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kimme79

AOS Pending...wanting Divorce.

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Posted (edited)

Hello all,

i am wondering what my next steps are here.   What are the best options for her?

 

I am am the USC and my wife wants to divorce and remain here in the US.   We filed the AOS, EAD, AP in April 2019. We have no children together and were married on March 30th of this year and i too want this divorce to go forward.  She has not moved out of the home because she doesn't have anywhere to go...i offered her a plane ticket some and some startup money but she refuses.  She is concerned about her legal status after she leaves and therefore doesn't want to return to her home country.  I do believe it is her intent to file for VAWA under emotional stress.  She claims that she got to this country she has not been able to work and that i keep preventing her from working. 

 

Edited by kimme79
Spelling and Clarity

Sincerly,

Alfredo and Denisse

K1 Timeline

Spoiler

May 25 2018 - I-129F Sent to USCIS (Dallas) 

May 10 2018 - Received hard copy letter of NOA1 (Application in California Processing)

Oct 1 2018 - Expedite requested via Phone call

Oct 15 2018 - NOA2 Notice Date 

Oct 17 2018 - NOA2 Received via mail

Nov 01 2018 - USCIS Ships Petition to NVC

Nov 09 2018 - NVC received Case (25 Days of Waiting from NOA2)

Nov 16 2018 - Case number assigned (7 Days from receipt)

Nov 19 2018 - NVC expedite email submitted

Nov 19 2018 - DS-160 submitted online

Nov 27 2018 - Received email K1-FTP from NVC w/ attachment

Nov 27 2018 - CEAC "In Transit" sent electronically to Bogota (11 Days from Case Number Assignment)

Nov 29 2018 - Case arrived at the Embassy...NVC says "Ready"

Dec 3 2018 - Lab Work

Dec 4 2018 - Fingerprints and Medical Exam

Dec 6 2018 - Interview Results "Must reschedule"

Dec 13 2018 -  Packet 3/4 received via Email (14 Days from receipt at Embassy)

Jan 18 2019 -  Interview Part 2 (Approved)

Jan 24 2019 - Visa/Passport in Hand

Jan 27 2019 - POE Miami, FL

March 30 2019 - Married 

 

AOS, EAD, AP Timeline

Spoiler

April 17, 2019 - Forms I-485, I-786, and I-131 sent to to USCIS (Chicago)

April 24, 2019 - Text messages rcvd with case number (7 days of waiting from sending Forms I-485, I-786, and I-131)

April 29, 2019 - NOA1 received hard copy (12 days of waiting from sending Forms I-485, I-786, and I-131)

May 6, 2019 - ASC Appointment notice for fingerprints (20 days of waiting from sending forms)

May 13, 2019 - BioMetrics completed (27 Days after mailing of forms)


 

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This doesn’t make sense. She must have known that she wouldn’t be able to work for many months. It’s no secret that the K-1 has this disadvantage.

 

It all sounds very suspicious they she is planning to file a VAWA case - but she is staying in the home. 

 

Why do you want to divorce? Do you not love her and want to be with her?


 

 

 

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7 minutes ago, kimme79 said:

She claims that she got to this country she has not been able to work and that i keep preventing her from working.

That is not going to fly. Without work authorization from DHS any work would be illegal.

9 minutes ago, kimme79 said:

She is concerned about her legal status after she leaves and therefore doesn't want to return to her home country.

It's best if she leaves ASAP. Divorce proceedings can begin/continue even if she is abroad. That is better than attempting a baseless VAWA.

7 minutes ago, Roel said:

Advice? Documents EVERYTHING she says/writes/texts. Do NOT be alone with her. Contact lawyer. Cancel AoS. Divorce. Move on.

^Agreed 100%

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3 minutes ago, JFH said:

It all sounds very suspicious they she is planning to file a VAWA case - but she is staying in the home. 

She doesn't have anyone to take care of her besides me...she refuses to leave because she doesn't know anyone here.  I live in NC and i cannot ask for a divorce until we are separated at least 1 year.  I have to see if 2 months of marriage is enough to warrant a divorce.  I am doing research here.

Why do you want to divorce? Do you not love her and want to be with her?

 

3 minutes ago, JFH said:

i do love her...but she tells me i am toxic and i don't want to be in a toxic relationship.  So apparently there are a fe issues with me that i cannot overcome.  So she wants to divorce me but doesn't want to return home to her country.

 


Sincerly,

Alfredo and Denisse

K1 Timeline

Spoiler

May 25 2018 - I-129F Sent to USCIS (Dallas) 

May 10 2018 - Received hard copy letter of NOA1 (Application in California Processing)

Oct 1 2018 - Expedite requested via Phone call

Oct 15 2018 - NOA2 Notice Date 

Oct 17 2018 - NOA2 Received via mail

Nov 01 2018 - USCIS Ships Petition to NVC

Nov 09 2018 - NVC received Case (25 Days of Waiting from NOA2)

Nov 16 2018 - Case number assigned (7 Days from receipt)

Nov 19 2018 - NVC expedite email submitted

Nov 19 2018 - DS-160 submitted online

Nov 27 2018 - Received email K1-FTP from NVC w/ attachment

Nov 27 2018 - CEAC "In Transit" sent electronically to Bogota (11 Days from Case Number Assignment)

Nov 29 2018 - Case arrived at the Embassy...NVC says "Ready"

Dec 3 2018 - Lab Work

Dec 4 2018 - Fingerprints and Medical Exam

Dec 6 2018 - Interview Results "Must reschedule"

Dec 13 2018 -  Packet 3/4 received via Email (14 Days from receipt at Embassy)

Jan 18 2019 -  Interview Part 2 (Approved)

Jan 24 2019 - Visa/Passport in Hand

Jan 27 2019 - POE Miami, FL

March 30 2019 - Married 

 

AOS, EAD, AP Timeline

Spoiler

April 17, 2019 - Forms I-485, I-786, and I-131 sent to to USCIS (Chicago)

April 24, 2019 - Text messages rcvd with case number (7 days of waiting from sending Forms I-485, I-786, and I-131)

April 29, 2019 - NOA1 received hard copy (12 days of waiting from sending Forms I-485, I-786, and I-131)

May 6, 2019 - ASC Appointment notice for fingerprints (20 days of waiting from sending forms)

May 13, 2019 - BioMetrics completed (27 Days after mailing of forms)


 

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Best for her?

Looks like you need to think of yourself

if you own the home,  she needs to leave

you are not responsible for the fact she can not work

i would not file and support the AOS as then you really are responsibile

 

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12 minutes ago, Roel said:

1. She cannot remain in the US if you cancel AoS. She has no legal path to stay.

I have explained this issue to her...but she claims that this marriage was done in good faith and that the USCIS should view that and at least let her stay in the country.  So now she is finding ways to remain..

12 minutes ago, Roel said:

2. She can claim VAWA but she needs proofs.  You clearly didn't prevent her from working if she doesn't even have EAD yet...

I have explained to her numerous times that unless she has EAD, she cannot work.  But she wanted a job on the side to get some money in.

12 minutes ago, Roel said:

 

Advice? Documents EVERYTHING she says/writes/texts. Do NOT be alone with her. Contact lawyer. Cancel AoS. Divorce. Move on.

I have been documenting since last night.  More to follow.


Sincerly,

Alfredo and Denisse

K1 Timeline

Spoiler

May 25 2018 - I-129F Sent to USCIS (Dallas) 

May 10 2018 - Received hard copy letter of NOA1 (Application in California Processing)

Oct 1 2018 - Expedite requested via Phone call

Oct 15 2018 - NOA2 Notice Date 

Oct 17 2018 - NOA2 Received via mail

Nov 01 2018 - USCIS Ships Petition to NVC

Nov 09 2018 - NVC received Case (25 Days of Waiting from NOA2)

Nov 16 2018 - Case number assigned (7 Days from receipt)

Nov 19 2018 - NVC expedite email submitted

Nov 19 2018 - DS-160 submitted online

Nov 27 2018 - Received email K1-FTP from NVC w/ attachment

Nov 27 2018 - CEAC "In Transit" sent electronically to Bogota (11 Days from Case Number Assignment)

Nov 29 2018 - Case arrived at the Embassy...NVC says "Ready"

Dec 3 2018 - Lab Work

Dec 4 2018 - Fingerprints and Medical Exam

Dec 6 2018 - Interview Results "Must reschedule"

Dec 13 2018 -  Packet 3/4 received via Email (14 Days from receipt at Embassy)

Jan 18 2019 -  Interview Part 2 (Approved)

Jan 24 2019 - Visa/Passport in Hand

Jan 27 2019 - POE Miami, FL

March 30 2019 - Married 

 

AOS, EAD, AP Timeline

Spoiler

April 17, 2019 - Forms I-485, I-786, and I-131 sent to to USCIS (Chicago)

April 24, 2019 - Text messages rcvd with case number (7 days of waiting from sending Forms I-485, I-786, and I-131)

April 29, 2019 - NOA1 received hard copy (12 days of waiting from sending Forms I-485, I-786, and I-131)

May 6, 2019 - ASC Appointment notice for fingerprints (20 days of waiting from sending forms)

May 13, 2019 - BioMetrics completed (27 Days after mailing of forms)


 

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Posted (edited)
2 minutes ago, adil-rafa said:

Best for her?

Looks like you need to think of yourself

if you own the home,  she needs to leave

you are not responsible for the fact she can not work

i would not file and support the AOS as then you really are responsibile

 

Its a rental property and her name is not on the lease.  I will most likely have to do something unthinkable like call to have her removed and cancel the AOS.  The interview has not been scheduled and its a long time after the interview until she can get her GC.  Which i have explained to her and i will not support that.

Edited by kimme79

Sincerly,

Alfredo and Denisse

K1 Timeline

Spoiler

May 25 2018 - I-129F Sent to USCIS (Dallas) 

May 10 2018 - Received hard copy letter of NOA1 (Application in California Processing)

Oct 1 2018 - Expedite requested via Phone call

Oct 15 2018 - NOA2 Notice Date 

Oct 17 2018 - NOA2 Received via mail

Nov 01 2018 - USCIS Ships Petition to NVC

Nov 09 2018 - NVC received Case (25 Days of Waiting from NOA2)

Nov 16 2018 - Case number assigned (7 Days from receipt)

Nov 19 2018 - NVC expedite email submitted

Nov 19 2018 - DS-160 submitted online

Nov 27 2018 - Received email K1-FTP from NVC w/ attachment

Nov 27 2018 - CEAC "In Transit" sent electronically to Bogota (11 Days from Case Number Assignment)

Nov 29 2018 - Case arrived at the Embassy...NVC says "Ready"

Dec 3 2018 - Lab Work

Dec 4 2018 - Fingerprints and Medical Exam

Dec 6 2018 - Interview Results "Must reschedule"

Dec 13 2018 -  Packet 3/4 received via Email (14 Days from receipt at Embassy)

Jan 18 2019 -  Interview Part 2 (Approved)

Jan 24 2019 - Visa/Passport in Hand

Jan 27 2019 - POE Miami, FL

March 30 2019 - Married 

 

AOS, EAD, AP Timeline

Spoiler

April 17, 2019 - Forms I-485, I-786, and I-131 sent to to USCIS (Chicago)

April 24, 2019 - Text messages rcvd with case number (7 days of waiting from sending Forms I-485, I-786, and I-131)

April 29, 2019 - NOA1 received hard copy (12 days of waiting from sending Forms I-485, I-786, and I-131)

May 6, 2019 - ASC Appointment notice for fingerprints (20 days of waiting from sending forms)

May 13, 2019 - BioMetrics completed (27 Days after mailing of forms)


 

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Agree with all the others. First and foremost protect yourself since she is 'threatening' VAWA, though like the others have stated this is a baseless claim since you did file for a work permit for her, it's out of your hands and not your fault.

Second,as hard as it is I'd write USCIS and pull the affidavit of support, file for divorce, and have her removed from the house otherwise things may just get harder and worse for you. 

Offer her the money home, document it, and move on, but don't get stuck being liable for the I-864.


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

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.gif     giphy.gif

 

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https://www.swlawnc.com/blog/can-i-evict-my-spouse-in-nc

 

read this as you are in NC

 

Often when a marriage is about to end there is a standoff about who stays in the house. One spouse asks another to move out and things get ugly fast. In North Carolina you can’t just throw your spouse out of the house because you want to be separated. This even applies if you owned the house before the marriage and only your name is on the Deed. You also cannot simply change the locks when they go to work one day. Besides a domestic violence protective order or criminal charges there is no quick remedy to legally force one spouse to move out from the martial residence.

 

that article can help you so read it all or see an attorney

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