Jump to content
thegreatwm

Looking to get a divorce or annulment from k1 wife. How can I protect myself.

59 posts in this topic

Recommended Posts

I'll try to cut to the chase and make this as short as possible. I married a woman from Africa in good faith. I visited her several times, proposed, and started the k1 process. I truly thought this marriage was real and I met her a couple years ago. She's been here for a few months and since she got here, she's done a complete 180 with me. We used to talk about our plans for the future before she came here and we were in agreement about several things such as kids, house, etc. Anyway, she's done a 180 on almost everything and I feel like I've been duped. We had a discussion today and she is not going to change her thinking. I was also in the process of filing her adjustment of status along with the work authorization but she told me not to do it and that she would rather return to her home country. I'm all for that and she can leave today if she wants. The problem is I'm afraid that she might try to claim that I abused her or that I've done something to her and I could get kicked from my house, lose my job, etc......So what can I do to protect myself? Should I carry around a voice recorder at all times? Can I legally make her leave if we are still married? Lastly, it is easy to get an annulment or would I need to divorce her? I believe I was scammed for immigration purposes and to me, that should be grounds for an annulment. We've only been married for 3 months if that matters. Please help with any advice and thanks!

Share this post


Link to post
Share on other sites

Some of it can depend on where you live. Each state has their own laws regarding annulments and you need to search that.

 

As to protecting yourself, if she were really to want to try to blame you for abuse or anything, she could and I don't know what you could do.

 

If she wants to return home, then definately allow her to and the sooner the better to avoid any more issues between you two.

 

Sorry for how this all has worked out for you.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

Share this post


Link to post
Share on other sites

Since you signed nothing yet regarding to the I-864, you won't be responsible for her so that's a good thing. Avoid any situations where she could call the police on you and lie. If she wants to go back to her own country, find out how annulment/divorce works in your state and send her back. I'm sorry you have to go through this. 



 

Share this post


Link to post
Share on other sites

As long as she doesn't want you to apply for AOS for her and she would rather go back home , that means she hates being there , and I don't think she intends to cause you harm , all what she wants is to go back to her home country , I think she doesn't feel safe with you there , help her go back home and don't worry about your house , it obvious that you didn't even try to talk to her about what bothers her or made her change that way . 

Share this post


Link to post
Share on other sites
35 minutes ago, Ebunoluwa said:

Why do you suspect fraud when all she wants is to go home ?

 

Divorce, buy her a ticket home and move on.

I suspect fraud because after she came here, all our plans changed. She's just been trying to string me along by withholding sex, putting off our plans, refusing the change her name after we discussed it etc etc.....Anyway, I don't think she plans to return to her home country. She's already packed her bags and left out. I just came back to the house and she isn't here. As far as I know, she doesn't know anyone in our city so I'm guessing she knows someone and will stay with them? I don't know. She was hoping that I would beg her to stay but I'm not that type of guy, not anymore. Sorry if I'm all over the place but I'm just kind of emotional right now. I knew this was a bad idea in the first place and I should have trusted my instinct. I feel she will try to find a way to stay here legally.

Share this post


Link to post
Share on other sites
1 hour ago, kareelina said:

As long as she doesn't want you to apply for AOS for her and she would rather go back home , that means she hates being there , and I don't think she intends to cause you harm , all what she wants is to go back to her home country , I think she doesn't feel safe with you there , help her go back home and don't worry about your house , it obvious that you didn't even try to talk to her about what bothers her or made her change that way . 

No I think she intends to stay or else she wouldn't have tried so hard to come. She said all the right things before just so she could be here and from the first week she arrived, everything changed. We've been living like glorified roommates. I don't think it's fair that she can manipulate the system to try to stay here but I feel that this is what will happen.

Share this post


Link to post
Share on other sites

Sounds like a VAWA case, VJ has a forum for those.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
10 minutes ago, thegreatwm said:

I suspect fraud because after she came here, all our plans changed. She's just been trying to string me along by withholding sex, putting off our plans, refusing the change her name after we discussed it etc etc.....Anyway, I don't think she plans to return to her home country. She's already packed her bags and left out. I just came back to the house and she isn't here. As far as I know, she doesn't know anyone in our city so I'm guessing she knows someone and will stay with them? I don't know. She was hoping that I would beg her to stay but I'm not that type of guy, not anymore. Sorry if I'm all over the place but I'm just kind of emotional right now. I knew this was a bad idea in the first place and I should have trusted my instinct. I feel she will try to find a way to stay here legally.

Well, that certainly puts a new spin on things. Start the divorce proceedings for your state. Document everything. Have a witness on hand for any face to face situations. She has to have proof of abuse, file police reports, hospital and everything. Nobody can adjust for her. If she still wants a plane ticket then buy her one and make sure she gets on the plane and it takes off with her on it with no way for her to get off in this country.  You didn't file AOS and you didn't sign an I-184. You're not financially liable.

Edited by rcripps

 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

Share this post


Link to post
Share on other sites

Well if she stays here she will be illegal. As others have said never be alone with her and file for divorce and let USCIS know.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Share this post


Link to post
Share on other sites
10 minutes ago, rcripps said:

Well, that certainly puts a new spin on things. Start the divorce proceedings for your state. Document everything. Have a witness on hand for any face to face situations. She has to have proof of abuse, file police reports, hospital and everything. Nobody can adjust for her. If she still wants a plane ticket then buy her one and make sure she gets on the plane and it takes off with her on it with no way for her to get off in this country.  You didn't file AOS and you didn't sign an I-184. You're not financially liable.

She has no evidence because I never abused her. I gave her everything she wanted up until she left. There are no police reports, bruises, anything of that nature. There is nothing. After how everything went down today, I doubt I will see her again. We just had a small minor argument and she said she will go. Now she's gone and I feel like I'm going into shock. Couldn't she go somewhere and have someone rough her up purposely and then say I did it? Since she isn't here now, is there anything I can do to protect myself to prove that she's not here. Meaning, what can I do to prove that we aren't living together and I'm not looking to harm her? I will gladly buy her a ticket to go home and even though I offered, she didn't take it. It's crazy how this day unfolded but luckily I didn't file any of that paperwork. That would be even a bigger headache.

Share this post


Link to post
Share on other sites
1 minute ago, Ebunoluwa said:

Well if she stays here she will be illegal. As others have said never be alone with her and file for divorce and let USCIS know.

 

I've saw that advice here so that's what I will do. I still want to try to go for the annulment but if I can't, I will divorce. Can't believe this is happening.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×