Can I legally make my wife leave my house? Also, is it too late to cancel pending I-864?

[caliguy45 0]

I'll cut to the chase. My marriage has been falling apart since the day my wife arrived in this country. I believe I've been a victim of visa fraud. In fact, I'm sure of it. Anyway, my wife (soon to be ex) has made it clear that she does not want to be with me anymore. She is only interested in building her life in this country. We applied for her AOS, EAD, and advance parole. We are expecting her EAD and advance parole card any day now since she's already had her fingerprints taken. I'm not sure how long the AOS will take but we recently received an RFE for it so they may be working on it. No interview date has been given and she has not had her physical yet. Despite her not wanting to be with me, she still wants me to remain with her long enough for her to get her green card. I do not want to be with her that long because I feel used and betrayed. Every day that we are together is another day that I'm reminded about this false relationship. I would like to move on with my life as well. Here are the two issues that I have:

 

First, she says wants to leave but just not right now. She has friends in other states and of course, she can return to her home country. She does not want to leave right now because she says she has no place to go even though I know that is not true. She could leave tomorrow and go back to her home country but she refuses (although she claims that she misses home). She wants to continue living with me until the work permit arrives. Then she wants to continue living here until she can save money and then move on to a comfortable life. Can I legally make her move? Is there anything I can do so she can leave? 

 

The first question kind of ties in with this question. I plan to try to withdraw my I-864 and also file for divorce. I have not told her that I plan to do these things. I feel that if I told her this, she may try to lie on me and get a VAWA claim. I can't afford to be in jail or have something like this on my record but I know that if she feels that I will cancel the process, she will lie and try to say that I abused her. That's why I want her gone ASAP so I can file the divorce and cancel the I-864. By the time she finds out that I've done that, we will not be living together and it would be difficult for her to try to claim that I've hurt her if she tries to go the VAWA route. Of course, I've never abused her but she's made it clear that she intends to use me until she gets what she wants. There's never been love or intimacy in this relationship since the day she arrived in this country. Prior to her coming her, we were head of hills in love with each other. Had plans for kids etc.....All that changed the day she arrived and I'm tired of it. If anyone has advice that might work out better for me, I'm all ears. Thanks in advance to anyone who can help. 

[Jojo92122 1,924]

The only legal way for you to make her leave is a court order.  By law, she has a right to stay in her home.

 

Go see a divorce lawyer to sort out your living situation.

 

Start documenting everything.  

[Georgia16 2,858]

Yes you can withdraw the I-864 send them a little in detail with case number both of your names and all that and state you want to withdraw it. You can do this right away her case will be denied. Did she come on a K-1 visa?

 

It's her house also so you can't just ask her to leave but if you want to protect yourself against vawa then you can leave for now.

Edited May 5, 2017 by Georgia16

[caliguy45 0]

Yes, she came on a K-1 visa. I have a couple more questions. Since we recieved an RFE for her AOS, that means that they are working on it now right? I've read of some people getting approved without an interview but if she hasn't had her physical yet, she can't be approved until she does that right?

 

I'm asking this because it seems like my only option is to wait until her EAD come and she decides to move out on her own. Then once she is gone, I can withdraw the petition. Is that plausible? Also, if she recieved the EAD and then the i485 is cancelled, would that affect her ability to work and travel?

[Pinkrlion 2,610]

Yes, you can have her legally evicted if she has been living in your home for more than 3 months.  She will be served and will have to leave.  It is not her home if her name is not added to the deed.   She will not be aware of the notice to evict until served.  Cancel I-864 now, and do not reply to RFE.  Do not wait until she is gone to do these things.  They will not process her EAD without the I-864 anyway.  

 

What does the RFE state?

Edited May 5, 2017 by Pinkrlion

[Jojo92122 1,924]

 

Yes, you can have her legally evicted if she has been living in your home for more than 3 months.  She will be served and will have to leave.  It is not her home if her name is not added to the deed.   She will not be aware of the notice to evict until served.  Cancel I-864 now, and do not reply to RFE.  Do not wait until she is gone to do these things.  They will not process her EAD without the I-864 anyway.  

Her name does not need to be on the deed for it to be her home.  

 

A spouse is not a tenant.

 

Normal eviction does not apply to a spouse.

 

The only way to get her out is a family court order.  Not a normal eviction order.

[geowrian 22,336]

 

Yes, she came on a K-1 visa. I have a couple more questions. Since we recieved an RFE for her AOS, that means that they are working on it now right? I've read of some people getting approved without an interview but if she hasn't had her physical yet, she can't be approved until she does that right?

 

I'm asking this because it seems like my only option is to wait until her EAD come and she decides to move out on her own. Then once she is gone, I can withdraw the petition. Is that plausible? Also, if she recieved the EAD and then the i485 is cancelled, would that affect her ability to work and travel?

Yes, an RFE is a sign that they are working on the case. It's not a sign of how far along they are or how much longer is left. It could be a year...nobody knows. You can get approved without an interview  She never had a physical...? She came on a K-1 so the medical she did for that should suffice, albeit I don't know your entire timeline.

 

If you withdraw the I-864, then the I-485 will be denied (at some point). When the I-485 is denied, she will lose authorized stay in the US and her EAD and AP will become invalid.

 

I agree with the others - if the marriage is not going to continue, then start the divorce, withdraw the I-864, and go from there.

 

You can't make her leave (the house or the US). The divorce aspect will address the house. The withdrawing of the I-864 will prevent her from having legal status in the US, but beyond that you just have to let USCIS handle it. However, if she does lose legal status and you want to offer her a one-way ticket back home to encourage her to leave, that's fine.

Edited May 5, 2017 by geowrian

[Pinkrlion 2,610]

 

Her name does not need to be on the deed for it to be her home.  

 

A spouse is not a tenant.

 

Normal eviction does not apply to a spouse.

 

The only way to get her out is a family court order.  Not a normal eviction order.

 

Read ur state law, if spouse is not on deed or title to the home, they can be evicted.  It has nothing to do with tenant law.  You can also evict adult chilren, relatives, etc.....

[Jojo92122 1,924]

 

 

Read ur state law, if spouse is not on deed or title to the home, they can be evicted.  It has nothing to do with tenant law.  You can also evict adult chilren, relatives, etc.....

Uhmmm...talk to your lawyer.  Spouses have certain duties towards each other.

 

Google "evicting your spouse."

 

 

[caliguy45 0]

Yes she had a physical before she came on the K-1 visa but I was under the impression that there was another physical she needed to do here before granting the AOS. The RFE we received was for a document that was missing and we sent the document then. Other than that, her AOS process has only been pending for a month. I have offered her a one way ticket to go home but she refuses. I don't know if she realizes this now but even if she does get the EAD, it seems like it will be invalidated once I cancel the I-864. She seems to think that everything will be roses once she gets the EAD and advanced parole. As for me, I'm currently going through the process for a job with the government. One of the requirements if that I do not have anything on my record. My record is clean up to this point but I'm sure that once she realizes that she's lost her path to the green card, she will try to frame me for abuse. That's why I need her gone ASAP. I feel like I'm at risk every day that we are together since she's already shown that she will do whatever is necessary to stay in this country.

[Jojo92122 1,924]

You can leave to protect yourself.  The law allows you to do that.  Without family court, that's your only option to protect yourself.  

[EmilyW 1,226]

Leave your house for a while.  Have no contact with her, unless you have a neutral party present.  Once she realizes she's lost her path, expect a VAWA claim.

[geowrian 22,336]

 

Yes she had a physical before she came on the K-1 visa but I was under the impression that there was another physical she needed to do here before granting the AOS. The RFE we received was for a document that was missing and we sent the document then. Other than that, her AOS process has only been pending for a month. I have offered her a one way ticket to go home but she refuses. I don't know if she realizes this now but even if she does get the EAD, it seems like it will be invalidated once I cancel the I-864. She seems to think that everything will be roses once she gets the EAD and advanced parole. As for me, I'm currently going through the process for a job with the government. One of the requirements if that I do not have anything on my record. My record is clean up to this point but I'm sure that once she realizes that she's lost her path to the green card, she will try to frame me for abuse. That's why I need her gone ASAP. I feel like I'm at risk every day that we are together since she's already shown that she will do whatever is necessary to stay in this country.

Nope, assuming it is within 1 year:

"I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy)."

 

I as implying that the one way ticket option would look much more enticing once you pull the I-864, causing her I-485 to get denied and her losing the ability to stay in the US legally.

 

The EAD will no longer be valid once the underlying AOS is denied. Pulling the I-864 probably won;t immediately cause a denial (idk how long that will take...weeks? months?, but it will happen eventually). My guess is she is probably hoping to get that and try to use that even once it is no longer valid and hoping nobody checks.

 

If you feel that your own well-being (including your job) is at risk, then I suggest seeking out a good divorce attorney quickly and starting the process. The sooner, the better.

[caliguy45 0]

Thanks for the advice guys. We've just had another argument and she's made it 100% clear that she isn't going anywhere until she gets her EAD. She also expects me to finish the green card process too. I could file divorce or pull the I-864 now but there is a chance that she might find out about either of these things before the EAD arrives. At that point, her only option will be Vawa. With that being said, is the most logical path for me to protect myself and release my responsibility is for me to just put up with her until the EAD comes. Then once she gets that and leaves, I'll file for divorce and cancel the 864. Does anyone see anything that can go wrong with that plan?

Edited May 5, 2017 by caliguy45
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[Villanelle 4,121]

Lots of things.