USC removed me from rental agreement and changed locks

[shhiminclass 1]

Good morning.

 

I am encountering a situation and seem somewhat confused as to what to do. After a K1 visa approval, I was married in late June of 2018. In December, my adjustment of status was approved, and a conditional green card was issued. 2 weeks ago I began working, but after months of emotional abuse (cheating, threats to call the police, encouragement to kill myself), I couldn't take it anymore and on Tuesday of last week, I packed my things and went to a hotel (where I currently am). The next morning, I was informed by her that she changed the locks, and yesterday, she told me I was removed from the rental agreement.

 

Now I have no idea at this point if I want to stay in the US long term, as I came here to marry her. In the short term I have no issues finding my own place and rebuilding my savings (I emptied my savings when we got married to wipe out a lot of her debt), but if I do want to stay long-term, what would be my best course of action? I know I will have to file a waiver, but will I have to move back in with her for a while? What are my rights under the affidavit of support?

 

[aaron2020 11,651]

You divorce and file a waiver to remove conditions.

 

You do not have to move back in with her.

 

You have no rights under the affidavit of support.  It's between the sponsor and the US government.  

[shhiminclass 1]

Thanks for the response Aaron. I'm happy I won't have to move back in with her.

[Crazy Cat 39,674]

Immediately Find a divorce attorney.  Your wife has possible illegally locked you out of your home...could be an illegal eviction........file for divorce...prepare to file for removal of conditions early based on termination of marriage.....

Edited April 14, 2019 by missileman

[shhiminclass 1]

If I'm the one that initiates divorce proceedings, will that impact my case to remove conditions on the green card?

[aaron2020 11,651]

3 minutes ago, shhiminclass said:

If I'm the one that initiates divorce proceedings, will that impact my case to remove conditions on the green card?

Doesn't matter who initiates the divorce.  

[Crazy Cat 39,674]

4 minutes ago, shhiminclass said:

If I'm the one that initiates divorce proceedings, will that impact my case to remove conditions on the green card?

Be prepared to prove your marriage was entered in good faith..............

[Cryssiekins 976]

4 minutes ago, missileman said:

Be prepared to prove your marriage was entered in good faith..............

^^^ This. 

 

It’s not impossible to remove conditions with a divorce waiver (sometimes marriages fail, despite good faith and honest effort), but I would be worried (knowing nothing about you, or the relationship, strictly making this observation based on the short duration of your marriage) on the what quality of evidence you have of good faith.  Generally, they want to see commingling of finances and liabilities.  Joint banking and credit accounts, joint leases/mortgages, joint ownership of assets, jointly filed taxes, joint insurance etc.  Not sure how much of that was established in less than a year.

 

 

Edited April 14, 2019 by Cryssiekins

[shhiminclass 1]

We were together for 4.5 years (1.5 of which was when were engaged) prior to the marriage, and I have a lot of supporting documents (plane tickets, photos of holidays/ wedding) along with the joint bank account, the copy of the joint rental agreement (which I did not consent to be removed from recently), and I have requested close friends to sign affidavits stating that it was a genuine relationship and we often went places together prior to the last couple of months when it nose-dived. I also have a copy of the most recently filed joint tax from last year.

[shhiminclass 1]

I also requested on numerous times that we attempt counseling, which she flat out refused (and that has been saved in as it was said multiple times, including via texts)

[Going through 5,668]

21 minutes ago, shhiminclass said:

The next morning, I was informed by her that she changed the locks, and yesterday, she told me I was removed from the rental agreement.

Contact the police for an escort to gain access to your belongings if you need to retrieve anything else from there.  Her removing you from the rental agreement doesn't remove the fact that it was your marital home and you resided there.

 

Hopefully you also packed your passport, ID, green card etc. when you left in case she also has a mind to destroy your personal documents.

 

In terms of gathering proof for the ROC: 

 

-You can probably get a copy of the prior lease (showing your name on it from when you began renting) from the landlord/property management.  

-You can get back-copies of bank statements for any closed joint accounts you shared during your marriage (contact your bank).

-You can get back-copies of joint utility bills (contact the providers, or if you pay your bills online you may be able to download them from there).

-You can get a certified copy of the marriage certificate from the appropriate county clerk's office if needed.

 

 

 

 

 

[shhiminclass 1]

Yeah, I took all those documents before I left and they are in my possession, which the exception of copies of the joint bank accounts and utilities, but I do have access to them online.

[Cryssiekins 976]

14 minutes ago, shhiminclass said:

Yeah, I took all those documents before I left and they are in my possession, which the exception of copies of the joint bank accounts and utilities, but I do have access to them online.

I didn’t mean for my last post to sound

accusatory in any way.  Sounds like you have some solid evidence of good faith, so that’s a positive for you!!   

 

I would definitely consult with a divorce attorney as soon as you can, to ensure you are protected. 

 

I’m sorry you’re going through this after making a suggestion for counseling. 

[EandH0904 1,184]

23 minutes ago, shhiminclass said:

We were together for 4.5 years (1.5 of which was when were engaged) prior to the marriage, and I have a lot of supporting documents (plane tickets, photos of holidays/ wedding) along with the joint bank account, the copy of the joint rental agreement (which I did not consent to be removed from recently), and I have requested close friends to sign affidavits stating that it was a genuine relationship and we often went places together prior to the last couple of months when it nose-dived. I also have a copy of the most recently filed joint tax from last year.

Have you checked with the rental company? She would need their permission to change the locks (it is their property after all) and have a good reason why you are off the lease. I would phone first thing Monday and talk to a manager about how this was allowed to legally happen.  If she is claiming abuse I am assuming she has no evidence to prove these claims. 

 

Maybe they will help you get your personal belongings if not get the police to assist you and let the rental company know you will be seeking legal action for illegal eviction. If you did nothing wrong they can not ask you to leave the next day and should not participate on your wife's behalf either

[payxibka 10,044]

A complicating factor might be the "voluntary " move out.  This is not a pure situation of a lock out