K3 and Divorce

[misa 2]

I do have some further information -- I spoke to an immigration attorney and according to her, when I withdraw the affidavit of support, her visa gets cancelled that very same day (dunno how much of that is true, but she seemed to know what she was talking about).

This part doesn't sound right. She was granted a K3 which is multiple entry for 2 years. Why would withdrawing the affidavit of support have any bearing on that?

[payxibka 10,044]

I do have some further information -- I spoke to an immigration attorney and according to her, when I withdraw the affidavit of support, her visa gets cancelled that very same day (dunno how much of that is true, but she seemed to know what she was talking about).

This part doesn't sound right. She was granted a K3 which is multiple entry for 2 years. Why would withdrawing the affidavit of support have any bearing on that?

Agreed, I do not think you can arbitrarily withdraw your affidavit of support.... besides it is not visa that would need to cancelled or revoked but her authorized stay period as governed by the I-94.

[looking4peace 0]

Right -- so, I don't have any category for immigration fraud in there -- that is the problem.

Here is a simple GOOGLE of Miss Divorce Law

...............................................

Grounds for Divorce: Mississippi

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

Grounds for Filing: The Bill of Complaint for Divorce must declare the appropriate Mississippi grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

A divorce will be granted by the court for the following grounds:

No-Fault:

(1) Irreconcilable Differences

Fault:

(1) Impotence

(2) Adultery

(3) Incarceration

(4) Alcohol or drugs abuse

(5) Insanity for up to three years

(6) Wife being pregnant by another without spouse knowing it

(7) Willful desertion for at least one year

(8) Cruel and inhuman treatment

(9) Spouse lacking mental capacity to consent to divorce

(10) incest

(Mississippi Code - Section 93 - Chapters: 5-1, 5-2, 5-7)

[payxibka 10,044]

So then it appears the only option is ireconcillable differences...

Right -- so, I don't have any category for immigration fraud in there -- that is the problem.

Here is a simple GOOGLE of Miss Divorce Law

...............................................

Grounds for Divorce: Mississippi

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

Grounds for Filing: The Bill of Complaint for Divorce must declare the appropriate Mississippi grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

A divorce will be granted by the court for the following grounds:

No-Fault:

(1) Irreconcilable Differences

Fault:

(1) Impotence

(2) Adultery

(3) Incarceration

(4) Alcohol or drugs abuse

(5) Insanity for up to three years

(6) Wife being pregnant by another without spouse knowing it

(7) Willful desertion for at least one year

(8) Cruel and inhuman treatment

(9) Spouse lacking mental capacity to consent to divorce

(10) incest

(Mississippi Code - Section 93 - Chapters: 5-1, 5-2, 5-7)

[diadromous mermaid 36]

Right -- so, I don't have any category for immigration fraud in there -- that is the problem.

Here is a simple GOOGLE of Miss Divorce Law

...............................................

Grounds for Divorce: Mississippi

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

Grounds for Filing: The Bill of Complaint for Divorce must declare the appropriate Mississippi grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

A divorce will be granted by the court for the following grounds:

No-Fault:

(1) Irreconcilable Differences

Fault:

(1) Impotence

(2) Adultery

(3) Incarceration

(4) Alcohol or drugs abuse

(5) Insanity for up to three years

(6) Wife being pregnant by another without spouse knowing it

(7) Willful desertion for at least one year

(8) Cruel and inhuman treatment

(9) Spouse lacking mental capacity to consent to divorce

(10) incest

(Mississippi Code - Section 93 - Chapters: 5-1, 5-2, 5-7)

NOT TRUE! The above lists the acceptable grounds in your state to DIVORCE. Fraud or marriage by deception are grounds in most states to ANNUL a marriage. Quite a different animal!

[pushbrk 12,115]

Does anyone know what will happen after I withdraw the petition? I had asked this question earlier before but did not get an answer (hoping someone new is reading now). Will she be deported (as harsh as it sounds)? I am willing to help her financially but she "wants it all".

Any ideas as to what I can do? Thanks.

I'm always sad to hear such stories but from a straight talk perspective, I think it is important that you understand there is no petition to withdraw at this point. Your wife has applied to adjust her status. You are the sponsor. As such, you signed an I-864. An I-864 cannot be "withdrawn" by the sponsor. Your wife can withdraw her application but I can't imagine her doing that. It sounds like she want to stay in the USA and even stay in the marriage.

Your wife will have a hard time convincing a USCIS adjudicator you have a bona fide relationship, if you're sitting there saying you want a divorce but that is not the end of her recourse against you as a sponsor. She can claim abuse, get a green card and hold you to the I-864.

It is even possible, her AOS case will be transferred to CSC and the green card awarded without an interview. That's the case where you would want to intervene, if at all possible, should you still wish to do so. There's a lot to consider here. Competitent legal assistance is probably in order, if you wish to disolve the marriage.

[diadromous mermaid 36]

Does anyone know what will happen after I withdraw the petition? I had asked this question earlier before but did not get an answer (hoping someone new is reading now). Will she be deported (as harsh as it sounds)? I am willing to help her financially but she "wants it all".

Any ideas as to what I can do? Thanks.

....I think it is important that you understand there is no petition to withdraw at this point. Your wife has applied to adjust her status. You are the sponsor. As such, you signed an I-864. An I-864 cannot be "withdrawn" by the sponsor.

.....Your wife will have a hard time convincing a USCIS adjudicator you have a bona fide relationship, if you're sitting there saying you want a divorce but that is not the end of her recourse against you as a sponsor. She can claim abuse, get a green card and hold you to the I-864.

It is even possible, her AOS case will be transferred to CSC and the green card awarded without an interview. That's the case where you would want to intervene, if at all possible, should you still wish to do so. There's a lot to consider here. Competitent legal assistance is probably in order, if you wish to disolve the marriage.

That's not correct. An USC petitioner can request that the AOS be withdrawn on the basis that the marriage through which the alien is afforded the opportunity to gain PR is not valid. Further, if the USC makes a request to withdraw his endorsement on the AOS submission, rendering the alien to her own devices in terms of finding another way to adjust status, the I-864 will fall with the withdrawn application. Bear in mind, adjustment of status depends upon a viable marriage.

[pushbrk 12,115]

Hello everyone,

I do have some further information -- I spoke to an immigration attorney and according to her, when I withdraw the affidavit of support, her visa gets cancelled that very same day (dunno how much of that is true, but she seemed to know what she was talking about).

It doesn't seem to me that she knows what she's talking about. The "visa" has been used to enter the US. Her current status is derivded from the I-94, not the visa. Withdrawing the I-864 would effectively cut off her ability to adjust status any other way than to claim abuse. An I-864 doesn't become binding until AOS is approved.

[Jasman0717 8]

How about irreconcilable differences, that sounds good to me.

[Boiler 43,446]

Hello everyone,

I do have some further information -- I spoke to an immigration attorney and according to her, when I withdraw the affidavit of support, her visa gets cancelled that very same day (dunno how much of that is true, but she seemed to know what she was talking about).

It doesn't seem to me that she knows what she's talking about. The "visa" has been used to enter the US. Her current status is derivded from the I-94, not the visa. Withdrawing the I-864 would effectively cut off her ability to adjust status any other way than to claim abuse. An I-864 doesn't become binding until AOS is approved.

I am not sure if that is a total fact, as far as I know there is no case law, a reasonable assumption, but the law may decide otherwise.

[Ban Hammer 12,842]

Does anyone know what will happen after I withdraw the petition? I had asked this question earlier before but did not get an answer (hoping someone new is reading now). Will she be deported (as harsh as it sounds)? I am willing to help her financially but she "wants it all".

Any ideas as to what I can do? Thanks.

....I think it is important that you understand there is no petition to withdraw at this point. Your wife has applied to adjust her status. You are the sponsor. As such, you signed an I-864. An I-864 cannot be "withdrawn" by the sponsor.

.....Your wife will have a hard time convincing a USCIS adjudicator you have a bona fide relationship, if you're sitting there saying you want a divorce but that is not the end of her recourse against you as a sponsor. She can claim abuse, get a green card and hold you to the I-864.

It is even possible, her AOS case will be transferred to CSC and the green card awarded without an interview. That's the case where you would want to intervene, if at all possible, should you still wish to do so. There's a lot to consider here. Competitent legal assistance is probably in order, if you wish to disolve the marriage.

That's not correct. An USC petitioner can request that the AOS be withdrawn on the basis that the marriage through which the alien is afforded the opportunity to gain PR is not valid. Further, if the USC makes a request to withdraw his endorsement on the AOS submission, rendering the alien to her own devices in terms of finding another way to adjust status, the I-864 will fall with the withdrawn application. Bear in mind, adjustment of status depends upon a viable marriage.

i'm glad you caught that one and corrected it. i was going to question it earlier but had computer issues.

i'm also not sure that claiming abuse is a sure fire method either, as pushbrk earlier listed.

[StillThePrettiest 3]

How about irreconcilable differences, that sounds good to me.

I think the OP answered that earlier - irreconcilable differences is a 'no fault' reason and would therefore require both parties to agree, and the wife won't do it

[payxibka 10,044]

How about irreconcilable differences, that sounds good to me.

I think the OP answered that earlier - irreconcilable differences is a 'no fault' reason and would therefore require both parties to agree, and the wife won't do it

No-fault divorce is divorce granted on the basis of a showing by either spouse a marriage is irretrievably broken. Does not necessarily require mutual agreement. Either party may request, and receive, the dissolution of the marriage, despite the objections of the other party.

Edited August 29, 2007 by fwaguy

[desert_fox 32]

How about irreconcilable differences, that sounds good to me.

I think the OP answered that earlier - irreconcilable differences is a 'no fault' reason and would therefore require both parties to agree, and the wife won't do it

No-fault divorce is divorce granted on the basis of a showing by either spouse a marriage is irretrievably broken. Does not necessarily require mutual agreement. Either party may request, and receive, the dissolution of the marriage, despite the objections of the other party.

This is true. But you make her agree by dangling a carrot. You offer a one way ticket back to wherever and $1000, or what ever it takes. You will need some such agreement anyway to settle any issues, such as division of bills, etc. You cannot make an illegal agreement, such as going thru a fake immigration process. You still need to see a family lawyer in Miss.

[Caladan 19]

She's here on a K-3. It is multiple entry. Tricking her into going overseas doesn't preclude her coming back and it doesn't do a blessed thing to dissolve the marriage or solve any of the immigration problems.

The OP has two separate but related issues. The first is how to dissolve a marriage in Mississippi. We've all looked at the list of reasons but that doesn't tell us whether the OP's reasons for wanting a divorce would qualify: could verbal abuse constitute "cruel and inhumane treatment?" I don't know. But an immigration attorney in MS would.

The second is how to avoid being on the hook for the I-864. Like the mermaid said, it's part of the AOS package and ithat hasn't yet been adjudicated. AOS depends upon a viable marriage, and the I-864 is contingent on the AOS, not merely filing the paperwork.