Fiance wont LEAVE!!!!

[skynaut 29]

The local police don't get involved in giving immigration advice, or advice related to relationships involving an unfaithful partner. Unless there is domestic abuse or some other crime involved, they won't have much of anything to say to him.

Unless he's added her name to the lease or she's paid him rent or in some other way legally established herself as a resident in his home, then she's a guest - he can tell her to leave anytime. They aren't married. If it's his home then he can change the locks. If he's renting then he might need his landlord's permission.

When a petitioner brings a fiancee to the US, the petitioner is legally bound to support her/him. USCIS application is a legally bound document, therefore while his fiancee is in the US she must be under his roof and he's financially responsible for her.

With that said, if you read again my post I did NOT say that the Police should be able to give him immigration advice or any advice related to relationships involving an unfaithful partner. Not sure where you got that from or you're having hallucinations...I wrote that IF things start going wrong (meaning that if violence and abuse start showing up between the two), he should contact the local police station before he makes a stupid move of kicking her out and changing the locks. Depending on where he lives, some local laws may not give him protection since she's legally expected to live under his roof (even though they're not married). That's why he needs to contact the local police station.

Before you reply to any comment, please read and understand the post. Don't make yourself look like a dirtbag by posting a "smart" comment that doesn't sense at all.

[boilermaker 1]

You might be able to write USCIS asking to retire the Financial support paperwork if you explain the reasons. But seems like you might need to talk to an immigration lawyer, just to avoid getting in trouble later for filing a visa petition and not going through it.

[Ellie-and-David 38]

When a petitioner brings a fiancee to the US, the petitioner is legally bound to support her/him. USCIS application is a legally bound document, therefore while his fiancee is in the US she must be under his roof and he's financially responsible for her.

With that said, if you read again my post I did NOT say that the Police should be able to give him immigration advice or any advice related to relationships involving an unfaithful partner. Not sure where you got that from or you're having hallucinations...I wrote that IF things start going wrong (meaning that if violence and abuse start showing up between the two), he should contact the local police station before he makes a stupid move of kicking her out and changing the locks. Depending on where he lives, some local laws may not give him protection since she's legally expected to live under his roof (even though they're not married). That's why he needs to contact the local police station.

Before you reply to any comment, please read and understand the post. Don't make yourself look like a dirtbag by posting a "smart" comment that doesn't sense at all.

Who legally expects him to accommodate her under his roof? Anything signed at the K1 stage (the I-134) is not a legally binding document of financial support. It is used to establish the likelihood of a K1 entrant becoming a public charge. It does not obligate the petitioner to do anything. At this point, the only obligation either have is to get married within 90 days if they want to adjust status based upon the k1 visa used to enter the country. If they were married, perhaps local laws would step in to state that the wife had some claim to resources. But they are not married, the OP has not been specific about which state he lives in and therefore your above statement is very wide reaching and fundamentally without merit....unless there is some blanket US law that obligates one adult to be responsible for another adult to which they have no legal obligation.

You are confusing the I-134 with the I-864 which DOES establish a contractual obligation for the USC to reimburse the government, should their spouse (or ex-spouse) become a public charge.

OP - If you wish to discontinue this relationship then dont marry. After the 90 days has passed, your fiance will have no basis to remain in the country. Whether you cast her out with no money / place to live is a moral dilemma you have to deal with. Not a legal one (unless Skynaut can provide information that suggests otherwise). Be smart, take steps to avoid a VAWA claim by minimizing contact and not spending time alone with her. If she remains in the country after the 90 days, you should report her. Knowingly allowing her to stay illegally could adversely affect you. And adversely affects the immigration process.

Good luck with everything.

[belinda63 2,981]

Without a familial or court ordered responsibility there is no obligation under US law to support anyone. For example, if your parent's live with you in your house you can throw them out any time you want. He is perfectly within the law to change the locks and not permit her in the home. What he cannot do is prevent her from obtaining her property thus the suggestion that he arrange a date and time for her do so. His bringing her here for immigration and marriage purposes may establish a moral obligation but there is no legal obligation. Without the marriage she is only here legally until the I-94 expires.

Advise her again, in a public place with a witness, that you do not wish to marry her, when and where she can retrieve her property, maybe provide her with information on homeless shelters and/or a ticket home, remind her that she will be in the country out of status when the I-94 expires and that she has NO WAY to obtain a green card without returning home. After you do this call ICE and follow up with a letter informing them that you do not intend to marry.

[Hicham♥Sara 15]

IMO , It sounds like the most logical and safe thing to contact USCIS. I can understand not wanting to hurt someone you love even though they have hurt you, but in situations you have to take care of yourself. You don't want her to get wise to the waiver for abuse and start accusing you of things that never happened. Of course when you let them know what is going on, they will know what exact steps you need to take.

[skynaut 29]

Who legally expects him to accommodate her under his roof? Anything signed at the K1 stage (the I-134) is not a legally binding document of financial support. It is used to establish the likelihood of a K1 entrant becoming a public charge. It does not obligate the petitioner to do anything. At this point, the only obligation either have is to get married within 90 days if they want to adjust status based upon the k1 visa used to enter the country. If they were married, perhaps local laws would step in to state that the wife had some claim to resources. But they are not married, the OP has not been specific about which state he lives in and therefore your above statement is very wide reaching and fundamentally without merit....unless there is some blanket US law that obligates one adult to be responsible for another adult to which they have no legal obligation.

You are confusing the I-134 with the I-864 which DOES establish a contractual obligation for the USC to reimburse the government, should their spouse (or ex-spouse) become a public charge.

OP - If you wish to discontinue this relationship then dont marry. After the 90 days has passed, your fiance will have no basis to remain in the country. Whether you cast her out with no money / place to live is a moral dilemma you have to deal with. Not a legal one (unless Skynaut can provide information that suggests otherwise). Be smart, take steps to avoid a VAWA claim by minimizing contact and not spending time alone with her. If she remains in the country after the 90 days, you should report her. Knowingly allowing her to stay illegally could adversely affect you. And adversely affects the immigration process.

Good luck with everything.

Ellie-and-David,

Despite the fact that the Affidavit of Support I-134 is intended to promise the USCIS that the beneficiary will not be a public charge while in the US until he/she becomes a US Citizen, it doesn't relieve the petitioner of his/her financial obligation towards the beneficiary. One cannot pretend to bring a fiancee to the US to later abandon her/him during the 90 days period and absolutely expecting no responsibility. It's assumed that the beneficiary will most likely become a public charge once abandoned during the 90 day period. Do not fool yourself, in believing that there will be no accountability. Signing an I-134 Affadavit of Support is a ten-year commitment to take care of all financial expenses.Should the beneficiary (fiancee) intentionally be abandoned during the 90 days period while in the US and let's say she/he gets, in the meanwhile, hospitalized the petitioner cannot simply say that he/she is not responsible for expenses. The petitioner is always legally responsible until the beneficiary naturalizes (becomes a USC), can be credited with 40 qualifying quarters of work, depart the United States permanently, or die. Any doubt, please consult an Immigration lawyer. When you sign the Affidavit of Support, you are taking oath, under the US law, affirming that you'll be a financial sponsor.

[JimVaPhuong 4,863]

When a petitioner brings a fiancee to the US, the petitioner is legally bound to support her/him. USCIS application is a legally bound document, therefore while his fiancee is in the US she must be under his roof and he's financially responsible for her.

With that said, if you read again my post I did NOT say that the Police should be able to give him immigration advice or any advice related to relationships involving an unfaithful partner. Not sure where you got that from or you're having hallucinations...I wrote that IF things start going wrong (meaning that if violence and abuse start showing up between the two), he should contact the local police station before he makes a stupid move of kicking her out and changing the locks. Depending on where he lives, some local laws may not give him protection since she's legally expected to live under his roof (even though they're not married). That's why he needs to contact the local police station.

Before you reply to any comment, please read and understand the post. Don't make yourself look like a dirtbag by posting a "smart" comment that doesn't sense at all.

Nope. The only "legally bound" document (not technically correct, but I understand what you mean) that contains anything resembling a binding contract is the I-134, which has repeatedly been struck down in court as unenforceable. The failure of the I-134 to stand up to legal scrutiny resulted in the US Congress amending the INA in 1996, adding section 213A which spelled out the requirements for a legally enforceable affidavit of support. INS (which is now USCIS) complied by providing the I-864 affidavit of support, and stopped using the I-134. Foreign consulates still use the I-134 because it's a convenient way to summarize the financial status of a sponsor, but they usually don't require an enforceable affidavit of support for a non-immigrant visa, which is what a K visa is.

If your comment about going to the police was specifically about getting legal advice about whether or not to kick her out or change his locks then you should be more specific. You said "if things start going wrong", which at this point only involves her immigration status and her infidelity, which are not matters for the police. If he needs legal advice then he should consult a lawyer. Police don't generally enforce laws regarding tenant's rights, and might not be well trained to give advice in that area.

There is no legal requirement that he allow her to live in his home. As I said before, unless he has taken some action that would allow her to claim to be a resident of the home - adding her to the lease or accepting rent money - then her status in his home is "guest". He can demand she leave anytime. You have every right to disagree with me (except for calling me "dirtbag"), but you should make sure what you're saying is correct, and be prepared to back it up with facts.

[Boiler 43,599]

Ellie-and-David,

Despite the fact that the Affidavit of Support I-134 is intended to promise the USCIS that the beneficiary will not be a public charge while in the US until he/she becomes a US Citizen, it doesn't relieve the petitioner of his/her financial obligation towards the beneficiary. One cannot pretend to bring a fiancee to the US to later abandon her/him during the 90 days period and absolutely expecting no responsibility. It's assumed that the beneficiary will most likely become a public charge once abandoned during the 90 day period. Do not fool yourself, in believing that there will be no accountability. Signing an I-134 Affadavit of Support is a ten-year commitment to take care of all financial expenses.Should the beneficiary (fiancee) intentionally be abandoned during the 90 days period while in the US and let's say she/he gets, in the meanwhile, hospitalized the petitioner cannot simply say that he/she is not responsible for expenses. The petitioner is always legally responsible until the beneficiary naturalizes (becomes a USC), can be credited with 40 qualifying quarters of work, depart the United States permanently, or die. Any doubt, please consult an Immigration lawyer. When you sign the Affidavit of Support, you are taking oath, under the US law, affirming that you'll be a financial sponsor.

The I 134 is not legally enforceable, we need not really go beyond that.

There are no assumptions.

As a single individual without status of effectively a visitor you would be hard pushed to name any benefits she would qualify for. As a PR there would not be many, usually children have to be involved.

It is not free ticket, nor is the I 864 for that matter. The latter is at least legally binding.

Hospitals are private institutions, he has no responsibility for her medical bills.

Edited August 17, 2010 by Boiler

[sorchaine 10]

The I-134 is not legally binding.

Federal courts have consistently found that Form 1-134 is not a legally enforceable contract against a sponsor by a sponsored immigrant. See, e.g., Tornheim v. Kohn, 2002 U.S. Dist. LEXIS 27914, No. 00 CV 5084(SJ), 2002 WL 482534, at *1, *5 (E.D.N.Y. Mar. 26, 2002) (finding that because defendant signed the affidavit of support on Form 1-134, instead of on Form I-864, defendant had not signed a legally binding contract).

I think the one that you're thinking of skynaut is the I-864, which is legally binding for the times you listed. Though that one doesn't come into play until the AOS, after the marriage.

[agynyame 2]

My fiance arrived in the US about a month ago on a K1 visa. Since her arrival things have gone DOWN HILL!. I found out she was unfaithful numerous times during our visa process and do not plan to continue our relationship. I guess my question is how do i get her to go home. I have offered to pay for her flight but she refuses to accept the offer. She acts like a child most of the time and cant seem to realize that we are not getting married. Any tips on how to get her home, i prefer not to report her to INS. I know shes legally allowed to stay for 90 days.

Crede,

I am sorry for your situation and certainly feel for you. Please follow the advice that have been given thus far.

On another note, reading stories like this irritates me to the nth degree. I am baffled that K-1 visa will often process faster than an IR visa when on the one hand, there is a slight possibility the relationship will work and on the other hand, the folks have already met and gotten to know one another and have married. It is this type of wisdom that makes me shake my head and wonder why the policy of USCIS is pro K-1 and hard on IR visas.

Anyway, please report her and take all measures to protect yourself and your integrity from being denigrated.

[MRStee 19]

Ellie-and-David,

Despite the fact that the Affidavit of Support I-134 is intended to promise the USCIS that the beneficiary will not be a public charge while in the US until he/she becomes a US Citizen, it doesn't relieve the petitioner of his/her financial obligation towards the beneficiary. One cannot pretend to bring a fiancee to the US to later abandon her/him during the 90 days period and absolutely expecting no responsibility. It's assumed that the beneficiary will most likely become a public charge once abandoned during the 90 day period. Do not fool yourself, in believing that there will be no accountability. Signing an I-134 Affadavit of Support is a ten-year commitment to take care of all financial expenses.Should the beneficiary (fiancee) intentionally be abandoned during the 90 days period while in the US and let's say she/he gets, in the meanwhile, hospitalized the petitioner cannot simply say that he/she is not responsible for expenses. The petitioner is always legally responsible until the beneficiary naturalizes (becomes a USC), can be credited with 40 qualifying quarters of work, depart the United States permanently, or die. Any doubt, please consult an Immigration lawyer. When you sign the Affidavit of Support, you are taking oath, under the US law, affirming that you'll be a financial sponsor.

I just wanted to ask a stupid question.. How do you know so much about K-1's when I see by your timeline you are a CR1?

[Boiler 43,599]

Nice one, just voted your post up.

[skynaut 29]

I just wanted to ask a stupid question.. How do you know so much about K-1's when I see by your timeline you are a CR1?

I know, because I considered applying for K1, but then we got married and applied for CR1. Before that I performed a thorough research on K1. So I know what I am talking about!

[TBoneTX 43,254]

I know what I am talking about!

Except when it comes to the I-134 and comparing other VJ members to dirtbags, si man.

[RightClicK 17]

HEY HEY HEY

Why do you just believe him and keep advicing him without knowing anything from her ?....he might did something ..who knows ...she might seen him betraying her or something and of course he would NOT tell you guys that he betrayed her..there are many circumstances ...BUT not because he is AMERICAN so ohhh he is one of us ..damn her ...BE FAIR ...what if you were her ....what if he did something...many questions ......iam not defending her neither accusing him of doing something ...but i hate being unfaired so i wouldn't want anyone to be in that place...listen to both of them if you can guys ...or just keep keep your tongues in your mouths .

Regards

Sam

Edited August 17, 2010 by SamOnline