Citizens Rights when Divorced K-1 in One Year

[aaastircrazy 2]

question.. i am a us citizen who brought future bride to the usa on k-1 visa and we married in texas in july, 2010. while she was still on the initial 2 year conditional resident visa, my spouse (immigrant) disappeared one day after an argument. i, the us citizen immediately filed for and received a legal divorce in texas. we have since tried everything possible to reconcile numerous times over the next 2 years (from divorced 07/2011 to 07/2013) but the marriage is not supportable. we have filed an i-751 as a couple and await response from immigration after they requested additional documentation of the marriage relationship. again, these document were filed as a couple. the us citizen has purchased airline tickets four times in 2013 requesting immigrant spouse to go home. she refuses to leave citizen's physical residence. she also refers to citizen spouse as such things as abusive and violent which is not true. my immigrant spouse speaks english but she does not fully understand the english language and how damaging her words can be to a man in the us. i feel my reputation is threatened by her and i believe she is extremely verbally abusive to me.

to complicate matters she has a 13 year old daughter living with us here in usa (attached to spouse's k1 visa). the daughter did return to her home country for over one year during the initial 2 year conditional resident visa. how did we get her back into the us? we just flew her back (with her mother) and hoped customs let her in. they did. the daughter now repeatedly refuses to leave the residence or the country. she just says "i won't go". i feel trapped. i feel i am being used to pay their expenses. we do not have a relationship. i do not know what i can legally do about this situation. their residence has been temporarily extended one year beyond the original two years while awaiting response to i-751.

note; she (spouse left the usa from 05/2011 to 07/2011 and from 04/2012 to 07/2012 (breakups)

the daughter left the usa with her from 05/2011 and did not return until 02/2013 (22 months).

here are my questions..at

what can the us citizen do to end this situation and get this woman to leave me?

will immigration extend her residence for another 10 years under this circumstance?

is the us citizen responsible for the immigrant ex-spouse's financial support forever in spite that we have not been married for two years now?

do you know how to find a texas immigration attorney that will advise the citizen?

final concern; it seems the immigrant has all the rights while the citizen does not have any???

[belinda63 2,981]

Since you are divorced why are they still living with you? And do you know it is immigration fraud to file the ROC jointly since you are divorced. She should have filed with a waiver after the divorce.

You are divorced, boot her out. What do the divorce papers say about the residence?

[HollyGolightly 72]

If she can prove bonafide good faith marriage (even if said marriage turned sour after) then I am afraid there is nothing you can do with regards the removal of conditions. However, since you no longer have a relationship with her, you will be within your rights if you refuse to support and ask her to move out. You are not responsible for her and her child (although they do remain under your charge as per I-864). You can probably append this life change to her I-765 application just to make the USCIS aware of your situation. But if they still opt to approve her the best option for you is to just kick her out of your house even if you can't get her kicked out of the country.

[Darnell 8,478]

do you want the domicile, or no ?

if no, simply remove yourself from it.

if yes, go back to the court where you filed the divorce, and file an addendum of domicile, asking a judge for a removal order on the foreign spouse and child. Usually (in Texas) a county constable can enforce the removal order, if arrangements are made through the judge and the court.

--

re: financial obligations - study the I-864 that you signed. it remains in place regardless of divorce, until she becomes a citizen or has given up residency in USA or has amassed 40 quarters of income from working.

Edited July 28, 2013 by Darnell

[aaastircrazy 2]

Since you are divorced why are they still living with you? BECAUSE WE TRIED TO RECONCILE IN SPITE OF THE DIVORCE

And do you know it is immigration fraud to file the ROC jointly since you are divorced. WE WERE COMPLETELY HONEST ABOUT THE SITUATION WHEN WE FILED FOR ROC, DOCUMENTS, DIVORCE DECREE, ETC.

She should have filed with a waiver after the divorce. YES PROBABLY

You are divorced, boot her out. What do the divorce papers say about the residence? DIVORCE PAPERS RELEASE ME FROM FINANCIAL RESPONSIBILITY AS TYPICAL, DOES NOT MENTION RESIDENCE. EASY TO SAY BOOT HER OUT BUT IF SHE REFUSES TO GO? SHE JUST REFUSES TO LEAVE! I CAN'T TAKE HER BY THE ARM AND PUSH HER OUT THE DOOR. THANKS FOR THE REPLY!

However, since you no longer have a relationship with her, you will be within your rights if you refuse to support and ask her to move out. YES BUT SHE HAS NOWHERE TO GO IN USA, NO MONEY. I CAN'T THROW THEM TO THE STREET. You are not responsible for her and her child (although they do remain under your charge as per I-864). ARE YOU SURE? You can probably append this life change to her I-765 application just to make the USCIS aware of your situation. I WROTE AFFIDAVIT 2 WEEKS AGO ASKING THEM TO CANCEL RESIDENCE. But if they still opt to approve her the best option for you is to just kick her out of your house even if you can't get her kicked out of the country. I GUESS USCIS WILL FIGURE SOMETHING OUT IN TIME?

[aaastircrazy 2]

do you want the domicile, or no ? YES MY RESIDENCE BEFORE THE MARRIAGE

if no, simply remove yourself from it.

if yes, go back to the court where you filed the divorce, and file an addendum of domicile, asking a judge for a removal order on the foreign spouse and child. Usually (in Texas) a county constable can enforce the removal order, if arrangements are made through the judge and the court. GOOD IDEA THANKS!

--

re: financial obligations - study the I-864 that you signed. it remains in place regardless of divorce, until she becomes a citizen or has given up residency in USA or has amassed 40 quarters of income from working. OUCH! HAS NOT APPLIED FOR CITIZENSHIP, DOES NOT WORK

THANKS TO ALL OF YOU FOR THE FEEDBACK!

[Darnell 8,478]

is ok - i used the word 'or' in the list, several times..

[belinda63 2,981]

I think you are a little upset and see yourself in a no win situation. The problem is you have tried to work on the marriage (forget this is an immgrant and imagine her as a USC wife) and the marriage will not work. Are both of you sure it will not work? Have you given up hopes of reconciling with her? If so it is time to move on. I imagine you are living in a roommate type of situation. You say she is hurting you with her words.Would you tolerate a roommate who was abusive and did not pay any of the bills?

Go back to court as Darnell suggested and have an order for her to be removed from the home. Have a date such as 60 days set. This is exactly what was done in my divorce, I was given 90 days to vacate the residence. No questions or excuses of where I would go, that was my problem. Of course she will not leave on her own, she has free room and board, I wouldn't leave either if I were her.

She can go where ever she wants, offer to buy her tickets home. But make it clear your home is no longer hers.

As to the affidavit of support that is between you and the government. You are not obligated unless you are court ordered to do so, to provide her with anything.

Edited July 28, 2013 by belinda63

[HollyGolightly 72]

I think you are a little upset and see yourself in a no win situation. The problem is you have tried to work on the marriage (forget this is an immgrant and imagine her as a USC wife) and the marriage will not work. Are both of you sure it will not work? Have you given up hopes of reconciling with her? If so it is time to move on. I imagine you are living in a roommate type of situation. You say she is hurting you with her words.Would you tolerate a roommate who was abusive and did not pay any of the bills?

Go back to court as Darnell suggested and have an order for her to be removed from the home. Have a date such as 60 days set. This is exactly what was done in my divorce, I was given 90 days to vacate the residence. No questions or excuses of where I would go, that was my problem. Of course she will not leave on her own, she has free room and board, I wouldn't leave either if I were her.

She can go where ever she wants, offer to buy her tickets home. But make it clear your home is no longer hers.

As to the affidavit of support that is between you and the government. You are not obligated unless you are court ordered to do so, to provide her with anything.

The problem is that OP does not seem to want her out of his home. At least, he does not want her forcibly taken out unless she consents to leaving herself. It seems you want her out but are not willing to get your hands dirty in the process. Perhaps you may still have feelings for her? Or maybe you're just too nice. If you won't kick her out yourself, I doubt the USCIS or the government will be able to help you.

[NigeriaorBust 4,087]

report the daughter for abandoning the green card by leaving for more than a year. Report the wife for immigration fraud you where divorced she can't file as married. ( you are also guilty )

[yorubaqueen13 28]

Maybe you (the USC) shuld find a tough American Girlfriend & move her in, n see how fast she boots out the x-wife??? Lol seems legit!!

[MR Marichu 1]

Go back to court? Why? he had the house before she got there, so I assume it iss still in his name. Call the police and show them the Deed and he will escourt them out immeadiately. No fuss no muss.

The real issue here is the man has a heart. I know how that is, my ex was supported fully in another home by me for 6 months after she left while we were, "working things out". Used me up big time during that time. But I was able to leave the relationship with a clear conscious... Worth a lot to me.

Until the OP decides he has truly had enough though, there is nothing to do. The truth is, you have worked on the issue, she has rejected you, so yes, you kick her out on to the streets. Harsh, yes... but SHE made that decision, not you. Hell you would probably let her stay indefinately if she just treated you with respect. She has chosen not to. What you are in danger of now is abuse claims, so be very very careful. I would worry, if I were you, that if you allow her to stay, some day she will have a bruise over her eye and the police will meet you at the door. I would suggest strongly that you end this now, forcebly, ESPECIALLY since there has already been abuse talk by her.

I know it sucks, but being used always sucks. It is up to you how long you allow it to suck. The fact is, there is no way to save this relationship. She is using you and that is all there is to it. The only question is how long will you endure it...

Sorry for you situation.

[amykathleen2005 441]

Either you want her there or you don't. You can't have both and she certainly is not leaving anytime soon.

[del-2-5-2014 1,339]

I'm completely and thoroughly confused by OPs actions so far and frankly lost for words. A rarity for me on VJ.

Good luck to all concerned.

[D N Medellin COL 75]

To the OP - the answer to your main post heading of "Citizens Rights when Divorced K-1 in One Year" is:

1. Financialy - Since you signed and approved as the sponser YOU are fully liable until a future date when certain conditions are met.
2. Divorce - You and your ex share the same rights and these are governed by the state you reside in.

Good luck to you both.