woman travels to USA...after marriage, husband does not want her now!

[cwaf 1]

hello,

This is about a friend of my wife's niece. My wife came from Ukraine in 2008 and is now a US citizen. The niece came in 2011 and married. The niece's friend came from Ukraine, with her young son, in late November 2012. She married the man in December, but now the new husband does not want her or her son, and wants her to return to Ukraine. (He even went so far as to tell an attorney this week that their marriage is a fake.) The woman told the niece that the man is 100% different then when they were dating.

some background: the man is 52 yers old, is a naturalized US citizen for about 16 years, and still lives with his mother. He travelled to Ukraine 3 or 4 times to visit the woman and sent her money all the time. The woman is 23 years old and the son is 4. (yes, the ages are correct) He paid all the money for the visa applications and her travel to the USA. Now he is telling her to get out! He has told her to go find a job even tho she is not allowed to work yet. He told he he will not submit any more paperwork for her and will not pay a dime for anything for her. He calls her and her son "stupid" all the time. He has not abused her physically--yet--but mentally and emotionally she is going through hell. She speaks no English.

The woman really has nothing to go back to in Ukraine now and has no money. My wife's niece and husband have been trying to help her and convince the man to get his act together. The man refuses. The niece lives in California and the woman in New York, so they cannot help physically.

I have questions because if I am not mistaken, the man signed the affidavit of support, guaranteeing he will support her for 10 years. How can she get that enforced? She is really just giving up and is willing to return with her son to Ukraine, but has no way (financially) of traveling. Then there is the issue of the marriage and the need for a divorce. Her fiance visa expires later this month. If the man did state to an attorney that their marriage is a fake, then there will be no way she can get a green card based on that marriage. She is really in a bad way now and there is fear for her safety while with him. She is helpless and trapped now.

Who can she turn to? I told my wife that worst case scenario, I will drive from our house (Indianapolis) to New York and pick them up and bring them back to our house. However, I am currently unemployed (it sucks) and we definitely cannot afford to suppport the additional mouths for long. The niece has her own son and their financial situation will not allow them to assist financially, either.

any help/ideas would be great!

[X Factor 1,110]

Very sad

[LIFE'SJOURNEY 970]

hello,

This is about a friend of my wife's niece. My wife came from Ukraine in 2008 and is now a US citizen. The niece came in 2011 and married. The niece's friend came from Ukraine, with her young son, in late November 2012. She married the man in December, but now the new husband does not want her or her son, and wants her to return to Ukraine. (He even went so far as to tell an attorney this week that their marriage is a fake.) The woman told the niece that the man is 100% different then when they were dating.

some background: the man is 52 yers old, is a naturalized US citizen for about 16 years, and still lives with his mother. He travelled to Ukraine 3 or 4 times to visit the woman and sent her money all the time. The woman is 23 years old and the son is 4. (yes, the ages are correct) He paid all the money for the visa applications and her travel to the USA. Now he is telling her to get out! He has told her to go find a job even tho she is not allowed to work yet. He told he he will not submit any more paperwork for her and will not pay a dime for anything for her. He calls her and her son "stupid" all the time. He has not abused her physically--yet--but mentally and emotionally she is going through hell. She speaks no English.

The woman really has nothing to go back to in Ukraine now and has no money. My wife's niece and husband have been trying to help her and convince the man to get his act together. The man refuses. The niece lives in California and the woman in New York, so they cannot help physically.

I have questions because if I am not mistaken, the man signed the affidavit of support, guaranteeing he will support her for 10 years. How can she get that enforced?

She is really just giving up and is willing to return with her son to Ukraine, but has no way (financially) of traveling. Then there is the issue of the marriage and the need for a divorce. Her fiance visa expires later this month. If the man did state to an attorney that their marriage is a fake, then there will be no way she can get a green card based on that marriage. She is really in a bad way now and there is fear for her safety while with him. She is helpless and trapped now.

Who can she turn to? I told my wife that worst case scenario, I will drive from our house (Indianapolis) to New York and pick them up and bring them back to our house. However, I am currently unemployed (it sucks) and we definitely cannot afford to suppport the additional mouths for long. The niece has her own son and their financial situation will not allow them to assist financially, either.

any help/ideas would be great!

First, let be clear this STATEMENT IS NOT CORRECT.

Now on to some clear questions and answers, has the wife AOS her status yet? Do she have a GC?

[cwaf 1]

First, let be clear this STATEMENT IS NOT CORRECT.

Now on to some clear questions and answers, has the wife AOS her status yet? Do she have a GC?

interesting..I thought I read that on one of the forms I signed before bringing my wife here. Nonetheless, as my description states, they married in December, her fiance visa expires in late february, and he is refusing to file any paperowkr or pay for anything. So, no, AOS has not happened and with him declaring the marriage is fake, it is unlikely it ever could.

[TimeTravel 78]

He has not yet filed I-864, that is why he is still under no commitment to support for 10 yrs. K1 is a non-immigrant visa.

[LIFE'SJOURNEY 970]

The finanical forms is only forceable by the government for services used by the LPR of government funds.

If no AOS file, than the wife is/will be out of status. If the husband is filing for a divorce than her only re-cource is to return home. Since she has no basic to file an abuse claim. Fallen out of love doesn't consiue abuse.

Edited February 7, 2013 by LIFE'SJOURNEY

[Boiler 43,659]

Perhaps you could club together to pay for the air fares?

The I 134 is not enforceable.

[LIFE'SJOURNEY 970]

He has not yet filed I-864, that is why he is still under no commitment to support for 10 yrs. K1 is a non-immigrant visa.

Let's be clear the 864 does not committ an individual to support anyone for 10 years.

Edited February 7, 2013 by LIFE'SJOURNEY

[Villanelle 4,121]

You have a lot of people mentioned in your story, the long and short of it is- theres a woman who came on a K1 visa with her son (hes on a k2) she arrived in Nov 2012. Married in Dec 2012. Her K1 expires Feb 2013. They have not filed for AOS. The USC husband does not want to file for AOS. He wants a divorce/wife to go back home.

Heres the facts. The wife can not file for AOS on her own(not for her or her son, to keep this less complicated Im just going to refer to this as her from now on and omit the child, but the child is included). It has to be done through her USC husband. The only way she can file for AOS on her own is through a VAWA abuse claim. Because her husband is not physically abusing her she has no basis for a physical abuse VAWA claim. You made a partial mention of mental distress. W/O knowing her mental condition she might and Im hesitant to even say might qualify to file a mental abuse VAWA claim to adjust status but mental abuse VAWA claims are extremely difficult. They require the alien to have a psychological exam done, they have to have a diagnosis of PTSD or severe anxiety or depression. They had to be a victim of extreme mental cruelty by the USC spouse. (you can read about VAWA experiences in the VAWA thread on this forum) VAWA claims to adjust status take a long time to process. There are ways to file for work permits through the process, but its also slow.

Re the aff of support. The 134 he filed is only valid while the K1 is in effect (90 days). Most states will not give welfare benefits to aliens, espc someone on a 90 day visa. She could attempt to go down and collect benefits, but she may not qualify for anything.

If you were to pick her up and return her to your state, right now she is a K1 visa holder with her visa expiring around feb 2013. If she doesnt file for AOS with her spouse she will be out of status. Theres no aff of support covering her. I do not know if your state would give her welfare benefits. She will have no way to adjust status like I said w/o filing a VAWA claim. She wont have work auth, and she technically can stay in the US. If shes stopped by immigration or arrested by the police and they run her prints when shes out of status, they will discover shes out of status, they will require her to either adjust her status or leave the US (w/o her husbands support, shell have to leave)

If shes eligible to file a VAWA claim then shes not out of status, shes in a period of auth stay while her AOS is pending.

[cwaf 1]

interesting..I thought I read that on one of the forms I signed before bringing my wife here. Nonetheless, as my description states, they married in December, her fiance visa expires in late february, and he is refusing to file any paperowkr or pay for anything. So, no, AOS has not happened and with him declaring the marriage is fake, it is unlikely it ever could.

I found this website: My link

this part applies even though she is not yet a permanent resident:

"3. What are the legal ramifications when a U.S. citizen and a lawful permanent resident decide to get divorced?

Many U.S. citizens are very surprised to learn they are still financially liable to their spouses who obtained their immigrant status through marriage. When U.S. citizens marry foreign nationals, they commit to financially supporting their immigrant spouses by signing Form I 864, Affidavit of Support.

A divorce does not terminate that financial support obligation. Even when no longer married, the U.S. citizen remains financially liable for support, until the sponsored immigrant:

The sponsored spouse becomes a U.S. citizen;

The sponsored spouse is credited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work;

The sponsored spouse becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required;

The sponsored spouse ceases to be a lawful permanent resident and departs the United States; or

The sponsored spouse dies.

In other words, the U.S. citizen spouse, even if divorced must provide any support necessary to maintain the immigrant spouse at an income that is at least 125 percent of the Federal Poverty Guidelines for their household size (100 percent if the U.S. citizen is on active duty in the U.S. Armed Forces). If the U.S. citizen does not provide sufficient support, the immigrant spouse may sue the U.S. citizen for this support.

If a federal, state or local agency, or a private agency provides any covered means-tested public benefit to the immigrant spouse, the agency may ask the U.S. citizen to reimburse the agency for the amount of the benefits it provided. (Means‑tested benefits include food stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF) and the State Child Health Insurance Program (SCHIP).)

If the U.S. citizen does not make the reimbursement, the agency may sue the U.S. citizen for the amount that the agency believes it is owed. If the U.S. citizen is sued, and the court enters a judgment against the U.S. citizen, the person or agency that sued may use any legally permitted procedures for enforcing or collecting the judgment. The U.S. citizen may also be required to pay the costs of collection, including attorney fees"

[belinda63 2,981]

If he were a real man he would at least pay for her return tickets. Worse case she can contact her embassy and ask them to pay for her and the son to return home. The spouse has no legal obligation to her.

[belinda63 2,981]

He never signed an I-864 so he has no legally binding obligation. Even if he did (which he doesn't) it is a contract between him and the US government, not him and his wife. I believe a handful of cases have been won in Federal court but what would be the point? She would have to have lots of money for court fees and an attorney plus years of waiting. How is she going to do this from the Ukraine?

[Boiler 43,659]

You did not mention that the link was from a divorce Lawyer, not an Immigration Lawyer. As the I 864 is not in force it is irrelevant and also misleading.

[Villanelle 4,121]

this part applies even though she is not yet a permanent resident:

Her husband signed an affidavit as her fiance to support her during her fiance visa - 90 days. He would have to sign another affidavit to cover her for when she becomes a LPR. He has not done that yet.

[cwaf 1]

You have a lot of people mentioned in your story, the long and short of it is- theres a woman who came on a K1 visa with her son (hes on a k2) she arrived in Nov 2012. Married in Dec 2012. Her K1 expires Feb 2013. They have not filed for AOS. The USC husband does not want to file for AOS. He wants a divorce/wife to go back home.

Heres the facts. The wife can not file for AOS on her own(not for her or her son, to keep this less complicated Im just going to refer to this as her from now on and omit the child, but the child is included). It has to be done through her USC husband. The only way she can file for AOS on her own is through a VAWA abuse claim. Because her husband is not physically abusing her she has no basis for a physical abuse VAWA claim. You made a partial mention of mental distress. W/O knowing her mental condition she might and Im hesitant to even say might qualify to file a mental abuse VAWA claim to adjust status but mental abuse VAWA claims are extremely difficult. They require the alien to have a psychological exam done, they have to have a diagnosis of PTSD or severe anxiety or depression. They had to be a victim of extreme mental cruelty by the USC spouse. (you can read about VAWA experiences in the VAWA thread on this forum) VAWA claims to adjust status take a long time to process. There are ways to file for work permits through the process, but its also slow.

Re the aff of support. The 134 he filed is only valid while the K1 is in effect (90 days). Most states will not give welfare benefits to aliens, espc someone on a 90 day visa. She could attempt to go down and collect benefits, but she may not qualify for anything.

If you were to pick her up and return her to your state, right now she is a K1 visa holder with her visa expiring around feb 2013. If she doesnt file for AOS with her spouse she will be out of status. Theres no aff of support covering her. I do not know if your state would give her welfare benefits. She will have no way to adjust status like I said w/o filing a VAWA claim. She wont have work auth, and she technically can stay in the US. If shes stopped by immigration or arrested by the police and they run her prints when shes out of status, they will discover shes out of status, they will require her to either adjust her status or leave the US (w/o her husbands support, shell have to leave)

If shes eligible to file a VAWA claim then shes not out of status, shes in a period of auth stay while her AOS is pending.

I guess I am still confused about the support affidavit of support unless it does not apply to her since they have not yet filed for AOS. I understand that she cannot do that on her own and my retrieving her would only serve the purpose to give her shelter until she makes other arrangements. I cannot afford to have her living here for very long at all. She is willing to go back to Ukraine, but how to get him to pay for the flight and her train fares once in Kiev? (They would still have to travel another 12 hours to their hometown in southern Ukraine.) Plus, how does she get a divorce? Apparently their marriage certificate has not yet arrived (they were mmarried in Miami)--according to him.

sorry for all the details, but just want to provide enough information from which to make wise suggestions.

Her husband signed an affidavit as her fiance to support her during her fiance visa - 90 days. He would have to sign another affidavit to cover her for when she becomes a LPR. He has not done that yet.

ahh..thanks for clearing that up.