How can I divorce my spouse who has been in the US for only 3 months and came here on an IR1 visa from me

[aaron2020 11,651]

7 minutes ago, Ennyolah said:

So sad...some people are just heartless,build a life you Don t want , I think annulment is better Don t really know how that works but I think it will save you stress...i pray you find who will love you for u

If you don't know how annulments work, how do you come to the conclusion to think that it is better than a divorce?  

 

What exactly would be the advantage of an annulment vs a divorce?  

 

Is your advice based on the stigma of being divorced over an annulment?

Edited March 22, 2019 by aaron2020

[Daisy.Chain 317]

58 minutes ago, Ontarkie said:

Without paying child support he will be denied USC. It happens all the time members here have posted about this often. Even if the child is abroad they want proof of child support. 

 

Did I miss the OP saying it was his child? I only saw he state "my daughter". 

 

One thing others did not mention, but file a police report on his disappearance. Then they can make sure he up and left and not managed to end up in a ditch somewhere. 

Oh, I didn't realize the daughter's was OP's husband's ; I thought she was OP's from earlier. and if he hadn't adopted her he might have gotten out of child support issues.

[SJordanS 342]

11 hours ago, Bfrank said:

I got married in July 2016, I have been married a total of 3 years however I maybe only spent 1 year and 6 months living with my spouse. In about October 2017 I applied for the USCIS I-130 for my spouse. His papers were approve in December 2018. He arrived to America with an IR1 Visa in January 2019, he lived with me and my family  until March 2019, after her got his green card in the mail then received his social security and then got his drivers licenses (all with the help of me) he left the house and disappeared. It is clear he married me for the US citizenship. How can I legally divorce him and is there a way for him to be deported since the marriage is in bad faith. I have a daughter with him (me and my daughter are both born in the USA). He does not and never has spent actual time with myself or my daughter. He does not care about myself or my daughter and left my families home with only his important papers and money and left us nothing.

How unfair to you! I’m so sorry this happened to you. It seems more and more of this is happening as I’ve been reading on visa journey and on other forums. Take the advice of everyone here that have advised you and most of all, do a lot of praying.  You just have to take things day by day. One good thing is that the child support situation will definitely prevent him from naturalizing and eventually he will have to pay up. God will handle him but my hunch is he’ll come running back when he’s done with whatever hoe he’s got on the side. Don’t let him back in and just focus on you and your daughter. God be with you and ease your pain. 

[Debzib88 85]

So he led you on and made you believe that you were the love of his life married you, had a baby with you and then just left? Damn that's harsh. Are you sure you're not just going through a rough patch and maybe his off sulking somewhere lol men tend to sulk a lot. I just can't get my head around how someone can purposely do those things to gain a GC. That's beyond cruel. And if that is the case you are far much better of with out him!! and karma will catch up to him. It's crazy the lengths people go, to fraud and break the law smh! 

[Unlockable 7,306]

5 minutes ago, Debzib88 said:

So he led you on and made you believe that you were the love of his life married you, had a baby with you and then just left? Damn that's harsh. Are you sure you're not just going through a rough patch and maybe his off sulking somewhere lol men tend to sulk a lot. I just can't get my head around how someone can purposely do those things to gain a GC. That's beyond cruel. And if that is the case you are far much better of with out him!! and karma will catch up to him. It's crazy the lengths people go, to fraud and break the law smh! 

Unfortunately, it happens more than you think. There are many threads similar to this on VJ. If you search in the this section of the forum, you will find many threads where the immigrant left after the received their GC. There are even cases of the immigrant leaving their child(ren) behind with the US citizen after they get their GC. It is just that there are some people who are devious like that. And will do anything to get a green card.

 

The most we can do is advise the poster to move on. It hurts, but there is point in trying to remove somebody from the US. It rarely happens under these circumstances. Hopefully this is an eye opener for people who hear these stories. Just be sure you do your due diligence in the relationship.

[Debzib88 85]

8 minutes ago, Unlockable said:

Unfortunately, it happens more than you think. There are many threads similar to this on VJ. If you search in the this section of the forum, you will find many threads where the immigrant left after the received their GC. There are even cases of the immigrant leaving their child(ren) behind with the US citizen after they get their GC. It is just that there are some people who are devious like that. And will do anything to get a green card.

 

The most we can do is advise the poster to move on. It hurts, but there is point in trying to remove somebody from the US. It rarely happens under these circumstances. Hopefully this is an eye opener for people who hear these stories. Just be sure you do your due diligence in the relationship.

How sad though. Poor people, 😔 Some people have No morals. I'm a firm believer In karma. He will get his and she'll move on to meet someone far better! Such a sad outcome though 

[Ahmed&Freda 628]

16 hours ago, Bfrank said:

I got married in July 2016, I have been married a total of 3 years however I maybe only spent 1 year and 6 months living with my spouse. In about October 2017 I applied for the USCIS I-130 for my spouse. His papers were approve in December 2018. He arrived to America with an IR1 Visa in January 2019, he lived with me and my family  until March 2019, after her got his green card in the mail then received his social security and then got his drivers licenses (all with the help of me) he left the house and disappeared. It is clear he married me for the US citizenship. How can I legally divorce him and is there a way for him to be deported since the marriage is in bad faith. I have a daughter with him (me and my daughter are both born in the USA). He does not and never has spent actual time with myself or my daughter. He does not care about myself or my daughter and left my families home with only his important papers and money and left us nothing.

Divorce differs by state so you'll have to read the details based on the state you reside in.   I live in Pennsylvania and filed for divorce in 2014 but because he refused to sign the papers it didn't complete until 2016.  

 

As others have said you can send the evidence to USCIS and let it go from there.

 

I also agree in getting child support.  File through the county you live in.  He must support the child.  If not supporting her makes his citizenship difficult than thats a plus.

 

So sorry you are going through this.   I hate reading stories like this...for these types of people make the process harder for others.

 

Good luck to you!

[Jeanne Adil 1,651]

17 hours ago, SusieQQQ said:

I’m sorry to hear about this. It’s so frustrating and heartbreaking to be taken advantage of and feel like there is nothing you can do about it. And it’s true that unless you have concrete evidence of fraud it’s hard. However.... one thing you can do if he truly disappears out of your lives and shirks his obligations to your child is to put on record that he owes child support. That wlll be an issue for when he tries to naturalize as it will go against good moral character and prevent him naturalizing.  You don’t even need a court order for child support for this (although that would be better anyway for a number of reasons), as the courts hold that it is a moral/ethical obligation rather than a purely legal one.

great point

I hope you keep information about his SS number

when he uses that green card and SS card to work,  he will find out his pay can be garnished (IF YOU GO AND GET A COURT ORDER)

and only if he is behind in support

so, get your ducks in order and get to family court/ lawyer is not needed / most DFS ( division of family service whatever yours is called ) can help you schedule family court

[Boiler 43,396]

Assuming his earning potential is limited how much can they take?

[aaron2020 11,651]

1 hour ago, Boiler said:

Assuming his earning potential is limited how much can they take?

Courts uses statutory formulas on how much can be garnished.

[Boiler 43,396]

Saying he earns $12 an hour for example, what can they garnish?

[aaron2020 11,651]

9 minutes ago, Boiler said:

Saying he earns $12 an hour for example, what can they garnish?

Court specific.  There are 50 states.  There is no general answer.

[Boiler 43,396]

OK, just wondered how practical all this focus was on garnishment

 

Did the OP come back or are we talking to ourselves?

[MrsRamirez 231]

15 hours ago, aaron2020 said:

 

 

15 hours ago, aaron2020 said:

If you don't know how annulments work, how do you come to the conclusion to think that it is better than a divorce?  

 

What exactly would be the advantage of an annulment vs a divorce?  

 

Is your advice based on the stigma of being divorced over an annulment?

I think that she has been married too long for annulment.  I think California has the longest time which is 4 years but most states are 6 months but no longer than 2 years.  It's very unfortunate.  It's his loss so try to recoup and build your life with your baby and know better days are coming. 

Edited March 22, 2019 by MrsRamirez

[aaron2020 11,651]

12 minutes ago, MrsRamirez said:

 

I think that she has been married too long for annulment.  I think California has the longest time which is 4 years but most states are 6 months but no longer than 2 years.  It's very unfortunate.  It's his loss so try to recoup and build your life with your baby and know better days are coming. 

There has to be specific grounds for an annulment.   Fraud, incapacity to marry, etc.  It's not dependent on how long a marriage has lasted.   A marriage can last for years and still be annulled.  While a long marriage is harder to annul, it's not impossible.