Recently my wife was granted the K3 visa (we are married). She made it to the USA but is now re-considering her role as my wife having been befriended by several people that have told her there would be no consiquence to her being on her own.

What will happen to her is I say ok, and let her run wild throughout the US?
I am told that if she is not married to me she has to go back to her country, she has only been here for 4 weeks.
I have been told that sponsorship is not transferable is this true? if I file divorse will she be deported?
I have been told they will check to see if we are living under the same roof, if shes not there her visa will be revoked..??
Does anyone know the answers to these questions? Does anyone know what the "True" consequences are for this type of behaviour?
Can someone please let me know the consequences of her actions if she decides to take this route..
Thank you.
Bucur

I am very sorry that your wife is doing this to you. I believe if you divorce her she will be deprted yes...

There are so many loopholes for her to use now and stay in this country. I dont see any serious consequences for her to face.

(My answers to your questions are in red, above)

I'm sorry for your heartbreak. Perhaps there is still hope and the situation can be patched up?If so, do all things possible to attain that....but if not, look into the procedures to a divorce and hard as it may be, go that route.

Take care,
-P

I called and spoke to USCIS and asked some general questions about this, not giving names or case numbers of course. There reply was very simple "She has broken the K3 Agreement and is now subject to deportation" That was the end of the conversation, I know they are the brick wall response team so no worries there.
I have a friend from Russia she was the one that told me that they check. She said people come to check all the time on the validity of her marriage, they see if pitures are there, if clothing from both are there etc. she has already had two friends deported becasue they could not show there marriage to be true.
Outside of that if her status is revoked im also assuming she would be living like an illegal immigrant yes? Thus not able to apply for an identification card, licence, job, doctor visit, etc. that her name will be flagged... and once caught and sent back she will be denied any visa in the future...
I on the other hand dont want this, I love my wife alot and want to mend this but I am not able to get ahold of her etc.
regards,
Bucur

Honnestly, i would divorce her and let her go on her own if it's what she wants...
then let her facing the consequences but be careful of any affidavit of support that would tie you to her.
This is obviously not a honnest person.

And i would be you, i would not file for anything else in terms of AOS etc.

Divorce her and lie to her and tell her that she has to leave. What the hell? She used you to get here. And right now, you're responsible for her financially. It seems to me to be in your best interest to have her booted.

ah let her go, 4 weeks and you spent less money than gov spitzer

i'm so sorry this is happening to you.
you sound so sweet and sincere.
i hope whatever you choose, it works out for the best for you!

hz

I'm very sorry to hear about your situation. If you have not already filed for Adjustment of Status, then please do not. Part of the I-864, the affidavit of support, is that divorce does not absolve your financial obligations to your spouse. You will still be financially obligated to support your wife, even in the case of a divorce.

As to whether or not she can stay? I don't know. It seems like such a short time between arrival in the US and breakup of marriage that she really can't argue good faith on her behalf. I've heard of some cases here on VJ where the couple is considering a divorce before or right near the time of their interview. And, some can argue, that even if divorce occurs-because each party tried to make the marriage work the intending immigrant should be allowed to stay.

Good luck.

The K-3 visa is good for two years or until the person is not eligible for the visa. If you file for divorce and it is granted (could be a while depending on your state), she will fall out of status. But she's here legally now, and unless something happens to change that, she can't be deported based merely on your say-so that the marriage is in trouble. (It's not that she couldn't be deported, it's just that it's not going to be necessarily an easier or quicker solution than a divorce.)

K-3 is multiple entry, too. She can't adjust status except based off of her marriage to you.

Whether she is deported after that depends on ICE and whether they pursue it. You can let them know of your concerns, especially if you think she didn't enter into the marriage in good faith.

Whatever you do, if you have not done so yet, do not file for AOS or sign the affidavit of support. Let her go and wither on the vine, she is on her own and you are in no way financially or legally responsible for her well being anymore. Let her just find out how it is, since she sounds like she planned this whole thing in advance based on what you say, she was coached into all this, sorry just a reality when you take the chance of marrying a foreigner that is not from the USA, she will be eventually deported for she will have to go back to her country if she does not get her AOS approved(and she will have to prove that or file for it on her own - good luck to that, it is not that easy), which you will not be responsible for since you are not going to be married anymore, based on what you say. Sad what has happened, but you will be glad and better off when you get through this and look back 3-6 months from now and realize you could have been on the hook for much more if you had stayed married and made the mistake of signing an affidavit of support while filing for AOS. Good luck, stay strong.

To comment on some things zqt3344 said. Every marriage is a risk, regardless of where two people are from. As we see here on VJ-Yes, there are instances where there is not a happy ending. It seems, unfortunately, that this is the case for the OP. However I'm sure, as many VJ'ers can also attest to, that many more people are happy to have found their partners regardless of where they were born!

There is so much stress with visa issues and adjusting to a new country and a new life (for both the US citizen and a foreign-born spouse) that we, as a community, are obligated to stand with one another and support each other as best we can. Sometimes forceful language is called for on these forums. But I feel that it is unnecessary most of the time. Especially since we are all strangers and writing things on forums can be so easily misinterpreted and we are all stressed or anxious about events in our personal lives. So, it may not be a good idea to write broad judgmental statement such as "just a reality when you take the chance of marrying a foreigner that is not from the USA".

I know it's hard, but after everything you have been through, and filing the K-3, etc.,etc.,etc., I would be FURIOUS!!
You know what? If you have a hard time feeling anger.............just borrow someone else's ego...............
pretend that this happened to someone in your family that you really love...............How would you feel if it happened to them? If you would be angry, then that is how you should be feeling for yourself...........
From what you said, you don't even know where she is now? Why would you want to stay married to someone
that is that inconsiderate of your feelings and disappears? And this is the time when you are suppose to really be in love after waiting for the K-3 visa.............sounds like an awful way to start and it isn't going anywhere..........move on now and grieve................go through the 5 stages of grief........bargaining, denial,depression, anger and acceptance.
Life is EXTREMELY short and not worth another person destroying your road to happiness.

she is here legally until her i-94 expires which is usually around the same time as the visa and then she will be out of status. be careful she might try to get back with u just to get her greencard and then really leave forever. u will be responsible financially for her for 10 years once u sign the affidavit of support.

It is what it is, and it is a chance a USA citizen takes, put yourself in their shoes and walk a mile for a change.

That depends on which state she goes to, and I'm sure she'll wind up somewhere where it is easy to be an illegal immigrant. The vast majority of illegal immigrants (visa overstays included) are never caught. My husband was a 4.5 year visa overstay, appeared in court for a bar fight, and had multiple traffic violations and ICE never knocked on his door. The best you can do is move on, anything that happens to her if she leaves is on her, and hoping for deportation as retribution will just make your life hell. I've seen many examples of illegal immigrants reported to ICE, and they never get deported.

four weeks and she's talking like this, divorce her and let her go home. on a K-3 she can't even work legally I know you love her and it's hard to let go, but fours weeks is no time to be talking about, I might not want to be with you.

Absolutely, under no circumstances, file for Adjustment Of Status (AOS)! This will likely bind you legally to support her after divorce, if she chooses to sue you for support. Still a hot topic with much controversy, but the verbiage in the I-864 helps make it possible for the immigrant to sue for support. Until the AOS is approved, the I-864 can be revoked.

And don't file for the Employment Authorization Document (EAD) either. This will let her get a Social Security Card.

IANAL: Please consult a knowledgeable immigration attorney about this.

Well Said Lynn! Right on!




And get a prenup which includes her waiving her rights to any and all rights to I864 or any and all other alimony or maintenance! It works.

yes, a pre-nup for someone who's already married is great advice...

I am sorry to hear about this. That's one of the big reasons that immigrat to the states is so difficult. And I hate this, it makes the real marriage like me and my husband so hard to be together... But same stories I heard around here in China too. Some people make use to marriage and get to the states, and then they leave. Some of them hide in relatives' and some in friends'. U.S. Government could do nothing with that and that's how the illegal immigrats live in the states too. So I think you if you want her to be deported, take actions before her...

Good Luck!!!

My sympathies on this. I can't imagine going through this long process to then have to hear she's leaving. As a woman I think what she did is horrid, and she makes us women look bad. I met my husband 7 yrs ago and we've been married 5 1/2 yrs. We have two adorable, albeit LOUD children together and are still awaiting US immigration approval. Makes me shake my head it's been so long. But I know one thing. I don't care what country I came from, I could not knowingly deceive someone to be able to live in a certain country. That's so dishonest on so many levels, I don't know where to begin. The one positive in this is that at least you found out the truth fairly quickly so you can start to heal and move on. As for her, don't be surprised if she decides to come back to you or gain your favour again once she realizes she's in trouble. Women love to play the 'oh poor me, I'm in trouble and need help card' so well. Don't let her walk over you with any potential further bs. And it is bs. Anyone who truly loves their spouse wouldn't dare do what she did. I adore my hubby and he's my world and I'm his. Real love also equals respect, something your wife lacks and for that I'm sorry, but it's not your fault, it's hers.

/hugs

dear dear me....maybe zqt was referring to the aft-nup?