in the US.

Notes: Widely considered one of the most knowledgeable immigration attorneys in the country.

John Pratt

www.kkwtlaw.com

Miami

Known for: Immigration court, including in-court I-601 filing

Notes: Participated in the I-601 panel with me at the AILA Conference

NORTHEAST

Joe Hohenstein*

www.orlow.com

Philadelphia

Known for: Writ of Mandamus. Cases involving flimsy accusation of terrorist connections based on Secret Evidence. Asylum.

Notes: This is my Clinical Instructor from law school.

Jim Orlow

www.orlow.com

Philadelphia

Known for: Difficult and interesting cases.

Matt Kolken*

http://www.sackskolken.com/

Buffalo, NY

Known for: All areas of immigration law, including Habeas Corpus

Elizabeth Kirberger

http://www.immigration-lawyer.com/front.htm

New York City, NY

Known for: Extraordiary ability, business executives

Eric Schultz

http://www.hiscockbarclay.com/home/

Buffalo, NY

Known for: Immigration court/ deportation defense

MIDDLE OF THE COUNTRY

David Simmons*

http://www.davidnsimmons.com/

Denver, CO

Known for: In-country administrative I-601

Notes: Participated in the I-601 panel with me at the AILA Conference

TEXAS

Norma Ayoub*

http://www.ayoublaw.com/

Houston

Known for: Middle Eastern family-based cases. Experience with foreign-filed I-601s.

Nancy Falgout*

713-520-1618

Houston

Known for: Immigration court/ deportation defense

Jackson Chaney*

http://www.lawyers.com/chaneylane/

Irving, TX (near Dallas?)

Known for: Broad knowledge base.

OUT WEST

Heather Poole

http://www.humanrightsattorney.com/

Pasadena, CA

Known for: Family immigration. Experience with foreign-filed I-601.

[desert_fox 32]

You dont need any of these hgh priced immigration attorneys...you need a local family attorney to file for divorce. You do not need her permission to get divorced, just check the appropriate box on the complaint for the reason....no witnesses or proof required...just your statement in court.

[looking4peace 0]

Apologies for not clarifying earlier -- I am in Mississippi where the divorce laws are quite different (you do need both parties to agree otherwise one person has to prove that the person is at fault). A dead marriage is not grounds enough for a divorce and the judge throws the case out. Since she did not enter the marriage in good faith, I am going to have to go the immigration fraud way. I would have preferred to go a less hostile way (of an amicable divorce) but she is not willing for a divorce.

<sigh>

You dont need any of these hgh priced immigration attorneys...you need a local family attorney to file for divorce. You do not need her permission to get divorced, just check the appropriate box on the complaint for the reason....no witnesses or proof required...just your statement in court.

[desert_fox 32]

Here is a simple GOOGLE of Miss Divorce Law

...............................................

Grounds for Divorce: Mississippi

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

Grounds for Filing: The Bill of Complaint for Divorce must declare the appropriate Mississippi grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

A divorce will be granted by the court for the following grounds:

No-Fault:

(1) Irreconcilable Differences

Fault:

(1) Impotence

(2) Adultery

(3) Incarceration

(4) Alcohol or drugs abuse

(5) Insanity for up to three years

(6) Wife being pregnant by another without spouse knowing it

(7) Willful desertion for at least one year

(8) Cruel and inhuman treatment

(9) Spouse lacking mental capacity to consent to divorce

(10) incest

(Mississippi Code - Section 93 - Chapters: 5-1, 5-2, 5-7)

[payxibka 10,044]

If the spouse is here on a K-3 and AOS has not been adjudicated there should be no I-864 yet in play.....right? So any discussion on I-864 enforecement might be a bit premature....