K1 Visa Breakup

[suddenyellow 0]

Hi,

I searched and searched for a similar topic before posting a new one. Hopefully this is in the right place.

My wife came over from the Philippines on a fiance visa, we were married soon after. The relationship was good but we had some big problems we could not resolve. She has left the house. This was not at all a scam marriage, it was a loving relationship. We have taken a break and I'd like her to go home so we can have some time to think. She feels very hurt and I think is worried that if we are not together she will have to leave the country. She does not want to leave the country and I don't blame her, but I don't believe she can stay without her being with me (not sure about this?) We never had any shouting matches or big arguments, just silent type arguments where we were both upset and crying.

I'd like to know a couple things. First of all, can she potentially stay in the country if were are separated? I guess I wouldn't mind if she did, although I think it would be better for her and for me if she went home. I don't really want to force her to go home or to play hardball. She is a good person and she is hurt right now. Secondly, what are my obligations? I have signed the I-864. If we are divorced or separated permanently, I don't want to have to pay for her to stay here. I don't have anywhere near enough money to pay her way here.

Some additional info. We had applied for the Adjustment of Status and she was called in for some kind of initial interview (one where I was not needed). She received her work permit and has a SSN and had started working. However, she definitely does not have a green card and I believe there may have been another interview coming up where I would be asked to attend? (I'm sorry I should know more about the process but we were just kind of taking things step by step when it all went wrong)

I'd also like to repeat this was in no way a scam marriage on either side. We are in love but just not very compatible. If anyone can tell me the path forward for K1 Visa people who are separated, that would be helpful to me. I do not want to be responsible for her if she stayed here. I want to be as helpful as I can to her no matter what happens but I want to make sure I am in compliance with what I am supposed to do in the eyes of the US government.

It is very sad that it has come to this. I have found that K1 Visa marriages are very hard. In a regular relationship, you get to date and test things and try things out. In this kind of marriage, you take this enormous leap of faith that you'll get all that right and you hope and pray. In our case, the love was there but when we made that leap it did not turn out right. My respect goes out to all who have made it work.

Thanks!

[Butterfly307 77]

Why don't you just divorce her and send her back home? She hasn't got her green card yet. The interview before green card is waived in some cases so there is a chance that you two wouldn't have to attend any interview and she could get her green card with no hassles. AOS from K1 is for couples that are actually in love, if you helped her to stay in the country while you two are being separated and lie to the immigration about your marriage, it would definitely be an immigration fraud.

[Ontarkie 13,883]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from K1 Process and Procedures~~

[Darnell 8,478]

from a legal standpoint -

the I-864 is not in force until the green card is issued.

You could withdraw your affadavit of support, I-864, with USCIS and the green card would not be issued.

[Marco&Bettina 502]

from a legal standpoint -

the I-864 is not in force until the green card is issued.

You could withdraw your affadavit of support, I-864, with USCIS and the green card would not be issued.

She can claim VAWA, can't she, even though OP says there was no such behavior? I think some people do this anyway.

[suddenyellow 0]

Sorry I don't know what a VAWA is? Is it true that the I-864 not in effect is there is no green card? I was told by a lawyer on JustAnswers that it is in force, even after a divorce and that I could pay as much as 20K per year.

[Merrytooth 5,748]

VAWA - Violence Against Women Act

Meaning your wife could claim domestic violence, suffering extreme cruelty inflicted by the US spouse.

[suddenyellow 0]

Oh I see...no, I don't think we even ever had a yelling argument. We had a loving relationship. I don't think she would ever try to claim that but if she did, like there is nothing that could be presented...I have ongoing chat sessions all through our relationship to the last day which show a loving relationship.

[alebrije 15]

I'd like to know a couple things. First of all, can she potentially stay in the country if were are separated? Legally, she would be able to stay even if you divorce AFTER adjusting her status. To complete her Adjustment of Status (AOS) process while knowing that the marriage is not going to work, is considered fraud. The AOS should be withdrawn immediately, she would automatically fall out of status and should leave the country.

I guess I wouldn't mind if she did, although I think it would be better for her and for me if she went home. I don't really want to force her to go home or to play hardball. She is a good person and she is hurt right now. Secondly, what are my obligations? I have signed the I-864. If we are divorced or separated permanently, I don't want to have to pay for her to stay here. I don't have anywhere near enough money to pay her way here. The I-864 will be in effect as soon as she gets her green card, so there might still be time to withdraw it before her case gets accepted. If you separate or divorce, it will not affect your I-864 contract to support her financially for the next 10 yrs. I hear that this is basically only enforced when the immigrant obtains any government benefits (that would have to be repaid by you), but have heard about cases in which they have to be financially responsible for their ex-partner.

Some additional info. We had applied for the Adjustment of Status and she was called in for some kind of initial interview (one where I was not needed). She received her work permit and has a SSN and had started working. However, she definitely does not have a green card and I believe there may have been another interview coming up where I would be asked to attend? (I'm sorry I should know more about the process but we were just kind of taking things step by step when it all went wrong) Could you be more specific about the dates and fill out your timeline so we can better assess your options. There is a chance that your final interview will be waived and her green card mailed without it.

It is very sad that it has come to this. I have found that K1 Visa marriages are very hard. In a regular relationship, you get to date and test things and try things out. In this kind of marriage, you take this enormous leap of faith that you'll get all that right and you hope and pray. In our case, the love was there but when we made that leap it did not turn out right. My respect goes out to all who have made it work. With all due respect, once you file for a K1 visa it means that you are SURE you want to make a lifetime commitment to your fiance, so you make sure to have plenty of interaction before you decide to file, and not rush into a petition just to see if it is going to work out.

I hope everything works out for you both.

[ziggy1977 3]

sorry to hear that......man i've been there..you need to file for divorce ASAP then go withdraw your petition . i went to see a divorce lawyer and a immigration lawyer in the same day..do it ASAP coz she doesn't have her green-card yet ..

if she gets her green card she can take you to court and sue you for financial support .. you sign a I-864 so it means when see gets her green card, 10 years you are responsible for her. she can get smart and hire a lawyer and sues you for financial support and other things..

[Darnell 8,478]

Sorry I don't know what a VAWA is? Is it true that the I-864 not in effect is there is no green card? I was told by a lawyer on JustAnswers that it is in force, even after a divorce and that I could pay as much as 20K per year.

time. timing, scheduling and logistics, Sir !

Peg the date, green card issuance. Occured yet? No ? Can withdraw the I-864 now, nowish.

Green card issuance? Cannot withdraw the I-864 so easily, if at all.

[suddenyellow 0]

Yes, the green card was not issued yet. We did get a notice that the paperwork was received maybe a month back and she received the work permit. She has all the paperwork so I'm a bit fuzzy on this but I think there was to be some sort of joint interview coming up. So we are definitely in the in between position, after the Adjustment of Status was received (approved?) and before the green card was issued.

[alebrije 15]

Yes, the green card was not issued yet. We did get a notice that the paperwork was received maybe a month back and she received the work permit. She has all the paperwork so I'm a bit fuzzy on this but I think there was to be some sort of joint interview coming up. So we are definitely in the in between position, after the Adjustment of Status was received (approved?) and before the green card was issued.

Your Adjustment of Status is still pending, if you have not received a notice saying that your card is already in production. As it has already been said, you should still have time to withdraw your Affidavit of Support, thus putting a stop to the AOS. The final interview to which both of you should attend COULD be waived, and there would be no need to attend anymore.

[Darnell 8,478]

Yes, the green card was not issued yet. We did get a notice that the paperwork was received maybe a month back and she received the work permit. She has all the paperwork so I'm a bit fuzzy on this but I think there was to be some sort of joint interview coming up. So we are definitely in the in between position, after the Adjustment of Status was received (approved?) and before the green card was issued.

received is not approved.

if you want to withdraw the I-864, do so. now. nowish.

[belinda63 2,981]

You have several options.

You can proceed with the AOS and hope they issue the green card with no interview. You will be on the hook for the I-864 until she accumulates 10 years of creditable work history, dies, becomes a citizen, or gives up her LPR status. Notice the 10 years is not set in stone. It will take her at least 10 years to reach the creditable work history requirement at a minimum, if she doesn't work much you could be on the hook for life.

You can proceed with the AOS and have an interview. If you don't attend it will be denied. If you attend you will have to lie for her to get her green card. If it is discovered you lied you could be criminally prosecuted.

You can withdraw the I-864 prior, and only prior, to the green card being produced. Then you have no obligation financially to her or the US government. Once the green card is produced you are on the hook. With the withdrawl of the I-864 her AOS will be denied and her EAD will become invalid. What she does after that is up to her.