Marriage Separation before start of AOS

[Ivan M 0]

I am looking for some information regarding my exposure currently. My then fiance and her son entered the U.S. on November 30, 2009 on a K1 visa. We married on January 19, 2010. Soon after the marriage I began to see signs that I was being used for a green card, so I did not start the AOS process. She has established quite a network of ladies whom are also from the Ukraine and have been in the U.S. for years. On Mother's day ironically, she and her son left me to move in with one of the ladies family, and I have not heard from her since.

If anyone can comment on my situation, mainly with respect to my exposure. In a perfect world I would like to obtain an uncontested divorce, and get on with my life.

[Got Charmed 0]

Let her run she wont get far because she has to go through you to adjust her status get you lawyer and cut your ties, she had a plan but hers will backfire on her, so now protect yourself and let her go.

I am looking for some information regarding my exposure currently. My then fiance and her son entered the U.S. on November 30, 2009 on a K1 visa. We married on January 19, 2010. Soon after the marriage I began to see signs that I was being used for a green card, so I did not start the AOS process. She has established quite a network of ladies whom are also from the Ukraine and have been in the U.S. for years. On Mother's day ironically, she and her son left me to move in with one of the ladies family, and I have not heard from her since.

If anyone can comment on my situation, mainly with respect to my exposure. In a perfect world I would like to obtain an uncontested divorce, and get on with my life.

[Darnell 8,478]

There are 2 aspects to this -

1. immigration. Contact ICE, tell them is potential fraud case - use the # below, at the bottom of this page, in the fine print. I also recommend sending letters out to a..local USCIS office, b..Fraud Prevention Unit at the US Embassy in Ukraine, c..USCIS national office; detailing the proof of fraud that you have found. The I-134 that you signed is a non-binding agreement with the US Government - yer not 'on the hook' for support if divorce is filed or she loses any status with USCIS.

2. divorce proceedings. Each state's process is different, but it all starts with FILING. If you feel competent to handle all the paperwork yourself, for FILING, then do so, today or tomorrow. If you don't feel that you have enough knowledge about 'how to divorce' - wei - get to yer county courthouse, and inquire (or check the county courthouse's web portal for more information on 'how to do'. If it is just too overwhelming, then hire an attorney.

Good Luck !

Edited June 1, 2010 by Darnell

[TracyTN 237]

There's no reason you can't divorce her, and obviously you won't be sponsoring her for a green card. She's under a false impression if she thinks she can get a green card through another means. She is out of status at this point, so she either needs to leave or adjust status - obviously not an option. If you truly feel she has used you to get to the US, report her to ICE at Immigration.Reply@dhs.gov .

I'm not sure what you mean by 'exposure' beyond that, though.

[Brother Hesekiel 2,235]

Let's not jump the gun here.

First, you'll need to figure out what you want. Do you want to stay married to your wife, or do you feel that this is not going anywhere and you'd like to "end" it?

Before you pull the plug, you should really talk to your wife and find out what HER plans are.

Assuming you want to end your marriage, file for divorce. Since you didn't file for AOS, she will be unable to adjust status on her own. She can't even marry somebody else and file for AOS at any time. She is in a trap, and I don't know if she knows that.

If she doesn't have one, she can't get a SSN and she can't get a driver license. The final chapter with immigration is the least important. You should do this one step at a time.

[Brad and Vika 129]

I am looking for some information regarding my exposure currently. My then fiance and her son entered the U.S. on November 30, 2009 on a K1 visa. We married on January 19, 2010. Soon after the marriage I began to see signs that I was being used for a green card, so I did not start the AOS process. She has established quite a network of ladies whom are also from the Ukraine and have been in the U.S. for years. On Mother's day ironically, she and her son left me to move in with one of the ladies family, and I have not heard from her since.

If anyone can comment on my situation, mainly with respect to my exposure. In a perfect world I would like to obtain an uncontested divorce, and get on with my life.

To answer your question about your exposure (instead of giving relationship advice). Your exposure will be determined by the laws governing property division in your state. The marraige has been short, so in MOST states your support obligation under a divorce scenario (not immigration law) could be short. Some states have ugly, perpetual support statutes if she doesn't remarry, regardless of where she winds up. The biggest issue is likely property division. Many states use a standard (called the Unified Code I think, but I won't swear to it) that calls for a formula like "inventory all marital assets, call in a monkey with a calculator, and divide by two". The trick is the definition of marital assets.

You need to consult a divorce attorney PRONTO to assess your situation BEFORE you enter into a discussion with your estranged wife. DO NOT give her an opportunity to caste you as a villian - and only a good lawyer can make sure of that. She may be thinking about adjusting status on her own, after proving you abused or abandoned her.

[Gary and Alla 3,694]

I am looking for some information regarding my exposure currently. My then fiance and her son entered the U.S. on November 30, 2009 on a K1 visa. We married on January 19, 2010. Soon after the marriage I began to see signs that I was being used for a green card, so I did not start the AOS process. She has established quite a network of ladies whom are also from the Ukraine and have been in the U.S. for years. On Mother's day ironically, she and her son left me to move in with one of the ladies family, and I have not heard from her since.

If anyone can comment on my situation, mainly with respect to my exposure. In a perfect world I would like to obtain an uncontested divorce, and get on with my life.

You have no exposure. If you are sure it is over, notify the USCIS what has happened, file for divorce. You have not filed for AOS so you have not submitted an I-864, you have no legal oblgations to the government, only marriage ones, no different than anyone else. Just let USCIS know so they do not think you are trafficking in women.

Whether they deport her or not is none of your concern.

[Brad and Vika 129]

You have no exposure. If you are sure it is over, notify the USCIS what has happened, file for divorce. You have not filed for AOS so you have not submitted an I-864, you have no legal oblgations to the government, only marriage ones, no different than anyone else. Just let USCIS know so they do not think you are trafficking in women.

Whether they deport her or not is none of your concern.

IMO Gary, he has exposure created by divorce law. He wasn't at all specific about exposure to the government, and he is definitely on the hook for some cash, as you pointed out, due to marital obligations.

[O & C 3]

I am looking for some information regarding my exposure currently. My then fiance and her son entered the U.S. on November 30, 2009 on a K1 visa. We married on January 19, 2010. Soon after the marriage I began to see signs that I was being used for a green card, so I did not start the AOS process. She has established quite a network of ladies whom are also from the Ukraine and have been in the U.S. for years. On Mother's day ironically, she and her son left me to move in with one of the ladies family, and I have not heard from her since.

If anyone can comment on my situation, mainly with respect to my exposure. In a perfect world I would like to obtain an uncontested divorce, and get on with my life.

Hello, you need to protect your self.. If you have her on anything of your take her off. You need to notify USCIS ASAP...

Best of luck to you!!

Edited June 2, 2010 by O & C

[JimVaPhuong 4,863]

IMO Gary, he has exposure created by divorce law. He wasn't at all specific about exposure to the government, and he is definitely on the hook for some cash, as you pointed out, due to marital obligations.

His profile says he's in Washington state. Washington still has 'alimony', but the law actually looks a lot like what is commonly called 'spousal support' in other states. It's not usually awarded in marriages of less than 2 or 3 years.

Washington is also a community property state. However, the family courts can disregard community property acquired during a short duration marriage (under five years), and order the spouses to return to the financial condition they had prior to the marriage, meaning a spouse in such a marriage might not leave the marriage with anything they didn't have when they entered the marriage.

Washington is a "no fault" divorce state with a 90 day waiting period. The sooner he files, the sooner he'll be able to walk away, likely without any significant financial obligations.

http://www.washingtondivorceonline.com/articles/divorce-laws.html

Edited June 2, 2010 by JimVaPhuong

[Brad and Vika 129]

His profile says he's in Washington state. Washington still has 'alimony', but the law actually looks a lot like what is commonly called 'spousal support' in other states. It's not usually awarded in marriages of less than 2 or 3 years.

Washington is also a community property state. However, the family courts can disregard community property acquired during a short duration marriage (under five years), and order the spouses to return to the financial condition they had prior to the marriage, meaning a spouse in such a marriage might not leave the marriage with anything they didn't have when they entered the marriage.

Washington is a "no fault" divorce state with a 90 day waiting period. The sooner he files, the sooner he'll be able to walk away, likely without any significant financial obligations.

http://www.washingtondivorceonline.com/articles/divorce-laws.html

Sounds like a potential lucky break. Thanks for posting up Washington specific law and advice (no way I was doing that ). I repeat to the OP DO NOT allow her to make herself a victim in this somehow. See a lawyer immediately.

[thongd4me 69]

I am looking for some information regarding my exposure currently. My then fiance and her son entered the U.S. on November 30, 2009 on a K1 visa. We married on January 19, 2010. Soon after the marriage I began to see signs that I was being used for a green card, so I did not start the AOS process. She has established quite a network of ladies whom are also from the Ukraine and have been in the U.S. for years. On Mother's day ironically, she and her son left me to move in with one of the ladies family, and I have not heard from her since.

If anyone can comment on my situation, mainly with respect to my exposure. In a perfect world I would like to obtain an uncontested divorce, and get on with my life.

Check with legal professional regarding abandonment as grounds for a divorce/

or possible annullment as your marriage to her has not been for that long.

State laws apply.

[thongd4me 69]

.....

You need to consult a divorce attorney PRONTO to assess your situation BEFORE you enter into a discussion with your estranged wife. DO NOT give her an opportunity to caste you as a villian - and only a good lawyer can make sure of that. She may be thinking about adjusting status on her own, after proving you abused or abandoned her.

Good advice. File FIRST and put her squarely in the ABANDONMENT role.

The party that files first usually has an edge in divorce proceedings.

Don't try to meet with her because that will only give her the opportunity to hold you by the

ankles and shake you for spare change (the message it sends to her is that you're weak and

want to reconcile). She has definitely made her intentions clear by moving out.

Don't think too much about those who said you have to split your assets 50/50, you

haven't been married that long and you should be able to prove bad faith on her part.

Depending on your state's divorce laws, you may escape this marriage having only to

pay court fees and maybe her ticket home. The court system assumes a lot of guilt on

the part of the man, regardless of how dishonest the woman has been. That's because

historically the woman was often left with nothing before divorce laws were changed.

Marriages of 10 years or more often assume no guilt by either party but assign a

50/50 split of assets according to the notion of "equitable distribution." Thankfully

your marriage has been very short so fight every attempt by her to prolong it. She

will definitely try to con you into doing that when she finds out that she can't do the

AOS without you. Maintain MINIMAL contact as the only trump card she can play is

some notion of abuse by you and that requires contact.

Now the shoe is on the other foot and you have to learn to be your own podiatrist.

[thongd4me 69]

Get a sharp lawyer. She may use the son as a "prepared witness"

to trump up some kind of abuse charges. Find out early if she plans

to use him as a "witness" and get separate depositions from them

quickly so they don't have any time to rehearse whatever story they

plan to make up. Line up your witnesses in advance, don't waste any time

because depending on her tactics it may be your witness against hers.

With any luck she may not show up for the proceedings and you can

divorce her in abstentia. It's likely however that she'll be smarter than that.

[Darnell 8,478]

Oh my - time to check in with mcat.