Divorce within 90 days of fiance's arrival

[novedsac 355]

... I would ... and I would sue her for libel to protect my name and records ... then she would have to prove it

In most states, if not all of them, you cannot sue your spouse for libel.

Besides, when you sue for libel the burden of proof resides with you, not the one you are accusing of libel.

[mike56427 6]

.. you can definitely sue your spouse for defamation ... and if he is not guilty, I trust the police will come to the same conclusion ... and there is his proof.

In most states, if not all of them, you cannot sue your spouse for libel.

Besides, when you sue for libel the burden of proof resides with you, not the one you are accusing of libel.

[Iam_broken 3]

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?

This is what my husband thought when after marriage, he told me to go home because he is not ready for a married life..yes, I was hurt..and I don't want to go home not because I wanted to live in the US but because I have chosen to be with him.It just happened that he lives in the US. It hurts a lot when the guy you love accused you of that..not even thinking that you left everything just to be with him..plus the betrayals..and the lies that I have found out..he booked me a flight thrice, the 2 flights were cancelled because he said, he wanted our marriage to work..but it seems that he wasn't doing anything to make it work..he does not even want to file our marriage license to the county,he even said that I am just after the green card..it hurts..so I said, for the 3rd time, book me a flight..I am going home..maybe going home will give you more time to think what do u really want in life..he took me to the airport, then when I was in Detroit, he told me that he is ready for a married life, that he loves me, and asked me to go back with him.. I said NO..I am going home..so I went home..

I am back to my country and working already. My husband?he realized what he lost when I went home..we are still communicating and I still love him..I left him because I wanted him to realize what he wants in life.so right now, he will be submitting our documents for the k3 petition..

[Gosia & Tito 199]

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.

With such a short marriage, very doubtful she would get any financial advantage. However, you need to separate financially, asap and while a divorce is in progress: menaing separation agreement that you can file in court to protect yourself. As your wife, any debt she gets, it's yours as well.

Filing for domestic abuse and proving it are two different things.

Separate the legal aspects from the immigration ones.

Once she realizes the mistake she's made, she might "forgive" you and decide to return home. Be very careful to not be alone with her.

You can't "send" her back, she has to leave on her own.

As others have noted, you can't have her deported, it's not up to you. All you can do is divorce her. That will depend in some measure on the state you are (some have waiting periods etc.

You might want to do a quick consult with a family attorney as to the divorce to see if there are other things you need to protect yourself.

It all can be a ploy as you say, but let it go. Divorce and move on. What happens afterwards is not your problem. Since you marry, the 90 days is no longer in play. She will need to AOS, etc. She might or not get her way in there, but again, not your problem. Move on.

[Darnell 8,478]

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?

if no Adjustment of Status (AOS) case filed after marriage,

then

her legal status is governed solely by the I-94.

Your financial obligation is covered on the I-134 during the duration of validity on the I-94, but the I-134 is not enforce-able.

Deportation not hinge on divorce / marriage status - it solely hinges on I-94 status, if no AOS filed.

With that said, she isn't deportable on day 91 - she'd have to be out of status some time after (what is it - 180 days after I-94 expiration? unsure).

If you've no intentions to carry on with her, then you file the divorce now and get on the court's calendar/docket.

[Darnell 8,478]

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

It really depends on her coach and the quality of information the coach gives to her, and your wife's ability to follow the right instructions from a coach.

In essence, your wife could file a VAWA case, and scamper.

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.

You should think that the coaching sessions were successful.

[Darnell 8,478]

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.

Is quite possible, depending on the arrangement with her coach and the abilities of her lawyer.

Remember - the human that files for divorce controls all in the divorce proceedings.

Be First, IMO, to file the divorce petition (you). You not need a lawyer to file, you could file first thing on Monday Morning if you prepped all this weekend.

[Darnell 8,478]

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?

For a Domestic Violence case, absolutely. If your attorney needs coaching on how to fight visa scammers, let me know on my profile.

But how can she stay here? If she hardly speaks English. Has no money. No job. No relatives. Her father will tell her to come back. And I won't cooperate to change her status. Looks to me like she can't gain anything by staying. Especially once I prove that the domestic violence charges are bogus.

She has a coach already and is on step 3 of the VAWA Scammer Guide.

[Thanks 2]

Thanks Darnell. If I don't find a lawyer by Monday, can I just go to the court house myself and file for divorce? And in instances like this, do you file for something specific? Other than the obvious dubious Marriage

[Darnell 8,478]

How about filing marriage annulment based on fraud?

Yup Yup. This is a better path, has more power behind it when the annulment is reviewed by USCIS, as compared to a divorce document.

[Darnell 8,478]

Thanks Darnell. If I don't find a lawyer by Monday, can I just go to the court house myself and file for divorce? And in instances like this, do you file for something specific? Other than the obvious dubious Marriage

filing is easy. you'll have to prep a petition for divorce, and those are specific to each state.

templates can be found NOW online, both free and paid, that you can use in a word document.

as to using a cause for divorce, I would have to think about this to give you a pointed , focused answer.

You can file NOW (on Monday morning, 8 AM) and then attach an attorney to the case later.

Edited March 15, 2014 by Darnell

[Thanks 2]

Annulment based on fraud? I'd rather do that then if it'd going to b we better. Also done at the courthouse?

[Darnell 8,478]

yup yup - that's sounding 'a better title' all the way round.

as to where to file it - it's the same place you file for divorce,

usually a county courthouse. you'll have to study a bit on your state and county websites for how to file for divorce, and also learn what the causes for annulment are, even, indeed, learn if annulment is allowed in your state.

[Thanks 2]

Gotcha. I'm already looking for domestic violence attorneys. and I checked, My state allows annulment based on fraud. I'll do this first thing Monday.

[Darnell 8,478]

cool ! find some templates for your state (free or pay a fee) and use them this weekend.