Divorce within 90 days of fiance's arrival

[Thanks 2]

Hi Everyone.

I need some help please! i brought my fiance here to the states. shortly after getting here we got married. she got here on the 17th of jan.

now that shes here, i see that it was more of her wanting to come to the states rather her wanting to be with me.

long story short, i want her to get out of this country and go back to her homeland. i havent dont any paperwork for her after she got here. No social security card either. we got married. thats all we got. if we divorce, can she be deported or taken out of the country at the end of the 90 days? what can i do to get her to leave. because she does not want to go back. what can i do?

Edited March 14, 2014 by msayed

[aaron2020 11,651]

Divorce and move on.

Since you have not filed to adjust, she becames a K-1 visa overstay after her 90 days.

You cannot do anything to deport her.

You cannot do anything to make her leave.

If she chooses to remain and be a visa overstay, you cannot do anything.

Divorce and move on. You are not on the hook for anything. Let her make her choices and let her be.

[Merrytooth 5,748]

You should be careful, avoid being alone with her in the house (or anywhere), in case she files domestic violence charge against you and applies VAWA on her own.

[David & Diana R 1,005]

Hi Everyone.

I need some help please! i brought my fiance here to the states. shortly after getting here we got married. she got here on the 17th of jan.

now that shes here, i see that it was more of her wanting to come to the states rather her wanting to be with me.

long story short, i want her to get out of this country and go back to her homeland. i havent dont any paperwork for her after she got here. No social security card either. we got married. thats all we got. if we divorce, can she be deported or taken out of the country at the end of the 90 days? what can i do to get her to leave. because she does not want to go back. what can i do?

Start a timeline. That will help others to help you.

[Thanks 2]

Wait she can stay here past the 90 days? How will she ever get any citizenship? Or anything without my support? I don't understand

[aaron2020 11,651]

Wait she can stay here past the 90 days? How will she ever get any citizenship? Or anything without my support? I don't understand

Like the other 12,000,000 illegals in the US, she can choose to stay and be among them.

She is never going to get US citizenship under current laws.

Don't mistake her ability to stay here illegally to mean she is getting anything.

Until her I-94 expires, she is here legally. After that she can simply disappear and become illegal. The reason she can do that is because no one is going to be there on Day 91 to deport her.

[novedsac 355]

Your're biggest concern should be getting her out of your home. You're married now … she has as much right to stay there as you do. You may find yourself kicked out of your home on trumped up charges of abuse.

If she doesn't want to go back to her country … and she has nothing to go back to (i.e., job, adequate living conditions, etc.) … then there is probably very little you can do to encourage her to change her mind. Perhaps better to move out temporarily to protect yourself from false accusations and file for divorce immediately. Considering the very short duration of the marriage, it is highly unlikely she will remain in the home very long and that you'd be on the hook for more than a ticket to her home country and some funds to cover her expenses for a month or two. As a K1, she has absolutely NO chance of remaining in the USA with a legally viable future without your cooperation on adjustment of status. Unfortunately, it's going to take awhile for her to understand this … and even then she may not accept it if she's heard various stories from friends, relatives, etc.

If she does file a VAWA claim … don't worry about the claim with USCIS because there is zero repercussion on you … but do protect yourself from very real accusations to police that may end up with the need to defend yourself in court.

[Thanks 2]

Well I got home today and she's gone. Packed up her stuff. Come to find out, she filed for domestic violence. #######. I'm in shock. Idk what to think even.

[Thanks 2]

With her being my wife. Can she file for divorce and gain anything even though she's got no status here? My house? She's in a safe place according to the police. I talked to her dad and sister overseas and told them that I'm sending her back. They're in agreement. I think this is all a ploy for her to ditch me and stay here.

[Golden Gate 530]

Well I got home today and she's gone. Packed up her stuff. Come to find out, she filed for domestic violence. #######. I'm in shock. Idk what to think even.

What proof does she have of domestic violence? What did the police tell you?

You haven't been married long enough for her to get anything of yours. However, it seems she is trying to set up a VAWA case. You should talk to a lawyer.

Edited March 15, 2014 by Golden Gate

[Thanks 2]

And how come she can't get deported if she's past her 90 days or "illegal"

I'm sorry if I'm asking a lot of questions. But I'm stressing. And I need help

[Thanks 2]

Golden gate. She has no proof. The police was only willing to say it was domestic violence within the house and she felt like she wasn't safe. I work from 8 to 6. And when I come home, I leave and go elsewhere like my mom's or friends because of the issues we been having and her pending departure. I haven't even yelled at her let alone laid a finger on her. But you never know in these cases. I feel like women get the benefit of the doubt.

[Golden Gate 530]

And how come she can't get deported if she's past her 90 days or "illegal"

I'm sorry if I'm asking a lot of questions. But I'm stressing. And I need help

The government is not going to waste money looking for every person who is here illegally. In fact, we have millions of illegal aliens here. Only those with felonies are likely to get deported.

Don't be alone with her and I would recommend you talk to a lawyer before you talk to her. She will try to set you up to make a case against you. Did she already file a restraining order against you?

[Boiler 43,433]

How do you intend sending her back.

You have been used, move on.

There are 10's of millions here illegally, she is not, so why do you think anybody would be interested in her?

[Thanks 2]

Well she's not home anymore. She's somewhere else safe from me. The cop said they're waiting for a domestic violence agent to be assigned to the case and then they'll wanna hear my side of the story. I'm going to tell them the truth. You think I should get a Lawyer?