options

[asdf1 0]

Sorry if wrong forum. I am wondering what my options are.

K1 completed. Marriage in us within 90 days. 5 months have passed. No further paperwork completed. Things are not working out. Wife is from Philippines. If i cancel my petition am i still on the hook for support. I130?

[Georgia16 2,858]

I-130?? you don't use that for K-1 via.

You mean I-134?

She has no way to stay here when she doesn't adjust with you.

[Ryan H 3,791]

Moved from K1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[Anitafeliz 1,133]

You should make an info pass and speak to an immigration officer.

Are you sure you cannot work things out?

[aaron2020 11,651]

Hi,

Since you have not filed any additional paperwork after getting married, then you do not have any obligations under the I-134.

You mentioned the I-130. When did you file this?

Entering on the K1, she can only adjust status for a green card through you, her K1 petitioner. She can never adjust status through any other means including another USC spouse.

Divorce and buy her a ticket home.

After 5 months, she is here illegally and can not legally work.

Family court will not care about her immigration status. Depending on your state, she can ask for alimony.

[Illiria 980]

No need to make an info pass if you haven't submitted the adjustment of status paperwork, just file for divorce and don't submit the I-485, the I-134 affidavit of support form isn't enforceable and only applied to the fiancée visa and she won't be able to adjust status with anyone else. She should return home but there is no way you can force her to, she could chose to live illegally in the us but that's on her and not deemed as your fault.

Edited July 28, 2016 by Illiria

[asdf1 0]

Thanks for the replies.

I do have prenup.

Offered ticket she will not use it.

[Merrytooth 5,748]

So what is her plan if she won't leave your house or US?

Be careful of 'manufactured' domestic violence incident.

[aaron2020 11,651]

Go see an immigration/family law attorney.

Protect yourself against her falsely claiming domestic violence. Well known in the PI community that this is a way to get a green card.

[Eric-Pris 1,602]

You didn't file for a green card yet, so you are not on the hook for anything.

Since the 91st day of arriving here, she is out of status/illegal.

If you are sure about ending the relationship, file for divorce and boot her out of your house. You may need the police to remove her if she won't leave on her own. Never physically try to remove her yourself or you'd be giving her an easy way to get a green card, through abuse (VAWA).

Whether she chooses to leave or stay is really no longer your concern, you have nothing to worry about. Once you file for divorce, cut off all contact with her (except through lawyers) and never meet with her alone (easy to accuse domestic violence).

[aaron2020 11,651]

You didn't file for a green card yet, so you are not on the hook for anything.

Since the 91st day of arriving here, she is out of status/illegal.

If you are sure about ending the relationship, file for divorce and boot her out of your house. You may need the police to remove her if she won't leave on her own. Never physically try to remove her yourself or you'd be giving her an easy way to get a green card, through abuse (VAWA).

Whether she chooses to leave or stay is really no longer your concern, you have nothing to worry about. Once you file for divorce, cut off all contact with her (except through lawyers) and never meet with her alone (easy to accuse domestic violence).

He can not legally boot her out by filing for divorce. He would need a court order, and no judge will evict her during the divorce proceedings.

[Russ&Caro 1,548]

Lawyer up. Hope that your pre-nup is solid. Don't try to go the cheap route on the divorce. If you had assets to protect via a pre-nup, then she'll probably go after those assets.

He can not legally boot her out by filing for divorce. He would need a court order, and no judge will evict her during the divorce proceedings.

Exactly! OP shouldn't be concerned about her staying or not. His big priority should be to protect himself and his assets with a proper divorce.

[aaron2020 11,651]

If he illegally "evict" her, he will be in deep in the divorce proceedings since he would be acting in violation of the law. Physical contact could result in criminal charges against him.

Getting her out of the house is reserved for the divorce proceedings.

He can avail himself of self help by leaving the house. He can not force her out. He needs a court order to evict her.