Soon to be divorced and no AOS filed.

[itlog 0]

Well, unfortunately I ended up being used by a girl to get here. Here's the story. We were introduced by a mutual friend. Spoke on the phone almost everyday for about 6months. Visited her in the Philippines. Filed K1 and she came here in Oct. 2007. Got married about 2months later. Didn't file the AOS yet because after marriage things seemed different. Her K1 visa has already been expired for a month. Found out she still has a boyfriend. Still in love with him. Wouldn't sleep by my side. Now she just moved out.

What are my options here? I don't want to file the divorce/annulment yet until she is out of the country so that way she can't weasel her way into another marriage to stay here. Is she still legal here or is she now illegal since the AOS was not filed? Can she get deported? Can I get her deported? I'm thinking that I may go ahead and pay for her plane ticket home, but I don't want to waste any more money on this b****.

I'm sure I actually have more questions but this is all I can come up with for now.

Any help or advice would be greatly appreciated.

[john_and_marlene 162]

Well, unfortunately I ended up being used by a girl to get here. Here's the story. We were introduced by a mutual friend. Spoke on the phone almost everyday for about 6months. Visited her in the Philippines. Filed K1 and she came here in Oct. 2007. Got married about 2months later. Didn't file the AOS yet because after marriage things seemed different. Her K1 visa has already been expired for a month. Found out she still has a boyfriend. Still in love with him. Wouldn't sleep by my side. Now she just moved out.

What are my options here? I don't want to file the divorce/annulment yet until she is out of the country so that way she can't weasel her way into another marriage to stay here. Is she still legal here or is she now illegal since the AOS was not filed? Can she get deported? Can I get her deported? I'm thinking that I may go ahead and pay for her plane ticket home, but I don't want to waste any more money on this b****.

I'm sure I actually have more questions but this is all I can come up with for now.

Any help or advice would be greatly appreciated.

Go ahead and get the divorce.

She cannot adjust status based on marriage to anyone else

[Alex+R 0]

Why don't you ask her if she'd like to go home?

If she entered on a K-1 visa, she can't marry someone else and legally stay; the visa is only to marry you.

She is currently out of status if her K-1 has expired.

She can stay in the U.S. illegally or go home. If you help her understand her options, then she might do the right thing and leave. Don't act out of vengeance.

eta: I really don't know about this, but maybe somebody can speak to the possibility that it might be easier for you to get the divorce if she is still in the country. Wouldn't an annulment also be possible in this case, based on fraud?

Edited February 5, 2008 by Alex+R

[*JG* 2]

Well, unfortunately I ended up being used by a girl to get here. Here's the story. We were introduced by a mutual friend. Spoke on the phone almost everyday for about 6months. Visited her in the Philippines. Filed K1 and she came here in Oct. 2007. Got married about 2months later. Didn't file the AOS yet because after marriage things seemed different. Her K1 visa has already been expired for a month. Found out she still has a boyfriend. Still in love with him. Wouldn't sleep by my side. Now she just moved out.

What are my options here? I don't want to file the divorce/annulment yet until she is out of the country so that way she can't weasel her way into another marriage to stay here. Is she still legal here or is she now illegal since the AOS was not filed? Can she get deported? Can I get her deported? I'm thinking that I may go ahead and pay for her plane ticket home, but I don't want to waste any more money on this b****.

I'm sure I actually have more questions but this is all I can come up with for now.

Any help or advice would be greatly appreciated.

Go ahead and get the divorce.

She cannot adjust status based on marriage to anyone else

Yah, I agree. Divorce her.

She screwed herself here .

[john_and_marlene 162]

Well, unfortunately I ended up being used by a girl to get here. Here's the story. We were introduced by a mutual friend. Spoke on the phone almost everyday for about 6months. Visited her in the Philippines. Filed K1 and she came here in Oct. 2007. Got married about 2months later. Didn't file the AOS yet because after marriage things seemed different. Her K1 visa has already been expired for a month. Found out she still has a boyfriend. Still in love with him. Wouldn't sleep by my side. Now she just moved out.

What are my options here? I don't want to file the divorce/annulment yet until she is out of the country so that way she can't weasel her way into another marriage to stay here. Is she still legal here or is she now illegal since the AOS was not filed? Can she get deported? Can I get her deported? I'm thinking that I may go ahead and pay for her plane ticket home, but I don't want to waste any more money on this b****.

I'm sure I actually have more questions but this is all I can come up with for now.

Any help or advice would be greatly appreciated.

Go ahead and get the divorce.

She cannot adjust status based on marriage to anyone else

Yah, I agree. Divorce her.

She screwed herself here .

I would recommend cutting all ties and contact and getting a divorce as fast as possible. Her only avenue to stay legally will be to claim abuse by her spouse. If you have someone that is willing to stay with you in the interim, that might be a good idea--you may need a witness later to dispute contact with her.

[mox 298]

What are my options here? I don't want to file the divorce/annulment yet until she is out of the country so that way she can't weasel her way into another marriage to stay here. Is she still legal here or is she now illegal since the AOS was not filed? Can she get deported? Can I get her deported? I'm thinking that I may go ahead and pay for her plane ticket home, but I don't want to waste any more money on this b****.

I'm sure I actually have more questions but this is all I can come up with for now.

Any help or advice would be greatly appreciated.

I would not worry about what she will or will not do at this point, I would just file for the divorce. It will be easier to file when she's here than when she is overseas. Let her lead her own life after that, so you can get on with your own. I know it sucks to see people take advantage of the system, but it's best to just be done with her and move on.

[itlog 0]

thank you all for your responses. I'm in the process of finding a good divorce lawyer and an immigration lawyer.

[diadromous mermaid 36]

Well, unfortunately I ended up being used by a girl to get here. Here's the story. We were introduced by a mutual friend. Spoke on the phone almost everyday for about 6months. Visited her in the Philippines. Filed K1 and she came here in Oct. 2007. Got married about 2months later. Didn't file the AOS yet because after marriage things seemed different. Her K1 visa has already been expired for a month. Found out she still has a boyfriend. Still in love with him. Wouldn't sleep by my side. Now she just moved out.

What are my options here? I don't want to file the divorce/annulment yet until she is out of the country so that way she can't weasel her way into another marriage to stay here. Is she still legal here or is she now illegal since the AOS was not filed? Can she get deported? Can I get her deported? I'm thinking that I may go ahead and pay for her plane ticket home, but I don't want to waste any more money on this b****.

I'm sure I actually have more questions but this is all I can come up with for now.

Any help or advice would be greatly appreciated.

Inform USCIS that the marriage is no longer viable, that she came here married and has within a matter of weeks moved out and you are moving towards divorce. She has not yet submitted AOS, and being a K-1, any legal adjustment of status would have to be through you as her petitioner. As for any VAWA claim, well, I can't say it is impossible, but it improbable and even if she were to conjure up a good story, any approval would hinge on her providing substantive evidence of abuse.