False accusation of abuse towards alien husband!!

[aleful 1,905]

Hi

I am the petioner,my husband is on a k-3 visa,I withdrew the I-130 but still has not gotten aproved,We have a no contact order from a fake domestic violence charge and I am waiting to get it dropped.How do I get my husband out of my home once its dropped,Hes there in my home and im somewhere else.I own it soley.Can I file an eviction notice while hes still here under my obligation on a k-3.?Do I have to wait till the I130 withdraw gets approved or I get divorced?IM so confused and cant live in my own house!Thanks all!

like someone said you should consult an attorney. If your going to divorcee him, get a divorce attorney and find out what you can or can't do.

[Deputy Purple 1,294]

If he got a No Contact Order against you then at this point in time you have less rights to be at that address then he does. You need to get the Domestic Violence stuff taken care of and don't try the stupid "send 4 friends with a lease" thing as it will really make you look like an abusive spouse.

[sus 70]

Call the county sheriff's(or local LE) and report him for Trespassing. If he is not on the mortgage, and you have no legal residential contract (i.e. he rents from you and you have a contract(lease) saying same) He is trespassing. End of Story. However I would wait until the DVO is dropped, just to be on the safe side I went through something very similar with my ex...

good luck

Not accurate for all, it depends on what state you are in - in some states, all it takes for someone to establish residency is to be receiving mail at your address for about 6 weeks - then you have to go through the whole eviction process.

Besides all of that, the house is the marital home, and as such you can't just evict them - You have to file for the divorce and ask for possession of the home -

[Joan >3 Bob 20]

I guess you did not think of a prenuptial prior to getting married to protect all of your assets that you had prior to marriage. I am not trying to rub anythig in to you I just see so many people on this site bash prenuptials and here is a prime example where one should have been in palce. Good luck and I hope all turns out well for you.

[thongd4me 69]

Hi

I am the petioner,my husband is on a k-3 visa,I withdrew the I-130 but still has not gotten aproved,We have a no contact order from a fake domestic violence charge and I am waiting to get it dropped.How do I get my husband out of my home once its dropped,Hes there in my home and im somewhere else.I own it soley.Can I file an eviction notice while hes still here under my obligation on a k-3.?Do I have to wait till the I130 withdraw gets approved or I get divorced?IM so confused and cant live in my own house!Thanks all!

I didn't read any of the other replies, but it kind of rings an alarm bell

to see that you admit filing a "fake domestic violence charge"

and have the cheek to want him cleanly and efficiently

out of your house and life after conveniently having cried "wolf"

when you were not in any danger.

If it was HIM that filed the no contact order against you that's another story entirely.

You are not clear on this, i.e. who filed the complaint. Others have assumed

that it was him.

That however doesn't help the fact that you feel your marriage has been irretrivably broken, so the answer to your question is that

he will probably leave if you ask him to but if not,

you have to get a divorce lawyer and file a complaint.

Once the case goes before the judge

he is likely to order that if you ask for it.

That may take a month or longer.

This is a domestic issue separate from your immigration issue.

The two are related but in the eyes of the court, separate because

the court doesn't care if you withdraw your sponsorship or not.

Edited July 28, 2010 by thongd4me

[DanielParul 50]

I didn't read any of the other replies, but it kind of rings an alarm bell to see that you admit filing a "fake domestic violence charge"

and have the cheek to want him cleanly and efficiently out of your house and life after conveniently having cried "wolf" when you

were not in any danger. If it was HIM that filed the no contact order against you that's another story entirely. You are not clear on this.

That however doesn't help the fact that you feel your marriage has been irretrivably broken, so the answer to your question is that

he will probably leave if you ask him to but if not,

you have to get a divorce lawyer and file a complaint.

Once the case goes before the judge

he is likely to order that if you ask for it.

That may take a month or longer.

This is a domestic issue separate from your immigration issue.

The two are related but in the eyes of the court, separate because

the court doesn't care if you withdraw your sponsorship or not.

I think the husband filed false domestic violence charges and got her arrested.

[thongd4me 69]

I think the husband filed false domestic violence charges and got her arrested.

That is not clear from either of her posts, but is a possibility.

If there is no clear & present danger to her, I'm guessing

she has to wait for the judge to make an initial ruling in the

divorce case.

If there is danger to her, a trip to the local police department

would be in order but she should consult her lawyer first

because he/she would know what is possible in her state and locality.

[Enlighten one :) 5]

My heart goes out to you.

My ex called the cops on me when I wasn't even home. He waited outside for me to return from my son's football practice then he called teh cops, while my son was there.

Claimed he was afraid of me and needed help getting his stuff. THe minute I seen the cop outside waiting for him I had a chance to fill him in that he was being used to claim my husband was abused and proof for his immigration. Teh cop was nto impressed.

I did not have as much to loose as you did. My son was just confused.

Stay strong. Do not elt the devil steal your life. Sounds like you need a good lawyer. Start fighting back.

[thongd4me 69]

That is not clear from either of her posts, but is a possibility.

If there is no clear & present danger to her, I'm guessing

she has to wait for the judge to make an initial ruling in the

divorce case.

If there is danger to her, a trip to the local police department

would be in order but she should consult her lawyer first

because he/she would know what is possible in her state and locality.

I didn't see the other thread until now; that does change things

which should probably make this thread moot.

[thongd4me 69]

Good luck on the divorce - you can see my advice on the other thread - you might

want to have them combined because readers of the other one won't automatically

have a photographic recollection of what was in this one, especially if they look

at the other one first.

Don't plan to file for divorce sometime "this week."

File yesterday.

Edited July 28, 2010 by thongd4me

[Darnell 8,478]

if you are filing for divorce -

you can get immediate protective order against HIM, and inside the orders - he can be ORDERED to vacate your house.

[thongd4me 69]

if you are filing for divorce -

you can get immediate protective order against HIM, and inside the orders - he can be ORDERED to vacate your house.

Divorces are considered routine by the court and often take a month or more to get before the judge the first time.

Make sure the lawyer knows how urgent this is - so the case can be brought before the court

on an emergency basis if that is possible.

[Deputy Purple 1,294]

You say you've withdrawn the I-130, what about the Affidavit of Support?

Cover all bases, withdraw everything that you can...

Never be alone with him again.

Cut off his access to your resources, move your money into accounts without his name, remove him from any credit cards where he's listed as an authorized user and freeze any cards where he's joint.

[Kathryn41 3,205]

I have combined the OPs two threads as they discuss concerns related to the same situation. This way everyone can have all of the relevant background information in one place and is better able to offer the OP appropriate and relevant advice.

[aloneagain888 0]

When I got married,which was in his country,I came home bought a house 4 months after marriage with money I had in the bank for 2 years before I married from another house I had and sold.I bought my home during marriage with thata money that was soley in my name,also house is soley in my name.I talked to a lawyer and since we have been only together for 1 and a half years,and the house was paid off,no mortgage,I payed all taxes,he paid nothing,I will keep the home,he gets nothing.Laywer says judge will see hes not from here and only has been here shortly and not a resident.All bank accounts are in my name only.He only came with the clothes on his back.I withdrew also the support for him.I have spent thousands above more thoudsands to bring him here.I payed for everything,and its not the money that I spent on him,its the betrayal and the suffering and the waiting I did for nothing,to suffer more after all I did.I trusted him so much,so so much.But what can I say,I just hope its true that what goes around comes around.God will get him not me......I will keep you informed and let you know the out come of all this.Its like a horror movie!I still cant comprehend anything.Thankyou for all you prayers and all you help...