Former Fiancee refuses to leave country

[humptydumpty12345 5]

I have a k-1 fiancee that lives with me and the visa is out of status; we tried to "work it out" but I have called off the marriage but she has told me she will not return to her home country. She has proposed schemes to stay that are not legal/ethical.

 

DO I need to contact an immigration attorney monday? What if she refuses to leave when I buy her a plane ticket? If she becomes aggressive? (Or refuses to take the preliminary covid19 test). What do I legally need to report to USCIS, and do I report it through a paper letter or phone call? 

Edited March 21, 2021 by humptydumpty12345
clarity

[Duke & Marie 1,389]

Tell her to move her butt out and wish her luck 

[Joe Kano 327]

She is probably gonna to get to stay and never have to leave.

 

With the new administration liberal agenda on immigration she will find a way to stay legally.

 

She may next call the police and tell them you are physically/mentally/verbally abusive to her, you need to be very proactive at this point especially if she is living with you.

[payxibka 10,044]

2 hours ago, humptydumpty12345 said:

I have a k-1 fiancee that lives with me and the visa is out of status; we tried to "work it out" but I have called off the marriage but she has told me she will not return to her home country. She has proposed schemes to stay that are not legal/ethical.

 

DO I need to contact an immigration attorney monday? What if she refuses to leave when I buy her a plane ticket? If she becomes aggressive? (Or refuses to take the preliminary covid19 test). What do I legally need to report to USCIS, and do I report it through a paper letter or phone call? 

Your primary responsibility is to resolve the living arrangement in order to protect yourself.   Beyond that, all other issues are her problem 

Edited March 21, 2021 by payxibka

[Boiler 43,462]

There is nothing for you to do, her Immigration situation is her issue.

[JFH 12,189]

*~*~*moved from “K-1 fiancé visa process and procedures” to “effects of major family changes”*~*~*
 

There is nothing you can do. If she is out of status she will have to leave, unless she qualifies to self-file the AOS under VAWA. She may he planning to do this so keep all interaction with her civil and polite. Ask her to leave your house and protect your assets. If she has access to your bank accounts or credit cards, remove that access. Cut her out of your life but calmly and politely. 

[JFH 12,189]

And maybe stop rushing into relationships and spend time, lots of time, getting to know the other person. You had a fiancé trying to arrange her interview in January 2019 but you broke up and you petitioned for another fiancé 5 months later (with whom you were already romantically involved whilst the first one was arranging her embassy interview). Before the second one even got to the interview stage you suspected cheating. You must have suspected this wouldn’t end well. 
 

I know a K-1 only requires you to have met in person once before filing, but that doesn’t mean you have to file after the first visit. As you have seen twice now, short courtships are not working out for you, you need more time. Slow down! What’s the rush? And if these fiancés are pressuring you into rushing through the paperwork, it’s likely the papers they want, not you. The right one will wait. 

[Arsalan111 28]

If you’re not married to her, and she overstayed K1 I guess she is already an illegal. I think if she is not leaving then probably the best you can do is ask her to leave your place. Pack the bags and go. 

[Boiler 43,462]

Looking at the timeline she should qualify for Biden's Amnesty assuming it is passed.

[Mike E 11,723]

She is not your spouse.  
 

She is a tenant in a month to month unwritten lease.  Determine the tenancy and eviction laws for your state and give her proper notice of termination of lease.
 

If she refuses to leave there will be an escalating series of steps you can take.  

 

You can watch the movie Pacific Heights to get an idea for how long and expensive this process can be and don’t assume she is (or will remain) ignorant of her rights as a tenant.   
 

Once she is out of your home she is no longer your problem.  In your position I would offer to buy her a ticket fly to her home.  

[retheem 553]

Kick her out or vacate building yourself. Be extremely careful here coz she may pull the VAWA nonsense to self-file. 

Edited March 21, 2021 by retheem

[Pinkrlion 2,607]

Call the police non 911 line and ask what to do if she will not leave.  

[Mike E 11,723]

You are getting  advice to forcibly remove her from your residence.  

 

If follow that advice, you are likely to discover that while landlord / tenant laws are largely civil, forced evictions outside the judicial process are crimes in most states.  

[JonSeattle 201]

11 hours ago, humptydumpty12345 said:

DO I need to contact an immigration attorney monday? What if she refuses to leave when I buy her a plane ticket? If she becomes aggressive? (Or refuses to take the preliminary covid19 test). What do I legally need to report to USCIS, and do I report it through a paper letter or phone call? 

From what I have read, the sponsor is under no obligation to report whether or not a marriage took place. Your former fiance has overstayed her visa and is subject to deportation, but no crime has occurred. That's great that you have offered to help her return. Sounds like this is a huge disappointment for her, and it will take her time to make a new plan for her life, especially since she is now away from her family and friends.

[Scandi 3,970]

There's a chance she will try to file VAWA, but you're not on the hook for anything, you're not even married. She can try the VAWA route but will have to prove (in one way or another) that you have abused her physically or mentally. Some people even try to hurt themselves and then report it as a domestic dispute/abuse by the partner. Your best bet is to remove her from your house immediately, and don't be alone with her.