Annulment/Divorce from K1 after 3 months of marriage

[Abbey B 79]

This is very hard writing this as I was very involved with VJ during the K1 visa process and was so excited when my fiance came here to marry me from Israel.

 

He came in January, we married in March and as of June 9th he moved out of the apartment to stay at an AirBnB and is going to go back home after our divorce is done. We had many fundamental issues, he was not willing to work on them or seek counseling, and he kept telling me he wanted to just go home because he couldn't see a future here. 

 

Long story short, we already filed for AOS, EAD and AP back in May--he went for his biometrics and NOW I have filed for annulment. We have no kids or assets together other than our joint bank account which is now been closed. 

 

My question and concerns are:

 

• Given that I am his sponsor, do I have any legal obligation or liability during the divorce/annulment process? 
• If we end up divorced instead of annulled, can he try to get alimony from me because I was his sponsor?
• If we end up annulled, does the "fraud" stay on his record? I tried to get an annulment based off of a 'fraudulent marriage' because he promised a life here with me, promised a family and promised to stay in the US but 3 months after marriage, he does not want to stay here, does not want a family and does not want to be married. 

 

We are not talking and I am concerned what he can do and what he can try to get out of me given that I was his sponsor. 

[Pinkrlion 2,611]

Pull your I-864 and that will deny the AOS. Filing either for divorce or annulment will up to the judge. If your marriage is dissolved then he will not be issued a green card and you are not responsible. 

[Ameriaussie 49]

8 hours ago, Abbey B said:

This is very hard writing this as I was very involved with VJ during the K1 visa process and was so excited when my fiance came here to marry me from Israel.

 

He came in January, we married in March and as of June 9th he moved out of the apartment to stay at an AirBnB and is going to go back home after our divorce is done. We had many fundamental issues, he was not willing to work on them or seek counseling, and he kept telling me he wanted to just go home because he couldn't see a future here. 

 

Long story short, we already filed for AOS, EAD and AP back in May--he went for his biometrics and NOW I have filed for annulment. We have no kids or assets together other than our joint bank account which is now been closed. 

 

My question and concerns are:

 

• Given that I am his sponsor, do I have any legal obligation or liability during the divorce/annulment process? 
• If we end up divorced instead of annulled, can he try to get alimony from me because I was his sponsor?
• If we end up annulled, does the "fraud" stay on his record? I tried to get an annulment based off of a 'fraudulent marriage' because he promised a life here with me, promised a family and promised to stay in the US but 3 months after marriage, he does not want to stay here, does not want a family and does not want to be married. 

 

We are not talking and I am concerned what he can do and what he can try to get out of me given that I was his sponsor. 

I am so sorry to hear. This sends chills down my spines. Sponsoring someone for a GC is such a risky move.

 

To address your 2nd bullet point, he can try but this is a separate issue from what you signed with the government. He may get alimony when go to family court, but the i-864 has nothing to do with spousal support per se.

[Canerican 242]

9 hours ago, Abbey B said:

This is very hard writing this as I was very involved with VJ during the K1 visa process and was so excited when my fiance came here to marry me from Israel.

 

He came in January, we married in March and as of June 9th he moved out of the apartment to stay at an AirBnB and is going to go back home after our divorce is done. We had many fundamental issues, he was not willing to work on them or seek counseling, and he kept telling me he wanted to just go home because he couldn't see a future here. 

 

Long story short, we already filed for AOS, EAD and AP back in May--he went for his biometrics and NOW I have filed for annulment. We have no kids or assets together other than our joint bank account which is now been closed. 

 

My question and concerns are:

 

• Given that I am his sponsor, do I have any legal obligation or liability during the divorce/annulment process? 
• If we end up divorced instead of annulled, can he try to get alimony from me because I was his sponsor?
• If we end up annulled, does the "fraud" stay on his record? I tried to get an annulment based off of a 'fraudulent marriage' because he promised a life here with me, promised a family and promised to stay in the US but 3 months after marriage, he does not want to stay here, does not want a family and does not want to be married. 

 

We are not talking and I am concerned what he can do and what he can try to get out of me given that I was his sponsor. 

I really am sorry that this happened. He could have got here and realized that he missed his family and did not see a future in the USA besides the other items you saw. Do you have proof of fraud? If, in fact, he leaves after everything is finalized that shows me he was not in the relationship for a green card and there is no reason to believe that you would get an annulment. 

 

Again, I’m truly sorry this happened But fraud will be hard to prove, I believe, if all you have is promises he said. People go back on promises every day. 

 

As as others have said, pull the I-864 so that he does not get a green card.

[NikLR 13,220]

~~moved to effects of major family changes from AOS process and procedures family based~~

[Boiler 43,747]

There seems no fraud and therefore no annulment.

 

Certainly there have been cases where the Affidavit has been used in Divorce proceedings. 

[Boris Farage 353]

Hard to see where the fraud is. Sounds like you two couldn't make it work and you wanted different things out of life once he got here. It happens, better to learn now than years down the road. Very unlikely he will get alimony after such a short marriage, I understand the I-864 has been enforced sometimes but if you two have no joint assets or liabilities the judge is more likely not to provide him with much if anything. 

[debbiedoo 2,339]

doesnt sound like fraud - sounds like you two didnt really know each other and he got here, married, and realized this is not what he wanted.

 

it happens.

 

you were not married long enough for alimony to be an issue.

 

pull your 864 and he will not get greencard.

 

doesnt sound like he wants to stay anyways.

[Beth & Achraf 328]

A annulment is very hard to obtain, unless you have hard proof of fraud. A divorce is quicker in these cases.

As others said, pull the AOS, and inform USCIS of the divorce immediately. Supply them with the divorce case number if you have that already.

 

Very doubtful the Judge will award him with alimony or anything else. I would not worry about that.

Nothing of fraud will be marked on him in divorce court or even immigration.

Hope he keeps his word on returning home after divorce. I'm sorry this is happening.

[JunkTardis 183]

21 hours ago, Abbey B said:

This is very hard writing this as I was very involved with VJ during the K1 visa process and was so excited when my fiance came here to marry me from Israel.

 

He came in January, we married in March and as of June 9th he moved out of the apartment to stay at an AirBnB and is going to go back home after our divorce is done. We had many fundamental issues, he was not willing to work on them or seek counseling, and he kept telling me he wanted to just go home because he couldn't see a future here. 

 

Long story short, we already filed for AOS, EAD and AP back in May--he went for his biometrics and NOW I have filed for annulment. We have no kids or assets together other than our joint bank account which is now been closed. 

 

My question and concerns are:

 

• Given that I am his sponsor, do I have any legal obligation or liability during the divorce/annulment process? 
• If we end up divorced instead of annulled, can he try to get alimony from me because I was his sponsor?
• If we end up annulled, does the "fraud" stay on his record? I tried to get an annulment based off of a 'fraudulent marriage' because he promised a life here with me, promised a family and promised to stay in the US but 3 months after marriage, he does not want to stay here, does not want a family and does not want to be married. 

 

We are not talking and I am concerned what he can do and what he can try to get out of me given that I was his sponsor. 

I'm sorry to hear about this OP! It's an incredibly time consuming and lengthy process, so for it not to work truly does suck. 

As far as fraud is concerned, this does not sound fraudulent in the least. It appears to me like he came to the US to be with you, felt it wasn't right for him and wants to return home, not stay here for a GC.

 

If he is guilty of anything, it's of wasting your time, money and resources and and an apparent unwillingness to work on relationship issues. But fraud, no. 

 

I doubt he'd be able to get alimony. Personally if I were you, I'd go for a divorse rather than an annulment and be done with it. Supply USCIS with your divorce number and pull the AOS. 

 

Good luck OP 

[Amadia 711]

21 hours ago, Pinkrlion said:

If your marriage is dissolved then he will not be issued a green card and you are not responsible. 

^^^ This.

 

It is sad to learn what you are going thru. How long have you known each other before taking the step to immigration and making a life together?

[Boiler 43,747]

Obviously no ones wants to judge but I would mention there are always 2 sides to a story.

[Jeanne Adil 1,651]

are both of you Jewish and need the religious annullment from Rabbi?

 

[Abbey B 79]

Thank you all for the answers and your concerns. The terms of an annulment are actually up to the judge, so I am not concerned about the 'fraud' or not fraud--that is just how the case is positioned in order to get the annulment. My lawyer has successfully completed annulments regularly in the state of NJ.

 

I am less worried about whether it is a divorce or an annulment, I just was mostly concerned about the sponsorship status and what the consequences would be if I were to pull I-864. 

 

Would he have to leave the country immediately? I want him to be present in the US in order to complete the divorce/annulment and if I pull the I-864, he may have to leave right away..making the divorce proceedings that much harder to complete. 

 

We did not have a religious ceremony and we did do our best (after 4 years of being together) to make it work, however, in the end, it just wasn't mean to be as hard as it is...

[Boiler 43,747]

Annulment or divorce makes no difference from an Immigration perspective. He can stay legally under the terms of his K1 for 90 days, beyond that with no pending adjustment he is deportable.