S & P

She can divorce you as easily as you can divorce her. You can't stop a divorce. My divorce was final in December 1998 but we are still in court fighting over things as of this month.
She can file for divorce and file to ROC with the waiver. If the divorce is not completed by the time she files she can request an extension by showing the filing of the paperwork with the court.
She could also claim VAWA as you are using her immigration status to blackmail her into agreeing to your terms on the divorce.
You cannot stop her ROC and you cannot get out of the I-864.
Stop worrying about her immigration status and get your life together.
And just because she may be in another country she still has the right to contest the division of the property and ask for spousal support. Don't think getting her out of the US will protect you in the divorce. Or if she stays and is not in status nothing will happen in divorce court, immigration isn't going to show up and arrest her, even if they do she can still contest the divorce from jail.

The I-864 is a contract binding you to repay any income based benefits that she may use. It has been rarely been successfully used in divorce court as a lever to gain support. And, if I recall correctly, it was only to make up an income shortfall to get the sponsored spouse up to the poverty line. If she's working, it's unlikely the 864 comes into play.
As far as the other aspects of your finances, that's not a part of immigration. Family court isn't going to enforce immigration law. And the immigration "threat" won't help you in family court. I'd bet on the judge not looking favorably on the course of action you've got planned.
If you do an online search you will find many results. She can proceed for the waiver without you. It may be difficult for her, but you will not be a party to any of the proceedings.
An amicable dissolution is always the best way. Hopefully you can work it out and go your separate ways.

Your post really makes me cringe. Your wife can't just be shipped back to her home country like some cattle, just because YOU want to. It is unfortunate that the marriage has fallen apart, but since you yourself say that there was no fraud involved, she will still be able to remove conditions by herself with a waiver. She what Boiler said.

tip that I think I got from someone who posted on this forum
AS SOON AS POSSIBLE when you arrive in the states on your K1 visa , get your name added to every utility bill, lease, car title, bank account, that you can THEN get a box and save EVERY piece of mail, statement, bill, whatever.... that has BOTH of your names on it, make sure it's a good size box, you can weed out the unnecessary later.. but when it comes time for AOS you'll have all that you need, but don't stop at AOS, KEEP this box and keep adding to it and co-mingling your lives and add the proof to the box and when ROC time comes it will be so much easier to put your evidence together.
Also agree that reading the guides and re-reading the guides and double checking the guides makes this whole process so much easier!!!

tip that I think I got from someone who posted on this forum
AS SOON AS POSSIBLE when you arrive in the states on your K1 visa , get your name added to every utility bill, lease, car title, bank account, that you can THEN get a box and save EVERY piece of mail, statement, bill, whatever.... that has BOTH of your names on it, make sure it's a good size box, you can weed out the unnecessary later.. but when it comes time for AOS you'll have all that you need, but don't stop at AOS, KEEP this box and keep adding to it and co-mingling your lives and add the proof to the box and when ROC time comes it will be so much easier to put your evidence together.
Also agree that reading the guides and re-reading the guides and double checking the guides makes this whole process so much easier!!!

I thought I'd start this thread since there hasn't been a rousing discussion of totally cost or upcoming costs as you flow down the immigration path in a while.
A few people have mentioned their shock at the price of AOS which in the K1 case is being applied for soon after the wedding ($1070-ish - per person x however many are adjusting).
You will also see a few people in the various forums who seem shocked that they should have kept track of things they could use as evidence for ROC a couple years down the road. Either that or they're shocked that they should have started co-mingling finances and filing their taxes together....what the list of things they forgot to consider are.
My best advice after coming through the whole mess for myself and my daughter is that you need to plan ahead for costs, plan ahead for your time when you will be unemployed and for the upcoming fees at the various stages. After the AOS hump life gets much easier though!
Thoughts? Tips for the under-prepared?

First and foremost, there's nothing wrong with her English. She's not really telling us the whole story that is why everything is vague.
Second, chinita if you really wanted the people here to help you out with your situation it will be better to tell the whole story. You should not be afraid sharing personal story since we don't know you exactly in person and no one does.
I hope you won't mind sharing it, at least people could enlighten you with the best answer that suits to your situation.

Yeah, there is a lot of misinformation out there. I was under the same impression for a while too - someone told me that only the children of US and foreign parents could have dual citizenship. But in actuality, as the other posters say, you don't have to relinquish your Canadian citizenship if you become a citizen of another country. I believe that after three years of continuous and ongoing marriage to a US citizen, you are eligible to apply. Someone else can confirm.

Did you ROE say you were moving to be with your spouse? I remember that being a very important part when I applied for mine. Fortunately I was the one doing payroll at the time where I worked so I was able to make sure they ROE stated it clearly.
I know other K1 applicants needed to wait for their EAD in order to actually get their EI approved. I'm guessing this is your case as well. You aren't eligible to work in America and you aren't eligible to work in Canada because you aren't there anymore, right? Have you actually moved? Did you apply too soon?
Others have appealed it as NLR suggested you can do but you will need to be eligible to work first.

This is absolutely untrue. Overstay is forgiven for the spouse of a US citizen (just don't leave the country, it only kicks in then).

If you leave the country before getting AP (or a green card) you will have a ban, and will have to file for a spousal visa from your home country along with a waiver for the ban. If you can wait 2-3 months before leaving, that would be best, as you can file AOS now and you will have your AP in 2-3 months, allowing you to leave the country and re-enter.

You cannot have OHIP if you are not a resident of Ontario. End of story. You can pay cash though and if you are just doing regular checkups it isn't as expensive as you might think. I pushed the boundaries a bit because I did my POE in March of 2013 but didn't actually move until June of 2013. Even though we were still in Ontario and Ontario considered us residents, I felt that it wasn't right to abuse the system and paid cash for my appointments and my kids' appointments. I had hoped we wouldn't need any before we left Canada but we did a couple of times.
I can understand missing the doctors and the system, that's for sure. When my aunt was being treated for cancer about 10 years ago we wanted to bring her back to Canada for treatment but even then she was going to have to wait 3 months to qualify! Crazy. But it is what it is. The system is for residents. If we are residents in American then we cannot be residents in Ontario. We can't have our cake and eat it, too. I'm sure plenty of people lie and pull it off but as others have pointed out, that would indeed be fraud.
Good luck with whatever you decide to do. I know if I were sick with something serious, I would think long and hard about moving back.

Yes all provinces do differ....BC stated a few yrs back they were going to crack down on Cdn citizens that were no longer a resident..but using the medical system as it was costing them $$$$$$. Simple way to look at it--Healthcare is not free--based on taxes..your no longer paying taxes, so no longer entitled to Cdn Healthcare

The US and Canada have a rule between them. You cannot be a resident of both countries. Every time someone has asked a question about health care on the board and people have called their various provincial health care providers, the answer is the same, you lose coverage the minute you become a US resident because you are no longer a Canadian resident of any province. Anytime you visit Canada from thereon-in, it is best to have travel insurance.

Lot of people of got EI.....You have to look and see what type of Visa people came in on....CR-1 and IR-1 can work right away when they enter the USA, so they are eligible for EI $$$ right away.......K1'ers are not work eligible right away...you still need to apply for EI right away....BUT your not going to get any EI money until you have the EAD in hand (not just apply for it) But remember..you (K1) still need to apply for it....Once u get the EAD, you will Scan/email/fax it into the EI office

I agree, you are applying too early. I did that too. You have to wait till you have your EAD to apply

To get EI.. you have to be able to work--not just have applied for ur EAD..but to actually be in possession of it...

You have done everything you could to notify the ICE, USCIS, US Embassy.
He has no other way to legalize his status here since he entered on K1 visa.
Also, you should contact all 3 credit bureaus and freeze your credit report, in case of identity theft.

Any kind of threads "US food sucks" are stupid - you can get any kind of food here, you just need to look and pay for it. Bread from Walmart with 3 months expiration date sucks, but why would anybody expect anything different ?

I bought a really nice big umbrella from Shopper's Drug Mart. It has a long pointy end. I think I'll carry it with me when I walk around the big cities incase anyone decided to go crazy! I'll just bop them on the head a few times with my unassuming umbrella!

C'mon man, by your own admission you had red flags from the start:
"The truth is, we were young and she had a student visa before. She had to leave the university because she could no longer afford it..."
- You were both young. Probably too young to take on a responsibility like marriage.
"She came to visit me and we talked about how getting married will be a way for her to stay longer..."
- You discussed marriage as a way to extend her stay, not as a recognition of your eternal love.
"I don't know if I am able to prove it, but her education was always soley her main goal in her life and she was really broken that she wasn't able to finish her university on her student visa..."
- You don't have to prove anything, it is rather evident that she put her education before anything else in her life, including you and your family. You ultimately knew this and still went ahead and married her.
"I really did love her and I wanted nothing more but for her to love me back and make things work. My family and I sacrificed everything we had for her. We got a house, helped her get a car and a job and the endless amounts of gifts, but in the end she just said 'she didn't love me as much as I loved her'..."
- I believe you loved her because of your time and resources spent on wanting to make your relationship work for your own needs, and she in turn used your love and generosity to educate herself, which by the way by her understanding was the whole purpose for getting married -- to extend her stay in the USA and complete her education.
I despise people who commit visa fraud as much as the next person, however, by your own admission she did not enter the marriage under any false pretenses, it was in good faith, even though she did not love you as much as you loved her from the beginning. You can't just marry someone and "hope" they grow to love you. I say sign the papers, and move on.

Compassion needs to run both directions. Some have no life to go back to, once leaving their own country to be with a spouse or get married in the USA. Other's have every reason to go back. Should we make a law for those that gave up everything to come here, and have no way of surviving back in their home country now be forced to return home because a marriage didn't work out? I realize this guy is hurting, and its real shame his marriage ended, but I also didn't see anything he said that shows fraud was involved. No doubt he should have waited longer before bringing her here and making sure the relationship was strong enough to handle what was going to be needed to make a marriage work. Some people just don't have the skills or determination to make one work. And just because there is a I-864 in place, doesn't mean she intends to use it in order to take advantage of the sponsors.

It would be better for you if she gets citizenship because then your responsibility stops.
From the stand point of getting citizenship if she had fraud in mind from day one then yes, not fair but there is nothing you can do now.
The government is not responsible for you chosing someone who acts like she does....what policy do you want changed ?
Jumping into a relationship and ignoring flags is something you have to be accountable for yourself and live with the consequences.
People can be very 2 faced but there are always signs that are ignored. She may have really loved you but fell out of love. It happens.
You can't just assume she defrauded you because she wants to end the marriage.
She got her GC a year ago and just a wek ago said she wants out.
I see no behavior description in your post pointing to obvious fraud.

I don't see any advantage to not immediately filing for divorce, as long as you are emotionally comfortable with the decision. By remaining married, you are legally liable for debts she aquires. I personally do not see any advantage to remaining married under these circumstances. You need to quickly take steps to seperate your lives (including financial...do you really want her to have continued access to your bank account balance?). I am not familiar with Wyoming laws but many states are community property states, which extends to both assets and debts.
As for the immigration side of things, unless you have good proof she entered into the marriage for fraudulent reasons I don't see any benefit to notifying USCIS. She can adjust status on her own, divorced or otherwise. Sure, you can notify them of the change in circumstances, but it will be up to her to adjust status. At this point what is done is done - the best you can do is limit your future liability via divorce.
Best of luck.

Once approved he can't withdraw it.