Divorce after K1 Visa, but before Green Card processing

[waterski 0]

I met a woman in South America about 1.5 years ago, and after visiting her 6 times I decided to get her a K1 visa. We married 70 days in to the K1 Visa. Our Wedding was in the summer of 2009. She's been showing a much darker and disturbing side since our marriage (all I'm going to say about that), and divorce is the correct thing to do. I am confused on what the process is. I live in NC which requires 1 year of separation. However I don't think she can stay here, since she has not yet been successfully processed for a Green Card. We began the process but her Medical Exam from Peru was rejected, and we are in the process of re-doing that in the USA. What are my options? Putting her on a plane home is easy but then how do I ever get the divorce finalized?

[Kathryn41 3,205]

Moved from Off Topic Forum to Effects of Major Family Changes on Immigration Benefits forum as the poster is more likely to get useful advice here.

[KansasJayhawk 1]

You need to act fast.

STEP 1:

goto infopass.uscis.gov and find out the address of the service center. If you are an American citizen you do not need to schedule an appointment if you do not wish it...just do what I did and go there. Have a printed out statement withdrawing yourself from the visa process for your wife...be prepared to sign it in front of a case worker who will pull your wife's immigration paperwork that is electronically stored on all immigration/DHS computers. Sign it. Then call the ICE 1-800 number and let them know.

STEP 2:

Do not tell your spouse what you just did....perhaps even goto the courthouse and have a temporary restraining order placed for your protection against a future charge of domestic violence. If you do not do this, I would advise you to go stay with friends or family for a month. She will become violent likely when she finds out and try to use the last desparate trick in the immigration scam book and get you charged with domestic violence, it may get dismissed in time as they usually all are but you do not need to deal with the hassel.

STEP 3:

She will become out of status after the 90 days and become deportable since she has not gotten her permanent green card and can't waive conditions because she does not have the conditional card. If she has not left your place yet, they you have to get the restraining order and have the police remove her...do not go there without a witness, I can not stress this enough.

STEP 4: FILE FOR DIVORCE, PREFERRABLY ANNULMENT BASED ON IMMIGRATION BENEFIT FRAUD IN STATE COURT. She may try to hide to not be served the paperwork, continue it...even if you do not know her location.

BEFORE YOU GO IN TO USCIS...close all jointly held accounts(your accounts that you added your name to, she will clear them out if she has an opportunity).

You may via email ask to purchase her a plane ticket but do it through email only. There is a form she may fill out as well with USCIS where she agrees to be removed and USCIS will remove her at the government's expense if she can not afford it....this is what I would do since you have spent enough time and money to be defrauded in the end.

Keep reciepts of all your expenses on her. They will become tax deductable since you have lost income/assets as a result of a crime which you have reported. I reported 10,000 in losses from fraud to the IRS. If you purchased a ring for 5000 and sell it for 3000...that loss is considered capital gains loss and I would report that as well.

most importantly, act fast....a false charge of domestic violence may not seem like much....but it is comparable to raping a persons good name. Fingerprints stay with the FBI FOREVER. Even if the charge is eventually dismissed at the state level.

[Susita 175]

KansasJayhawk ~ that's great advice if he's dealing with fraud, but he hasn't said anything about immigration fraud

Waterski ~ as far as filing for divorce while your wife is in Peru, it can be done. You should consult with a lawyer regarding your state's requirements, but in general, you would just file and have to give her notice. You need to have her served served in a legally binding way that will show the court she received the papers and chose not to answer. When she doesn't show up in court, the case proceeds without her. I would recommend getting an attorney that specializes in international divorce.

Good luck & I'm very sorry to hear it didn't work out

[diadromous mermaid 36]

I met a woman in South America about 1.5 years ago, and after visiting her 6 times I decided to get her a K1 visa. We married 70 days in to the K1 Visa. Our Wedding was in the summer of 2009. She's been showing a much darker and disturbing side since our marriage (all I'm going to say about that), and divorce is the correct thing to do. I am confused on what the process is. I live in NC which requires 1 year of separation. However I don't think she can stay here, since she has not yet been successfully processed for a Green Card. We began the process but her Medical Exam from Peru was rejected, and we are in the process of re-doing that in the USA. What are my options? Putting her on a plane home is easy but then how do I ever get the divorce finalized?

If there is no adjustment of statyus application pending, then simply proceed with the separation.

[leith@Ievgeniia 8]

this may sound like common since but stop all filings with the go't and tell them you are going to divorce her and give all reasons. no matter how painful they are.

give them heads-up on this. that way your in clear and she will be out of status!!!

also contact all credit agencys transunion, equafax and so on and put a block on your credit so nobody can open any line of credit with out calling you direct and ask you if you did this.

also idenity theft notice on them may help also. if it is going to go bad it may go realy bad if it is a scam on k1 visa

[diadromous mermaid 36]

this may sound like common since but stop all filings with the go't and tell them you are going to divorce her and give all reasons. no matter how painful they are.

give them heads-up on this. that way your in clear and she will be out of status!!!

also contact all credit agencys transunion, equafax and so on and put a block on your credit so nobody can open any line of credit with out calling you direct and ask you if you did this.

also idenity theft notice on them may help also. if it is going to go bad it may go realy bad if it is a scam on k1 visa

Falsifying a criminal report, as in a false claim of identity theft against an alien, is NOT wise advice. There's been no fraud alleged. The OP simply said divorce is the recommendation. People, where are your scruples and ethics?

[Bob-KhaHan 1]

Falsifying a criminal report, as in a false claim of identity theft against an alien, is NOT wise advice. There's been no fraud alleged. The OP simply said divorce is the recommendation. People, where are your scruples and ethics?

What I think leith@Ievgeniia is saying by "identity theft notice" is that if someone tries opening any new accounts, then the OP would be notified by phone, email, etc of the activity. Basically by either calling each credit agency or using a service such as LifeLock.

[salshi 1]

God why we are judging people here instead of trying to give them the legal path and direct them of what we know, we are hearing from one side and even he said he is confused so we better not to judge people, not every relationship is meant to be, you can go ahead and consult nearest immigration office they will give you the right path. Good luck

[verysadguy 170]

You need to act fast.

STEP 1:

goto infopass.uscis.gov and find out the address of the service center. If you are an American citizen you do not need to schedule an appointment if you do not wish it...just do what I did and go there. Have a printed out statement withdrawing yourself from the visa process for your wife...be prepared to sign it in front of a case worker who will pull your wife's immigration paperwork that is electronically stored on all immigration/DHS computers. Sign it. Then call the ICE 1-800 number and let them know.

STEP 2:

Do not tell your spouse what you just did....perhaps even goto the courthouse and have a temporary restraining order placed for your protection against a future charge of domestic violence. If you do not do this, I would advise you to go stay with friends or family for a month. She will become violent likely when she finds out and try to use the last desparate trick in the immigration scam book and get you charged with domestic violence, it may get dismissed in time as they usually all are but you do not need to deal with the hassel.

STEP 3:

She will become out of status after the 90 days and become deportable since she has not gotten her permanent green card and can't waive conditions because she does not have the conditional card. If she has not left your place yet, they you have to get the restraining order and have the police remove her...do not go there without a witness, I can not stress this enough.

STEP 4: FILE FOR DIVORCE, PREFERRABLY ANNULMENT BASED ON IMMIGRATION BENEFIT FRAUD IN STATE COURT. She may try to hide to not be served the paperwork, continue it...even if you do not know her location.

BEFORE YOU GO IN TO USCIS...close all jointly held accounts(your accounts that you added your name to, she will clear them out if she has an opportunity).

You may via email ask to purchase her a plane ticket but do it through email only. There is a form she may fill out as well with USCIS where she agrees to be removed and USCIS will remove her at the government's expense if she can not afford it....this is what I would do since you have spent enough time and money to be defrauded in the end.

Keep reciepts of all your expenses on her. They will become tax deductable since you have lost income/assets as a result of a crime which you have reported. I reported 10,000 in losses from fraud to the IRS. If you purchased a ring for 5000 and sell it for 3000...that loss is considered capital gains loss and I would report that as well.

most importantly, act fast....a false charge of domestic violence may not seem like much....but it is comparable to raping a persons good name. Fingerprints stay with the FBI FOREVER. Even if the charge is eventually dismissed at the state level.

This all great advice and very similar to what I did.

[VanessaTony 3,567]

So she has been out-of-status since 2009. You have been married for almost 3 years. This means on successful AOS she will get a 10 year card.

The above advice from other posters is fine IF there is fraud but you haven't suggested there is.

Basically you can file for divorce here without problem. You should halt any immigration process AND make sure you are NOT alone with her at any stage. She can try and get a GC by accusing you of abuse.

You said "putting her on a plane home is easy" so do that. Buy her a ticket back to Peru. Withdraw your I-864 (you cannot cancel the AOS process as it is not yours) and file for divorce. You can also not reply to the RFE (I assume RFE?) she got for the i-693 and the case will be denied.

I will also mention due to her overstay once she leaves she will have a 10 year ban on returning to the US. It is waiverable though.

[verysadguy 170]

So she has been out-of-status since 2009. You have been married for almost 3 years. This means on successful AOS she will get a 10 year card.

The above advice from other posters is fine IF there is fraud but you haven't suggested there is.

Basically you can file for divorce here without problem. You should halt any immigration process AND make sure you are NOT alone with her at any stage. She can try and get a GC by accusing you of abuse.

You said "putting her on a plane home is easy" so do that. Buy her a ticket back to Peru. Withdraw your I-864 (you cannot cancel the AOS process as it is not yours) and file for divorce. You can also not reply to the RFE (I assume RFE?) she got for the i-693 and the case will be denied.

I will also mention due to her overstay once she leaves she will have a 10 year ban on returning to the US. It is waiverable though.

How does one "properly" pull the I-864?

[VanessaTony 3,567]

How does one "properly" pull the I-864?

I don't understand why you've got the word "properly" in quote marks when quoting my post as I did not say anything about properly pulling it. Your suggestion in Step 1 of your post is fine. He needs a signed letter and hopefully will get something back from them indicating it's been pulled.

I also agree with your advice that he not see her alone. Any references to 90 days or fraud however do not apply to the OP. Hopefully he can get this sorted out without too much drama.

[Maria TH 20]

OP posted this since Dec 2009.. This is an old thread..

[Penguin_ie 5,994]

*** closing zombie thread ****