help I need advice for my K1 visa wife not to get 10 year card

[chaz3414 0]

I have a situation that is not good. I currently live with my K1 wife and her son and she has her first green card. The nest step is for her to file for 10 year card. I am 64 and she is 42. I have not been happy with her since we married. I am on a fixed income and am on disability. I would love to move away but I can't afford to pay rent for another place. Every day I am with her it is agony. She has revealed to me she knows all the ways to get her 10 year card including claiming abuse. She also says that if we divorce I must support her based on the form 864. The problem is that if I am forced to support her and give her my car (she has not passed her driver's test yet)I will not have enough money to live on. Second big problem is I have nowhere to go. I have no family or friends to turn to. I thought If I simply do not sign her 10 year card application she could not get the green card but I am learning there are many ways around that. HELP ME IF YOU CAN!

[belinda63 2,981]

Most of the issues you have raised have to do with family law. I would suggest you file for divorce if you are in misery being with her and allow a judge to decide what do do in regards to the property/living arrangements.

She can file for a removal of conditions without being married to you based on a marriage in good faith. She would have to show that she entered the marriage with the intent to remain with you as a wife and things did not work out. She would not have to file any claim of abuse to remove conditions.

The I-864 is a contract between you and the government not you and her. If she were to obtain means tested benefits the Government could sue you to repay them and note, if you have nothing they can take nothing. In no way does it obligate you to provide her with housing, food, a car, or anything else, that is for the family court to decide.

[cca 13]

Whoever signed the affidvait of support HAS and must by law support her antill she either becomes a USC or death. If you signed the affidavit then im just wondering how you are suddenly worried about not being able to support her as the government ask you to meet requirements in order to avoid this..eg, you must make enough above the poverty line they state (cant remember what this amount was) and a bunch of other things. If you signed and didnt meet these requirements they wouldnt have approved you.

Another things is, yes she can apply to lift the conditions by herself but she needs a substantial amount of evidence to prove the marriage was in good faith. If it was then chances are she will get her 10 yr green card. Its unfair of you to want to prevent her from doing this out of what seems like, bitterness.

I would just file for divorce, go your seperate ways and let her deal with the rest. Your concern now should be that you dnt want to be with her. You have control over that and can do something about it. The rest shouldt matter. What will be will be

[Boiler 43,680]

I have a situation that is not good. I currently live with my K1 wife and her son and she has her first green card. The nest step is for her to file for 10 year card. I am 64 and she is 42. I have not been happy with her since we married. I am on a fixed income and am on disability. I would love to move away but I can't afford to pay rent for another place. Every day I am with her it is agony. She has revealed to me she knows all the ways to get her 10 year card including claiming abuse. She also says that if we divorce I must support her based on the form 864. The problem is that if I am forced to support her and give her my car (she has not passed her driver's test yet)I will not have enough money to live on. Second big problem is I have nowhere to go. I have no family or friends to turn to. I thought If I simply do not sign her 10 year card application she could not get the green card but I am learning there are many ways around that. HELP ME IF YOU CAN!

There have been a few cases where the I 864 has been enforced, but it is very rare, she has a duty to mitigate her losses, ie get a job.

The issues you raise are as has been said mainly in the Family Court arena, you need a good divorce lawyer.

[chaz3414 0]

Most of the issues you have raised have to do with family law. I would suggest you file for divorce if you are in misery being with her and allow a judge to decide what do do in regards to the property/living arrangements.

She can file for a removal of conditions without being married to you based on a marriage in good faith. She would have to show that she entered the marriage with the intent to remain with you as a wife and things did not work out. She would not have to file any claim of abuse to remove conditions.

The I-864 is a contract between you and the government not you and her. If she were to obtain means tested benefits the Government could sue you to repay them and note, if you have nothing they can take nothing. In no way does it obligate you to provide her with housing, food, a car, or anything else, that is for the family court to decide.

Thanks, for your reply.

[Anh map 2,098]

Forget about sabotaging your wife's immigration status, there is little that you can do. If she gets welfare benefits they may seek repayment by you. You can't change your obligations via the I-864. Focus on the marriage/family court aspects.

[chaz3414 0]

Whoever signed the affidvait of support HAS and must by law support her antill she either becomes a USC or death. If you signed the affidavit then im just wondering how you are suddenly worried about not being able to support her as the government ask you to meet requirements in order to avoid this..eg, you must make enough above the poverty line they state (cant remember what this amount was) and a bunch of other things. If you signed and didnt meet these requirements they wouldnt have approved you.

Another things is, yes she can apply to lift the conditions by herself but she needs a substantial amount of evidence to prove the marriage was in good faith. If it was then chances are she will get her 10 yr green card. Its unfair of you to want to prevent her from doing this out of what seems like, bitterness.

I would just file for divorce, go your seperate ways and let her deal with the rest. Your concern now should be that you dnt want to be with her. You have control over that and can do something about it. The rest shouldt matter. What will be will be

Thanks for your reply. She was such a sweet girl before she came to the USA and she was turning into a controlling person before we got married but I ignored things feeling she would come around after we married. She just got worse and started a big ongoing fight with her son about his school. He is on the honor roll but to her it is not good enough. As far as meeting requirements of 864, I did. But, after we married I bought a new car and spent more money than I should have supporting three people with rent and car payments and all the other things. If I had to fill out an 864 today, I would not qualify. My big question is that I am on Disability and can they take my benefits away to pay for her and frankly I am very depressed as to the position I am in. I just need some good information that will help my stress. She is from China and seems to have her own forum of Chinese girls to give her every angle and advice.

She promised me she would take 2 years to get used to the USA and then find work. I have driven her to school every day for almost two years and all she has are plans to go to more school. School is ESL and she takes an accounting class at a local college which will lead nowhere. She was an accountant in China and has no plans to find a job. She wants to get a Master's degree and she still is learning English. AT any rate according to her plan she will be in school for at least 5 or 6 years from the time I married her. That is not what we agreed upon. The real problem is her treatment towards me demanding I behave a certain way and it is awful. So I am looking at supporting her for another 3 years and then her son will be of college age. She talks down to me and makes me feel like sh-t. I feel like a big rope is around my neck and the weight is unbearable. How can I live with her if I file for divorce. I am despondent over all of this.

[VanessaTony 3,567]

Okay you need to think calmly and rationally. First I DON'T think you sound bitter and instead I think this CCA person is completely off base.

First to make you feel better about divorce:

- You have been married for such a short time it's unlikely she'll get any alimony

- Your state rules will dictate whether she's entitled to a 50/50 split of assets so you'll need to see a lawyer about that

Regarding immigration:

- She doesn't need to claim abuse to get her 10 year GC. But she DOES need to be divorced if you don't want to file it jointly

- The I-864 is still in force but you don't have to give her money, or a car or anything like that unless a court decides you should (which is rare because she's not a party to the contract, the government is). It's only if she claims means-tested benefits... and she's not eligible for those till she's been an LPR for 5 years anyway

Basically you need to divorce her first and I would see a lawyer (without telling her 'cause she'll just get mean) to get advice on your state laws first so you know what you're in for. The house situation is something you should discuss as well. Problem is she isn't earning any money so they'll probably give her the apartment but she'll need to have money to pay rent so I don't know how that will work :S When you file for divorce I would probably file a protection order against her 'cause she sounds like she might spaz out a bit. I would also try very hard not to be alone with her at ANY stage so she can't accuse you of abuse. While she doesn't need to claim abuse to get the 10 year card, sounds like her friends are telling her she has to so you could get into trouble.

Good luck!

[rika60607 215]

CCA is indeed off base on that one. You are under no obligation to give her money because of Affidavit of support. Anything that you may have to give to your hopefully soon ex-wife is whatever family court decides you should.

Get a divorce, get a lawyer to help you... immigration issues are her issues, not yours. So let her deal with those. Anyway, she should not be eligible for any means tested benefits until she's had her GC for 5 years.

[^KK^ 3]

I hope everything gets sorted out. I'm sorry you are depressed.

[chaz3414 0]

thanks

[Dave-n-Oksana 49]

She promised me she would take 2 years to get used to the USA and then find work.

Chaz, based on the above statement and your original post, I think that this woman is not interested in working and is expecting you to take care of her for the rest of her life. If you are as miserable as you sound, I would echo the advice given and talk to a lawyer. Do it as soon as possible to protect yourself. I understand your fears and concerns but I think worrying about what may happen would be less stressful than what you are going through now.

Dave

[SuperDuper! 230]

OP, did you think about offering her and son a one-way ticket back home, so you can both think clearly and sort things out? Good luck to you.

[Daniel&Theary 30]

I know this sounds bad but she can not file abuse with out police reports there fore let her file false police reports that would get here GC taken away. Ok maybe not the best idea but I went threw the same thing with my ex wife. Since she worked I was not ordered to pay her anything. A judge should not take your car away if you only have one and it was purchased prior to marriage and if you are on a fixed income a judge would not have much money to award her right. If she tries to go on public assistance they may ask for you to pay them back. Sorry for the problems sounds like you found a greedy one. It is a shame too, so many good people out there.

[SHIAN 0]

when she files for the 10 year green card do not support it or divorce her whichever comes first, if she's gonna file based on marriage it would be misleading since you are no longer having a solid relationship, I doubt if she can file on her behalf without your support since she has no income to prove she would be able to support herself. and the claiming of abuse thing wouldn't stand without police records so it was a bluff

most likely scenario, if she wasn't able to file the 10 year greencard and her two year greencard expires because you wouldn't help with your signature and income tax returns and all the evidences of a bona fide relationship then she will be out of status and she has to leave the country and you do not need to worry about the affidavit of support the you signed before because if she is out of status she can't ask for the affidavit of support to be enforced since she's in the country illegally

let her apply for the 10 year greencard by herself and see how it goes

that't the reason there's a 2 year conditional greencard to see if the marriage will work, since its not working there's no need to apply for the 10 year greencard for whatever reasons there are.

use your better judgement