trublubu2

Not to be unkind but if you can not afford to fly there again, how did you think to pay the upcoming fees?
the AOS was $1070 and has gone up
his flight to the US if you were paying
the $165 visa fee
and all the expenses after his arrival like buying health insurance
this is not a cheap process
you can reapply but it would require more visits to his country / I made 5 and stayed a month twice, 2 months, and 3 months twice

I know you are hurt and shouting from the mountaintops about your ex wife.
I strenuously disagree that people who have no claim to VAWA should "go for it." It is an abuse of the system, and takes time away from other legitimate cases. Anyone is able to fill out the forms and sent them in, sure, just like I can mail a letter to the Vatican and say please make me pope here is my CV and a lollipop.
Obviously that won't work, so the fact that I can do it should not be a part of the decision, since it would do no good and not have the outcome I desire. The case of VAWA is even worse since it would involve fraud and lying, only to have that fraud be discovered and the person making the claim deported and banned.
That is why I am surprised the OP thinks that his wife should do it because she can... without realizing that she would have to accuse him of abuse and fabricate evidence against him which he could never rebut.
Putting forth a message that "anyone can do it and buy some time" only encourages scammers who think VAWA a loophole. It is not a loophole, it is merely a safety net for victims of abuse.

Ok this makes a lot more sense now.
Since your wife came on the K1 visa and you married and filed AOS but have since withdrew your support and canceled the AOS, there is no way she can adjust status with out filing a VAWA claim.
Because you are stating there was no abuse in the marriage she would have to file a false claim of VAWA. Is she going to do this? I dont know. Has she already done this? I dont know. But it is the only way she can remain in the US.
She can divorce you, leave the US and return on another visa, but for her to remain here uninterrupted she needs to file VAWA.
Right now it appears your wife has moved out of the home. She has hired an attorney or got one from a legal aid service, and has served you with divorce papers. Shes asking for a lot in the divorce.
In a divorce either the two parties can agree to things and write a settlement agreement up and present it to the judge who signs off on it and makes it final or they dont agree and the each side presents a case to the judge who makes a ruling on each issue and whatever the judge decides is final.
In your divorce papers it will say what the issues are. From what you posted so far it seems the issues that need to be decided or negotiated are- spousal support/her living expenses, her legal fees, you didnt mention any joint debts or assets but its a standard thing that must be divided.
So you need to decide what is your position on the above. Most people here would say you have been more then generous (if not taken advantage of) in allowing someone who you determined had married you for benefits to live with you for a period of time after you discovered it.
Most people would also agree that the court is not going to award spousal support/legal fees to a spouse based on a short marriage for immigration benefits.
Youre also a bit off on the whole- "Spouses have the full right to live in this country becuase they can try to file for VAWA which is their right and they are in status again till the decision is made." That is correct. Aliens have the right to file a VAWA claim. But no one has the right to file a FALSE VAWA claim. That is an abuse of the system.
Your spouse has no grounds to pursue VAWA based on what youve said. She has no legal right to remain in the country. You would not be "acting like a angry spouse who wants my spouse out of this country" because she has no rights to live in this country.
Those statements and posts you read are about people whose spouses are greencard holders, and the USCs are mistakenly under the impression that when they divorce, the ex should be booted from the US. Thats not you. Or USCs who divorce/separate and the spouse has a legitimate claim of VAWA. Again, not you.
You have the right to insist that your spouse should not be here because she has no legal right to be. You should report the fraud to USCIS and have it attached to her A#, because thats all you can really do, so dont let it consume you. You can not stop her from filing a false VAWA, but you can make it more difficult for her to be approved. Like ruth posted, never be alone with her. There are no police reports and if youre never alone with her, there never will be any in the future.
Take a hard stance in the divorce. It was a short marriage. There was fraud involved. Her contributions were zero. You owe her nothing.

Yes, I can also apply to be the pope and for citizenship on the moon, but to do so would be fruitless. VAWA is for abused people, and the OP seemed to think that it was anyone's god-given right to live in the US through VAWA, which is not how it works. Mentioning they technically can apply even when they have no case seems to me like sheer pedantry.

1) Realize that your husband is responsible for himself. He quit his job, left his family and friends, and came to the U.S. knowing the risks. If he didn't prepare himself for the possibility of things not working out, it's not your fault. It's his responsibility to have a contingency plan for his decisions.
2) Protect yourself. Withdraw your I-864 immediately. You don't want to be on the hook for that.
3) Ignore the misguided sermons about marriage. You already know what you need to do. Get a divorce and move on.

1. As he entered on a K1 there is a chance he will be approved without interview. That's taking a while. If there's an interview and you attend saying "we're filing for a divorce once he has his GC" it doesn't' matter how much evidence you have of your relationship, they're going to think you're just helping him fraudulently get a GC. It just doesn't sound good.
2. You are locked into the I-864 until any of the conditions listed on the form occur. this does not mean that you need to pay him, or are liable for his debts, but you MIGHT be sued by the US government to repay any means-tested benefits he uses... and to be honest, with Obamacare making healthcare mandatory, we've got no idea what sort of eligibility changes may occur. I would say it increases the risks of him using those benefits because he "has to".
3. Usually 30 days after denial I believe.
4. Well outside of the I-864 no. If you interview it will look like you both lied in the interview and planned to divorce all along. Might make his ROC harder... might might might.
Personally I wouldn't do it. He can go leave the US, buy/rent another house, get another job (or see if he can get his old one back). It's not ideal but you would be protecting yourself. You don't need to write a letter with your I-864 withdrawal but you can if you like, stating that it's only because of the incompatibility. I have to ask why "being happy" means YOU sacrifice your financial security just so that HE gets to stay here. Why can't "everyone be happy" mean he returns to his home country, you continue on with your life. Why does he have to gain and you lose?
I've seen enough things occur on these boards over the years that the idea of letting theI-864 get locked in and being on the hook financially when you know your relationship isn't viable... is terrifying to me.
p.s. I am the immigrant. I would have gone home had the relationship failed. I would STILL return to Australia, even this long in. That's because I'm not here for the GC. I can make my way back home perfectly fine. Yes I gave up possession, work etc, but I can get those back.

Thanks for all your responses let me explain why I came to this conclusion: Before meeting me, first, my father in law told my husband to be careful and check that Im not a latin girl trying to get pregnant to get a green card. Then when I visited for the first time and met him, gave my husband and me a box of condoms saying he found them at home and they could be "handy". Well...after we got married I had an emotional meltdown, getting married+homesick so I was in a bad mood pretty often, so one night we had an arguement with my husband (pretty strong one I talked about divorce) and he called his father, whom came home and treated me like **** saying that Im crazy that he should really divorce me and that since Im an inmigrant I should be careful of what I say/do. After that we never spoke to him again because he didnt want to apologize saying I deserved it. So....my mother in law (they are divorced with my husband s father), after this arguement sent an email to my husband again saying he should be careful and check I take my birth control pill (???) whats the obsession with pregnancy? trust me we are only 25 and 27 so we want to be alone for a while. And she keeps on calling and saying what to do, what we do wrong or right, etc. The other night we had to call 911 because I fainted after a wisdom tooth surgery and she said that it was embarassing to call 911 for something stupid like that, that I overreacted. My husband doesnt like confrontation so he always tells her yes yes yes to everything on the phone and then tells me he doesnt really agree with what she says so Im always the "bad guy". Sometimes I really want to leave back to my country and leave all this crazy people behind. Thanks for reading me!

why do these misogynists always come and try to convince women that they deserve abuse and to stay with their abusers?
@millz, please listen to @aaron2020 who told you to find and communicate with an immigration lawyer to find out your rights and options--and also to @sandraj who told you to go to the violence against women act (vawa) thread to learn more about what you can do.
please get out now before it gets worse, because abusive people never change once they've decided to go down that path.
may you find peace in life.

So sorry to hear this. Sadly the system is against you. I do find it rather messed up though that a USC Husband can be a douche by cheating, then a double douche by forcing someone to go back home. It actually happens to people that have been building their life for a while and have given up everything to be with their spouse, and they're left going back to absolutely nothing. There are so many topics on this forum about USC getting "scammed" and "revenge" posts, yet this is a perfect example of a USC screwing someone over. It happens a lot too.

I think I understand what you're getting at, it's not the US CBP you're concerned about, I also had a stamp in my passport, this was because I was issued with two NOA documents with different numbers, to avoid confusion, USCIS gave me a stamp as well. When I traveled with the stamp, the only issue I encountered on multiple trips was with an airline from where I was departing from, I can't recall which one it was, but the ground staff was very hesitant to let me board for the US without seeing my Green Card. I understood it was because the airline could be on the hook for taking you back if you are not admitted into the US. What I did was ask to speak to a supervisor and after multiple discussions and calls (I have no idea who they spoke to), they let me board. I'd suggest that you bring copies of your support documents with you, and make sure you allow ample time for additional discussions before your flight.

Why can't your fiance get a better job?

Yeah, said lawyer does not know something that dozens if not hundreds know on VJ. I-134 is NOT legally enforceable.

This. Also, by flying to Dublin first & going through CBP pre-clearance there, you don't have to worry during the long flight because you are already admitted into the US of A (otherwise you would not be on the plane LOL).

Something else to ponder: the I-134 is not legally binding so why did the co-sponsor change their mind?
(I-864 on the other hand is legally binding.)

Just a little paranoid..don't lie, come over on a VWP and if they ask at immigration, then tell them. They will likely ask to see evidence of a return flight then it is up to the immigration officer whether he / she believes your intent to enter (which is their job to do for everyone coming through immigration on a daily basis). It's not illegal to marry an American you know...
I've been married to an American for almost 12 years and when we lived overseas (particularly when we lived in India), on arrival in Detroit under VWP, they ALWAYS asked me for proof of a return flight then let me through...no different from your situation.
Look, you can keep going the way you're going and have a huge chance of getting no where considering your circumstances or you can say ####### it, and book your flight, get married then come home again.

You 100% for sure can come on VWP and marry so long as you intend to leave. You don't need a particular visa for that (as I understand you do for UK). If you can demonstrate that you intend to return to the UK on that trip, they don't care why you're making that trip. At the top of the K1 forum, there is a thread entitled "Yes you can visit". I understand your concern but it is so fantastically unlikely that you're being a bit silly (your plot to go tens of thousands of dollars in debt to pretend you have assets that you do not have is *significantly* riskier from both a financial and fraud and "they'll see right through it" standpoint). Think... I don't know. A chain smoker being worried about getting cancer from their microwave.
That said, you do not have anywhere near enough funds between the two of you to make your immigration, whatever path you take, work without a cosponsor. You're a bit stuck, I agree. See if she can talk to the co-sponsor again, or if she can get a new or additional job. Or, if you're really serious about this, you could both live in Ireland or another EU country, which does not have the same income restrictions as the UK. You can go, get a job there, and bring her over as a spouse. I believe that that is a fairly common solution to the UK income requirements, but I could be mistaken.

I think the bottom line to all of this discussion is right now Rob does not qualify to immigrate to the US for lack of finances. They have rules for a reason. The UK has rules for the other way around. They want to exclude masses of people who will over-burden the welfare system even more. Jen needs to get a better job and you need to save a mountain of cash. When that happens, you can immigrate. Trying to cheat the system is a slippery slope.
Love and $7000 a year won't give you a happy life in America. Do it the proper way or delay your plans.

Very paranoid, in fact. Fly through Dublin. It has a CBP pre-clearance facility, so you'd know if you are allowed to enter the US before boarding your plane in Dublin.

That's really weird if you are getting a K1 just to enter, marry & leave. Waste of money and effort IMHO. It IS perfectly legal to plan to enter & marry on VWP as long as staying & adjusting is not part of the plan. No need to lie...
Not to mention that no sponsorship is necessary for a VWP getting married trip.

Ok, I get it. You've decided you want the American Dream. But on $7000 a year between you (it will be many months before you can work if you are doing K-1) it's going to be tough. Much more to life than the weather. What about healthcare and its costs? On $7k a year between you that must mean you won't even have your own place? Not sure where you're going in the USA but few places have "better" weather than the UK. Hotter, yes. But with that comes storms, hurricanes, tornados, drought, wildfires, earthquakes, etc. I wouldn't live in my husband's birth state, California, for all the tea in China!

I think you've misunderstood something.It's perfectly acceptable to marry under the VWP and leave. We did. Many do. Virgin Holidays makes a fortune out of Brits going to Las Vegas and Florida to get married. I think Las Vegas is one of the top destinations for Brits getting married abroad. You don't need a K-1 just to get married and leave. Use the VWP for that.
I don't know what on earth you mean by "I'm a terrible liar so it's a risk". I never once lied to immigration in over 40 trips and got married on the VWP. It's not illegal so what's to lie about?
You do have another option - a UK spouse visa for her.

Just clip your stuff together coherently and use cover pages on each, telling what it is. Easy-peasy.

Don't waste the money. USCIS will throw them in the garbage.

I know people like to be organized, but there is no need to buy anything, or to even punch holes. Do NOT spend any more time or money on things like this for USCIS, unless it gives you some kind of special joy or something. A big stack of papers with a rubber band is FINE. You don't get extra points for using ACCO.

I would not put any more effort into this.