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Luisa_eris

How to End relationship

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Hello everyone! This is a very uncomfortable topic but I have exhausted all resources and asked many people and I still do not have a definite answer. So I am the US Citizen, my husband is the beneficiary. (Cuban). We married in November 2018 and filed AOS right away. At this point, our marriage is a living nightmare. I’ve asked him plenty of times to move out but he refuses to because he doesn’t have anyone in PA and wants to go forward with immigration process. I do not. I’ve asked lawyers that have told me I would have to wait a year of being married before I file for divorce since it will be considered contested. This is fine; but what do I do in the mean time? How do I get him to leave? Should I contact USCIS and let them know of the situation? He just received his employment authorization card. If you’re familiar with PA laws please advise. 

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Posted (edited)
9 minutes ago, Luisa_eris said:

Hello everyone! This is a very uncomfortable topic but I have exhausted all resources and asked many people and I still do not have a definite answer. So I am the US Citizen, my husband is the beneficiary. (Cuban). We married in November 2018 and filed AOS right away. At this point, our marriage is a living nightmare. I’ve asked him plenty of times to move out but he refuses to because he doesn’t have anyone in PA and wants to go forward with immigration process. I do not. I’ve asked lawyers that have told me I would have to wait a year of being married before I file for divorce since it will be considered contested. This is fine; but what do I do in the mean time? How do I get him to leave? Should I contact USCIS and let them know of the situation? He just received his employment authorization card. If you’re familiar with PA laws please advise. 

In PA, if one spouse doesn't agree with the divorce, you can only file for divorce after 2 years of separation. So since he doesn't want the divorce, you have to wait for a while. If he changes his mind, you can divorce after 6 months (no fault divorce) (https://info.legalzoom.com/divorce-pa-after-two-years-spouse-not-agree-settlement-21209.html)

 

You can write USCIS that you want to withdraw the I-864 before you even get the divorce. Without that, he'll get denied his green card and he has to leave the country.  So that's your best way to go in this case. Make sure you do this before his green card is issued, otherwise you're bound to the I-864

 

 

Edited by C90

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7 minutes ago, Luisa_eris said:

Hello everyone! This is a very uncomfortable topic but I have exhausted all resources and asked many people and I still do not have a definite answer. So I am the US Citizen, my husband is the beneficiary. (Cuban). We married in November 2018 and filed AOS right away. At this point, our marriage is a living nightmare. I’ve asked him plenty of times to move out but he refuses to because he doesn’t have anyone in PA and wants to go forward with immigration process. I do not. I’ve asked lawyers that have told me I would have to wait a year of being married before I file for divorce since it will be considered contested. This is fine; but what do I do in the mean time? How do I get him to leave? Should I contact USCIS and let them know of the situation? He just received his employment authorization card. If you’re familiar with PA laws please advise. 

It is very difficult to kick someone out of their own home.  You will need a court order......You, yourself, will have to leave.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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1 minute ago, missileman said:

I see.....you will need a court order of some kind to kick him out.....but it won't be easy.......it's where he resides.

Depends on state law.  In some states you may be able to have his unauthorized presence considered trespass 


YMMV

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Write a letter to USCIS with case number and everything saying you do not wish to proceed with the AOS

Send it and you can also make an infopass appointment so you are sure they get it and look at it before he get his GC. 

Be careful he does not acuse you of DV because then he can file to stay with a abuse waiver instead. 


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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Contact USCIS! Pull the plug on AOS! Unless you want that person to get a green card and then you're on the hook to be financially responsible for him until he's US citizen. You signed avidafit of support. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Something you need to discuss with your Divorce Lawyer.


“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.”

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Posted (edited)
50 minutes ago, payxibka said:

Depends on state law.  In some states you may be able to have his unauthorized presence considered trespass 

In what states can you kick someone out of their lawful home using trespass?

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Pa does require a divorce to wait a year but that year starts after a order is made for separation (like in NY state)

have him served with that order by authorities with police presense and they will help him move out (if his name is not on the deed )

I had a cousin near Philly who went thru this process to evict his wife as she also was not on the deed and their marriage went bad after only a few months (but he was stuck married for the next whole year)

after that do as the above VJ'ers have said and let him worry about his AOS and immigration

Most of all if things are really really bad,  do what you need to do to protect yourself

2 minutes ago, missileman said:

In what states can you kick someone out of their lawful home?

New York is one 

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2 minutes ago, kris&me said:

New York is one 

Not without a GOOD reason...like DV.

From an attorney regarding New York: " If there are no allegations of abuse or other extreme discord where the two of you cannot live together for the time being, it is unlikely that she would be successful obtaining an order requiring you to leave the home."


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Just now, payxibka said:

I had a non contractual roommate that I gave 4 hrs notice to.  She called the police a d they told her if she wasn't gone in 4 hrs they would arrest her for trespassing 

apples and oranges.....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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