Didn't work, won't return home..

[lee&jeniebee 23]

So I have helped several friends who have gone through the K-1 visa process, almost all are happy stories. The one who is not happy brought his wife here on a K-1 visa, they were married within the 90 days, but they were fighting some. Despite the fighting they applied for the Adjustment of Status, but now things have gotten worse. My friend wants to divorce his new wife and send her home to the Philippines. The problem is she will not leave. I have advised him to contact a lawyer so I hope he will, but I wish I could give him more advise.

What are his options? Should he now just move without her? I am worried with their fighting he will at some point be facing police and being accused of domestic assault or something. When they were having issues at first I advised them not to get married, and later I advised my friend not to petition for the AOS just because they couldn't get along, I knew that it wouldn't work out. Now it has come to this.

[Harpa Timsah 13,258]

If the AOS is not approved yet, then he should immediately withdraw his I-864. Do that first, then initiate divorce etc.

He cannot force her to be deported, but she will not have a path to legality.

[Ryan H 3,790]

Moved from General Immigration-Related Discussion to Effects of Major Family Changes on Immigration Benefits forum.

[lee&jeniebee 23]

If the AOS is not approved yet, then he should immediately withdraw his I-864. Do that first, then initiate divorce etc.

He cannot force her to be deported, but she will not have a path to legality.

All true, my thoughts exactly, but none of that will change the fact that she is in his house and there is nothing he can do about it other than move out himself from what I can tell. He rents so I guess the rental agency would evict her. Then there is that whole afidavit of support issue, which regardles of her status, she is entitled. He is in kind of a pickle it seems..

[Harpa Timsah 13,258]

All true, my thoughts exactly, but none of that will change the fact that she is in his house and there is nothing he can do about it other than move out himself from what I can tell. He rents so I guess the rental agency would evict her. Then there is that whole afidavit of support issue, which regardles of her status, she is entitled. He is in kind of a pickle it seems..

Um, no, not exactly.

Affidavit of support issue? You never stated if the GC was approved or not. She is not entitled to anything exactly. The husband could be sued by the government if she got welfare and other benefits.

So, the real question if whether or not she has been approved for AOS. Has she?

[lee&jeniebee 23]

Um, no, not exactly.

Affidavit of support issue? You never stated if the GC was approved or not. She is not entitled to anything exactly. The husband could be sued by the government if she got welfare and other benefits.

So, the real question if whether or not she has been approved for AOS. Has she?

She has not been approved for the AOS, she doesn't have an interview date yet, so that is not even close. I think she received her biometrics appointment but the date has not come for that. The girl will become a "public charge" at some point (I would assume) in the near future. She has no green card, no drivers license, no SS card, cant work. My friend is no longer enthusiastic to provide support for her as he purchased a $1500 plane ticket, drove her to the airport and she wouldn't get out of the car.

[VanessaTony 3,567]

She has not been approved for the AOS, she doesn't have an interview date yet, so that is not even close. I think she received her biometrics appointment but the date has not come for that. The girl will become a "public charge" at some point (I would assume) in the near future. She has no green card, no drivers license, no SS card, cant work. My friend is no longer enthusiastic to provide support for her as he purchased a $1500 plane ticket, drove her to the airport and she wouldn't get out of the car.

If he does NOT want to continue the relationship he must immediately withdraw his I-864. This will cancel her GC processing. The I-864 isn't binding until her GC is approved so he needs to act quickly.

Regarding her moving out. Well it's the martial residence so no she doesn't need to but I would have HIM move out asap. The problem with moving out and just letting her get evicted is he looks abusive. He is better off moving out and in with a friend and filing for divorce. He should not be alone with her to avoid threats of violence.

Most often during the divorce process he would need to continue to pay the rent on the premises and some "standards of living" he will probably need to provide her, an attorney will help him with that. He could ask for the residence in the divorce but she's not a resident so she doesn't have the ability to work and earn for herself and the judge would see that. He might also need to provide her with an allowance in the meantime.

MOST IMPORTANT - he needs to make an infopass and take in a letter withdrawing his i-864. He needs to do that ASAP. He should write letters to the office it was filed at (including all the info of hers he has) withdrawin his I-864. He should send these things certified or tracked so he has proof of when they were delivered.

[Harpa Timsah 13,258]

She has not been approved for the AOS, she doesn't have an interview date yet, so that is not even close. I think she received her biometrics appointment but the date has not come for that. The girl will become a "public charge" at some point (I would assume) in the near future. She has no green card, no drivers license, no SS card, cant work. My friend is no longer enthusiastic to provide support for her as he purchased a $1500 plane ticket, drove her to the airport and she wouldn't get out of the car.

Okay... so he needs to withdraw the I-864 and that will kill the AOS. He won't be "on the hook" for anything.

She will then become the master of her own decisions, and if she stays here, then she will probably get caught at some point and deported. If she doesn't get caught - then she can never become legal here, no matter what. He should buy her a ticket home, though, since she can't work and presumably has no money.

Action speaks louder than complaining about it.

Edited May 16, 2013 by Harpa Timsah

[Boiler 43,438]

He bought he a ticket.

[belinda63 2,981]

Because she came on a K-1 there probably won't be an interview. Thus the need to withdraw the I-864 NOW. Send a notarized, certified letter to USCIS and make an info pass appointment to withdraw it.

He needs to vacate the premises if she will not. Very probable she will try to claim domestic violence and file a VAWA claim when she realizes she cannot become legal. I have seen some immigrants who are coached in how to do this. Thus the need for him to leave, file for divorce, and never, ever be in the same place as her without witnesses.

But first, withdraw the I-864!

[Darnell 8,478]

withdrawing the I-864 puts a stop to her adjustment of status. A Full Stop.

The rest can be dealt with, but that one thing for immigration? Do Now.

[Autumnal 25]

Echoing the others on the thread: withdraw the I-864 asap, even if that means filing an Infopass appointment to see an officer face to face and have extra information provided. Once the I-864 is pulled, the AOS process ceases. It's up to the wife to figure out whether she will return or if she will stay (dealing with USCIS on her own).

Getting a good lawyer at this point would be essential for him. I don't wish to think ill of anyone, but the chance his jilted to-be-ex might try to sabotage his reputation is not outside the realm of possibility. Competent legal defense will protect him against abuse, abandonment, harassment, and rape claims. He may find it advantageous to keep an immigration attorney/specialist around too in case she starts trying to work the system.

Depending on his state, the divorce and separation terms are different. In nearly all, though, vacating the marital property is considered the starting date for a divorce/separation period. He should also make arrangements to protect his personal assets, including investments, inherited items, and personal items he brought into the marriage. Even in community property states, items that were his before marriage should remain his. But he'll want to remove them _now_ rather than later, especially if his wife wants to try to take Grandma's jewelry or sell other items for herself. It's been known to happen. A separation of bank accounts for his pay cheque and savings is also advisable, though I'd say how far he goes depends on the advice of his attorney and/or his understanding of his state's laws.

Echoing the others on the thread: withdraw the I-864 asap, even if that means filing an Infopass appointment to see an officer face to face and have extra information provided. Once the I-864 is pulled, the AOS process ceases. It's up to the wife to figure out whether she will return or if she will stay (dealing with USCIS on her own).

Getting a good lawyer at this point would be essential for him. I don't wish to think ill of anyone, but the chance his jilted to-be-ex might try to sabotage his reputation is not outside the realm of possibility. Competent legal defense will protect him against abuse, abandonment, harassment, and rape claims. He may find it advantageous to keep an immigration attorney/specialist around too in case she starts trying to work the system.

Depending on his state, the divorce and separation terms are different. In nearly all, though, vacating the marital property is considered the starting date for a divorce/separation period. He should also make arrangements to protect his personal assets, including investments, inherited items, and personal items he brought into the marriage. Even in community property states, items that were his before marriage should remain his. But he'll want to remove them _now_ rather than later, especially if his wife wants to try to take Grandma's jewelry or sell other items for herself. It's been known to happen. A separation of bank accounts for his pay cheque and savings is also advisable, though I'd say how far he goes depends on the advice of his attorney and/or his understanding of his state's laws.

[fantonledzepp 159]

If the AOS is not approved yet, then he should immediately withdraw his I-864. Do that first, then initiate divorce etc.

He cannot force her to be deported, but she will not have a path to legality.

This.

[bigdog 376]

I agree with all, withdraw and file for divorce immediately, see an attorney as maybe an annulment would work.

[Brian1967## 119]

If the i864 is enforced it would be rare, canceling would terminate the entire green card process that is for sure. Be careful to avoid the false VAWA claim. OP get out of there she can attack you and have you charged with DV, it will cost $1,000's to defend yourself even if the claim is false, file for an annulment after you cancel the I864, do no try even stare at your wife to long it could be mental abuse, do not do anything mean if you do, she will cry abuse, even a sneeze in her direction could be called abuse. The immigration system does not protect the USC but looks out for the immigrant! Do not believe anything USCIS says have them sign a note saying they got your letter at infopass appointment, then turn around a mail a overnight letter to where your paperwork is tack the package call the USCIS 1800 number tell them, keep good records and watch out for the false abuse claims

Edited May 17, 2013 by Brian1967##