Can she stay in US even if her husband wants her to go home

[amaada 18]

She got here in US through K1 Visa they got married applied for AOS now she’s just waiting for her EAD and Greencard to be sent via mail.

 

Now the husband wants her to go home. She wants to stay because she left everything in her home country for the sake of the husband and it will really be hard for her to start over. She enetered the marriage in good faith, but the guy was very unstable. He wants her to go home just because of his own anxiety. (The guy was divorced once and his ex wife(for 40yrs) took a bunch of money because of divorce).. The woman right now is really nice and is boggled why the sudden shift of treatment towards her. She wants to stay with him but the guys wants to send her home.

 

Questions:

 

1. She is a bit old and  left everything in her home country for this marriage. She wants to stay in US but greencard didnt arrive yet. She already processed AOS. Is it okay if she stays in US with her woman friend? The guy bought her a ticket to go home.

 

2. Will they still be married if she goes home and not go back for over 100 days? Since it’s up to the guy when to ask her to go back to US again.

 

3. What’s the difference between getting divorced in US before she leaves  for home vs staying in her home country for so longthen their marriage will not be in effect (since the husband will try to make it appear she left him).

 

 

[Mollie09 1,543]

14 minutes ago, amaada said:

She got here in US through K1 Visa they got married applied for AOS now she’s just waiting for her EAD and Greencard to be sent via mail.

 

Now the husband wants her to go home. She wants to stay because she left everything in her home country for the sake of the husband and it will really be hard for her to start over. She enetered the marriage in good faith, but the guy was very unstable. He wants her to go home just because of his own anxiety. (The guy was divorced once and his ex wife(for 40yrs) took a bunch of money because of divorce).. The woman right now is really nice and is boggled why the sudden shift of treatment towards her. She wants to stay with him but the guys wants to send her home.

 

Questions:

 

1. She is a bit old and  left everything in her home country for this marriage. She wants to stay in US but greencard didnt arrive yet. She already processed AOS. Is it okay if she stays in US with her woman friend? The guy bought her a ticket to go home.

 

2. Will they still be married if she goes home and not go back for over 100 days? Since it’s up to the guy when to ask her to go back to US again.

 

3. What’s the difference between getting divorced in US before she leaves  for home vs staying in her home country for so longthen their marriage will not be in effect (since the husband will try to make it appear she left him).

 

 

She will have to remove conditions in 2 years and prove that the marriage was entered into in good faith. Seems like it would be hard for her to find evidence after the marriage so that might be difficult. Her husband can't send her home if she doesn't want to go, if her AOS was approved she has legal status for 2 years.

 

They will be married until a divorce is granted. Not sure what you mean by "it's up to the guy when to ask her to go back to US again." Just living apart from someone doesn't mean they'll be divorced.

[usmsbow 796]

2. They're married until they get divorced. It doesn't matter how long she is anywhere.

 

3. I'm not clear on the question. You're wondering what the difference is on getting divorced in the US vs if they get divorced if and when she's no longer in the USA? In terms of the marriage/divorce itself, I don't think there is any difference. Immigration wise, I don't know. 

[TNJ17 1,329]

Dude, married is married. You are married until you get divorced, get it annulled, or become a widower. It doesn’t matter where in the universe you go. You are still married. 

 

Because she will not have any evidence of this marriage for the next two years before she removes conditions, she’s gonna have a rough time getting it approved. I don’t see how she can do it. 

[amaada 18]

31 minutes ago, Mollie09 said:

She will have to remove conditions in 2 years and prove that the marriage was entered into in good faith. Seems like it would be hard for her to find evidence after the marriage so that might be difficult. Her husband can't send her home if she doesn't want to go, if her AOS was approved she has legal status for 2 years.

 

They will be married until a divorce is granted. Not sure what you mean by "it's up to the guy when to ask her to go back to US again." Just living apart from someone doesn't mean they'll be divorced.

Thank you so much for your response. So if her husband cant send her home coz she doesn't want to , is it okay she’ll stay with me? We’re just worrying it might result to illegal stay if her husband will withdraw the AOS. She already did the AOS and just waiting for the green card to be sent on the mail. 

 

And if it will be sent to the mail it’s on her husband’s address, will she be able to get it if she wants to? (Let’s say her husband wants to keep it and not give it to her)

 

appreciate your time!!

[amaada 18]

35 minutes ago, usmsbow said:

2. They're married until they get divorced. It doesn't matter how long she is anywhere.

 

3. I'm not clear on the question. You're wondering what the difference is on getting divorced in the US vs if they get divorced if and when she's no longer in the USA? In terms of the marriage/divorce itself, I don't think there is any difference. Immigration wise, I don't know. 

 

Thank you for your response.

 

Sorry for my confusing statement. But this is what I meant: Leaving the US might be used against her for filing a divorce while she is in her home country and use “desertion” for the divorce.. when in fact she will just leave the country just because she was asked to, but she didnt want to leave the guy.

[amaada 18]

17 minutes ago, TNJ17 said:

Dude, married is married. You are married until you get divorced, get it annulled, or become a widower. It doesn’t matter where in the universe you go. You are still married. 

 

Because she will not have any evidence of this marriage for the next two years before she removes conditions, she’s gonna have a rough time getting it approved. I don’t see how she can do it. 

 

Thank you for your response!

 

She is worried he will file for divorce while she is gone and say “she left him” as ground.

 

They’ve been together here in US for 6months now since she got here.

 

I would like to offer her to stay at my house while waiting for her card to arrive because it was already filed. 

 

[payxibka 10,044]

What country is she from?

 

He can "kick" her to the curb but he cannot deny her immigration benefits that she has or may be eligible for. 

 

He cannot demand to have her deported.  

Edited January 10, 2018 by payxibka

[amaada 18]

1 minute ago, payxibka said:

What country is she from?

She’s from Philippines.

 

 

[payxibka 10,044]

I wouldn't worry about the grounds for divorce.  Desertion versus irreconcilable differences are moot.  Most states are no fault divorce anyway

[IndiaAnnie 163]

6 minutes ago, amaada said:

 

Thank you for your response.

 

Sorry for my confusing statement. But this is what I meant: Leaving the US might be used against her for filing a divorce while she is in her home country and use “desertion” for the divorce.. when in fact she will just leave the country just because she was asked to, but she didnt want to leave the guy.

She might call and get a consult from immigration attorney on the subject (maybe someone does free consults in the area). If I were in her shoes I would send an email to him from your house or her account and tell him that she is so confused, upset and afraid because he has used the K1 process to bring her here and now is telling her to go home after she married him for love. She should say "I refuse to leave until an attorney assists with providing a legal divorce." This will likely cause him to respond in writing (which becomes proof of her entering marriage in good faith and his intent on kicking her out). She should only communicate to him in writing (use google translate if needed) to document the situation. This would help the case in 2yrs when conditions must be removed BUT she may still be denied and sent home at that time. At least she will have 2yrs to work, earn savings and prepare for security if she must go home. If she stays with you she can change address online with USCIS and have the green card sent to your house. Again, this is what I would do in her shoes myself and then spend the 2yrs building up for my future - Plan A and Plan B. It's really sad that people are used and abused (even emotionally) with this service because it's hurtful. Good luck!!

[TNJ17 1,329]

He can’t demand her to be deported any less than she can demand him to allow her to stay. The fact of the matter is the marriage didn’t work. They will have to file for divorce in order to end the marriage but she’s still in her early stages of arriving in the US and she’s gonna have a hard time coming up with proof of an on going relationship in order for her to stay.  

[payxibka 10,044]

Just now, TNJ17 said:

He can’t demand her to be deported any less than she can demand him to allow her to stay. The fact of the matter is the marriage didn’t work. They will have to file for divorce in order to end the marriage but she’s still in her early stages of arriving in the US and she’s gonna have a hard time coming up with proof of an on going relationship in order for her to stay.  

Maybe...  It's called a divorce waiver...

[amaada 18]

13 minutes ago, payxibka said:

What country is she from?

 

He can "kick" her to the curb but he cannot deny her immigration benefits that she has or may be eligible for. 

 

He cannot demand to have her deported.  

Thank you for that.

 

what about withdrawing the sponsorship? Will thay cause the green card to be cancelled after everything has been filed?

[amaada 18]

10 minutes ago, IndiaAnnie said:

She might call and get a consult from immigration attorney on the subject (maybe someone does free consults in the area). If I were in her shoes I would send an email to him from your house or her account and tell him that she is so confused, upset and afraid because he has used the K1 process to bring her here and now is telling her to go home after she married him for love. She should say "I refuse to leave until an attorney assists with providing a legal divorce." This will likely cause him to respond in writing (which becomes proof of her entering marriage in good faith and his intent on kicking her out). She should only communicate to him in writing (use google translate if needed) to document the situation. This would help the case in 2yrs when conditions must be removed BUT she may still be denied and sent home at that time. At least she will have 2yrs to work, earn savings and prepare for security if she must go home. If she stays with you she can change address online with USCIS and have the green card sent to your house. Again, this is what I would do in her shoes myself and then spend the 2yrs building up for my future - Plan A and Plan B. It's really sad that people are used and abused (even emotionally) with this service because it's hurtful. Good luck!!

Thank you for this advice we will consider doing this.

 

I’m so sad and worried for her she is in so much stress because of the guy. She never wants divorce because she married him because she loves him! And now she is facing this possibility of separation and divorce and she doesnt want that to happen to her.