Desertion by Spouse

[alone1 1]

Hello All,

My first post to the forum. I really need some knowledgeable advice. My wife who came into the US a little more than 2 months ago on a CR-1 visa has disappeared, deserted me. We have been married 1 1/2 years and I have been her sole means of support. The marriage has never been consummated and she lived in the guest bedroom since arrival in the US. I have strong evidence she was having an extra marital affair starting the first month after she arrived. I have no idea where she is nor will she answer her phone.

My question, I plan to divorce her which I can do in 30 days for non consummation of the marriage or I could wait for a year and divorce her for desertion of the marriage. Is their any reason to file now ( from immigration point of view) ? The AOS would still be in effect either way. And considering the amount of money I have spent on here support, immigration fees, airplane fees, etc, I do not want to give my wife the opportunity to shop and possibly marry another man on my dime. She committed fraud. I believe she also has her green card. I have no plans to remarry at this point or even to date at this point. When I do, when it is to my advantage, I will file for divorce on the grounds of desertion

Any thoughts would be much appreciated.

[Penguin_ie 5,994]

*** Moving from General Immigration to Effects of Major Changes forum for better answers *****

From an immigration point of view, it does not matter which reason for divorce you choose. If you have good evidence that she comitted fraud, send it to USCIS and they MAY look into it, but unfortunately, they probably won't.

[alone1 1]

But when it comes time for removal of conditions (if she stays that long) she will have to show that our marriage was a valid one. She has no evidence that it was.

[Penguin_ie 5,994]

No, she can also file after divorce, then she only has to show it was a valid marriage when she entered it. Considering you were married for 1.5 years, it will be hard to argue it was not a valid marriage to start. The non-consumation... well, not wanting to be graphic but if she denies it there is no way to prove that you never consumated the marriage.

[alone1 1]

I guess I should have stated that she signed an affidavit of non-consummation. Yes, she could divorce me when she can afford to do so.. She was concerned that the divorce would not be recognized in the Philippines as their is no divorce there. The only divorce recognized is when a foreign national divorces the spouse through fault. Should she decide to divorce me here, it would not be recognized in the Philippines and .thus any future marriage would not be recognized as a valid marriage.

[alone1 1]

I'm sorry, but I am very angry about this deception. She used me. She used the marriage to suck full support out of me. She sat home, did not work and I paid all of her living expenses. I feel no need to please her any further nor to open any doors for her.

[alone1 1]

She can not, nor will she ever be able to show co mingling of assets because there is none.

[Boiler 45,670]

There is a near identical thread elsewhere, he is a bit further in the process than you are and has filed for an annulment.

[CowBoE 429]

Yup...sounds like you got a rotten deal on this.

There are good woman out there.

Take care of yourself, and cut off all benefits you are giving to her.

[VOL 425]

The only divorce recognized is when a foreign national divorces the spouse through fault. Should she decide to divorce me here, it would not be recognized in the Philippines and .thus any future marriage would not be recognized as a valid marriage.

From what I have read as long as you get a divorce in USA then the divorce will be upheld in Philippines.

[VOL 425]

I guess I should have stated that she signed an affidavit of non-consummation.

If it was me I would try to get the marriage annulled since she signed a Non-Consummation affidavit. I would also get a info pass and turn her into USC for Fraud.

[alone1 1]

From what I have read as long as you get a divorce in USA then the divorce will be upheld in Philippines.

From my reading a divorce is only recognized if the foreign spouse divorces the Philippine national., not the other way around . It also has to be by fault, a no fault divorce is not recognized. This is all in regard to the Philippine government of course..

[Boiler 45,670]

Wonder why it matters.

[seanimo 32]

http://www.visajourney.com/forums/topic/504468-finally-am-forced-to-admit-being-scammed/

Here is a link to something I read before. Hope this helps.

[waka1 28]

A few years ago when I got introduced to the women in the Philippines I did a bit of research on the subject of separation, annulment and divorce.

It was my understanding if she married you in the US or any other Country if the husband refuses to consent to divorce in his country then the marriage is still valid in the Philippines. Her only option is to file for annulment and out of many hundreds of Filipinas, I only knew three that were able to secure a valid annulled marriage and it was hugely expensive and time-consuming. I have heard talk of change in this regard but don't know what the current laws are...

If she goes back to the Philippines with a still married status, she won't be doing any more foreign fishing for free rides. That would be a shame