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I and S Explorer

I and S   0

Posted
Filed: K-1 Visa Country: Pakistan
 Timeline
Posted

hi,

I have been married for almost 2 years now. Our marriage is going nowhere. I think we both know that we are getting seprated but she is demanding a Green Card from me before we go our own way. There have been threats made to my family from her family, which is the main reason I want to have nothing to do with her and now I don't want to give her the Greencard either. Here is what i need to know.

How can i get her to leave USA?

Thanks,

we - March,26 2008

Got engaged - July, 18 2008

Sent application (VT)- August, 22 2008

Package received- August, 25 2008

Check cleared - August, 28 2008

Recieved NOA1 - August, 30 2008

Nov-15 traveled to Pakistan to spend time with Irum

Jan-4 arrived back in USA after spend 7 weeks with Irum.

Jan-25 got approved notice online.

Jan-28 received NOA2 in mail.

Jan-29 NVC received

Jan-29 NVC Sent (wow that was quick)

Feb-04 Letter recieved from NVC.

Feb-05 State department confirmed over the phone that the packet 3 has been posted.

Feb-06 recieved packet 3 by mail today.

Feb-27 Packet 3 sent back to Islamabad embassy.

Mar-9 Recieved the interview date letter.

Mar-30 Interviewed and got the Visa (waiting on the passport)

April-2 Got the physical passport

April-16 Entered USA

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

hi,

I have been married for almost 2 years now. Our marriage is going nowhere. I think we both know that we are getting seprated but she is demanding a Green Card from me before we go our own way. There have been threats made to my family from her family, which is the main reason I want to have nothing to do with her and now I don't want to give her the Greencard either. Here is what i need to know.

How can i get her to leave USA?

Thanks,

So you have not adjusted her status at all? not even right after you were married?

Not a K-1 Fiance(e) visa general discussion topic... moving thread

YMMV

I and S Explorer

I and S   0

Posted
Filed: K-1 Visa Country: Pakistan
 Timeline
  • Author
Posted

So you have not adjusted her status at all? not even right after you were married?

Not a K-1 Fiance(e) visa general discussion topic... moving thread

No, i haven't applied for an adjustment of status at all.

Simple file for divorce, I am assuming she will came as CR1 which means she has to be married to you for 2 yrs.

If she is not married for 2 yrs then she cannot get the GC.

I know, but i want her out of USA. I feel she has used me to get into this country.

we - March,26 2008

Got engaged - July, 18 2008

Sent application (VT)- August, 22 2008

Package received- August, 25 2008

Check cleared - August, 28 2008

Recieved NOA1 - August, 30 2008

Nov-15 traveled to Pakistan to spend time with Irum

Jan-4 arrived back in USA after spend 7 weeks with Irum.

Jan-25 got approved notice online.

Jan-28 received NOA2 in mail.

Jan-29 NVC received

Jan-29 NVC Sent (wow that was quick)

Feb-04 Letter recieved from NVC.

Feb-05 State department confirmed over the phone that the packet 3 has been posted.

Feb-06 recieved packet 3 by mail today.

Feb-27 Packet 3 sent back to Islamabad embassy.

Mar-9 Recieved the interview date letter.

Mar-30 Interviewed and got the Visa (waiting on the passport)

April-2 Got the physical passport

April-16 Entered USA

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

No, i haven't applied for an adjustment of status at all.

Then don't

I know, but i want her out of USA. I feel she has used me to get into this country.

not your problem or concern... if she stays it is her problem not yours... You cannot just "kick" her out because you want to. If the USG wants her out then she will be provided the appropriate due process... Best you can do is call ICE.

YMMV

DanielParul Proficient

DanielParul   50

Posted
Filed: Timeline
Posted (edited)

If she entered on a K1 visa, you both have to get married and file for AOS. Thats the only way for her to adjust her status. If you have not married her yet then talk to her about how its not working out and just buy her a one way ticket back. If you both are married then file for a divorce and pull your I-864 before the GC is approved.

Be careful in your dealings with her and document all the threats you are getting from her and her family and make sure she does not claim abuse by you and family. That is the path a lot of people will take who are only looking for a GC.

Edited by DanielParul
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

If she entered on a K1 visa, you both have to get married and file for AOS. Thats the only way for her to adjust her status. If you have not married her yet then talk to her about how its not working out and just buy her a one way ticket back. If you both are married then file for a divorce and pull your I-864 before the GC is approved.

Be careful in your dealings with her and document all the threats you are getting from her and her family and make sure she does not claim abuse by you and family. That is the path a lot of people will take who are only looking for a GC.

1) they are married 2 years and never adjusted status (arrived on K-1)

2) No I-485 filed so no I-864 to "take back"

3) If in the end if she attempts to self petition it is not the OP's problem... he needs to protect himself and get out of the way and not be party to any fraudulent application

YMMV

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Simple file for divorce, I am assuming she will came as CR1 which means she has to be married to you for 2 yrs.

If she is not married for 2 yrs then she cannot get the GC.

You are assuming wrong... she arrived K-1

Your other info is also confusing and also incorrect. An alien can have a GC if married less than two years if you file the proper documents (which the OP has not)

YMMV

DanielParul Proficient

DanielParul   50

Posted
Filed: Timeline
Posted

1) they are married 2 years and never adjusted status (arrived on K-1)

2) No I-485 filed so no I-864 to "take back"

3) If in the end if she attempts to self petition it is not the OP's problem... he needs to protect himself and get out of the way and not be party to any fraudulent application

You are right. I just glanced at the thread and wrote without reading it.

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted

I would agree with payxibka, now is the time to cut off all in-person contact unless you have a couple of witnesses with you and even then it should only be contact that is absolutely required.

She only has 2 ways to Adjust Status now: 1) as your spouse, 2) VAWA...

VAWA requires she take certain steps to build a credible abuse case against you!

File for divorce an cut all ties. After the divorce you can notify USCIS & ICE of the divorce and her last known address but stay away from her otherwise.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Here's something to try -

call ICE, report her as 'out of status', let them know you are filing for divorce.

Then if they ask you for anything, give it to them.

ICE Contact # below, have a look ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted (edited)

So much said, some contradictory, so let me add my opinion.

If she came with a K-1, and you guys got married within the 90-days timeframe, and have been married for about 2 years now, she is floating in what we sometimes refer to as nowhereland.

This is a bit complicated to explain, but basically and due to an error in the wording, some believe that a K-1 in your wife's position is "kind of" legal, or at least not illegal in this country, as she fulfilled the requirements of the K-1. Others believe that as soon as her I-94 expired, and it certainly is long expired by now, she is out of status.

None of this matters, however, as a K-1 can only adjust status to Resident if YOU file the petition for her. If you die or get divorced and she marries again . . . out of luck. Good news therefore: if her family kills you, they are doing her a disfavor.

For you in your situation this means the following:

1) do NOT file the AOS for her.

2) write a letter to USCIS, explaining that you feel you have been used for a Green Card and will not file for AOS.

Then tell anybody who threatens you that you will call the police the next time they pull some kind of stunt on you.

Finally, get a divorce by any means, in absentia if you can't serve her the papers, and afterward move on with your life.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

GnE Walker Explorer

GnE Walker   2

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted

Not forget get all information on threats to your Family and to you, even with all it you can send copy of all it to USCIS, other for you divorce and police. Take care.

K-3/K-4 Visa

Service Center : California Service Center

Consulate : Bogota, Colombia

Marriage : 2008-08-30

I-130 Sent : 2009-10-20

I-130 NOA1 : 2009-10-30

I-129F Sent : 2009-11-06

I-129F NOA1 : 2009-11-10

I-129F NOA2 : 2010-02-23

Your I-129f was approved in 105 days from your NOA1 date.

I-130 Approval : 2010-02-23

Your I-130 was approved in 116 days from your NOA1 date.

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Interview Result :

Visa Received :

US Entry :

Comments : Received email notice on 2/24/2010 for I-129F and I-130 approvals. No NOA2s yet by mail.

  • 2 weeks later...
Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Hey - any news?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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