help I need advice for my K1 visa wife not to get 10 year card

[rika60607 215]

Incorrect.

His wife can apply for a 10 year GC (file to remove conditions) without him.

She will not have to prove that she has any money or means to support herself. She only has to pay the filing fee. Look at I-751 instructions, it is very clear that filing is possible with waivers and instructions describe the documents to accompany the I-751 application.

She will have to be divorced or claim VAWA if he refuses to sign a joint I-751 filing with her, which is good for OP, because it will encourage her to divorce. It could be bad for OP, if she thinks claiming abuse is the only way out. Sometimes people fake evidence of abuse.

It is useless and dangerous to try and prevent her from filing I-751 by intentionally withholding documents proving bona fide marriage from her. She can get a lot of them herself (like order tax transcripts from IRS, print out/order bank and credit card statements) AND attempts to withhold documents from her can boost her claims of abuse if she ever tries to claim abuse.

Finally, she can not get government means tested benefits in any way other than by mistake, during the first 5 years of residency. If she ever gets anything after 5 years, the lawsuits to recover the money are rare and it will take time for them to come. Seeing that OP does not have much, I doubt he'll ever have to repay any money.

Most likely she will try to stay in the US after divorce and either will succeed in finding a job to survive (thus no longer qualify for means tested benefits) or realize that she is better off in her home country.

Good luck to you, OP.

when she files for the 10 year green card do not support it or divorce her whichever comes first, if she's gonna file based on marriage it would be misleading since you are no longer having a solid relationship, I doubt if she can file on her behalf without your support since she has no income to prove she would be able to support herself. and the claiming of abuse thing wouldn't stand without police records so it was a bluff

most likely scenario, if she wasn't able to file the 10 year greencard and her two year greencard expires because you wouldn't help with your signature and income tax returns and all the evidences of a bona fide relationship then she will be out of status and she has to leave the country and you do not need to worry about the affidavit of support the you signed before because if she is out of status she can't ask for the affidavit of support to be enforced since she's in the country illegally

let her apply for the 10 year greencard by herself and see how it goes

that't the reason there's a 2 year conditional greencard to see if the marriage will work, since its not working there's no need to apply for the 10 year greencard for whatever reasons there are.

use your better judgement

[Udella&Wiz 325]

I agree with the person above who said let her file all the false reports she wants about abuse. If there hasn't been one single call to the police ro shred of evidence she doesn't have a leg to stand on. Yes I think it will be a difficult and trying time for you emotionally. I think you need to visit a family lawyer and find out how to file for separation/divorce in your state. If she only starts filing abuse claims once you've served her with divorce papers - the authorities will see through that verfy quickly

The support issues and living arrangements can be worked out in court - there are legal services available for those with limited funds (both you and your wife).

I wish you luck - if you currently rent - can you let your lease run out and do not renew it? Move elsewhere by yourself (after you've filed for divorce) and don't allow her to come with you - she cannot force her way into your new house/apartment without your permission.

Edited May 9, 2011 by Udella&Wiz

[chaz3414 0]

I agree with the person above who said let her file all the false reports she wants about abuse. If there hasn't been one single call to the police ro shred of evidence she doesn't have a leg to stand on. Yes I think it will be a difficult and trying time for you emotionally. I think you need to visit a family lawyer and find out how to file for separation/divorce in your state. If she only starts filing abuse claims once you've served her with divorce papers - the authorities will see through that verfy quickly

The support issues and living arrangements can be worked out in court - there are legal services available for those with limited funds (both you and your wife).

I wish you luck - if you currently rent - can you let your lease run out and do not renew it? Move elsewhere by yourself (after you've filed for divorce) and don't allow her to come with you - she cannot force her way into your new house/apartment without your permission.

Thanks for your help in this matter. There are many complications. Since she has been in this country, (July 2009) I have paid for everything and she has never made a purchase by herself. She does not drive although I have been trying to teach her for a year. She simply does not know how to drive and makes constant mistakes when I go out with her to let her learn. If she jumpls a curb or does not obey a traffic light I correct her, sometimes I am impatient with her constant repetive mistakes and she yells at me because my voice is not pleasant when I correct her. I am sure if I file for a divorce I will still have to support her by paying rent, food, utilities, internet, etc. I will not be able to avoid her because she does not drive. Also everything I own is in the apartment we now rent. I signed a lease April 1. How do I seek protection from the court from her claiming abuse if I have to live with her after I file. If I find a place to stay she still needs daily rides to her school classes ESL and food. Also her son needs a ride to church. I just do not know how I can separate from her with all these facts. To further comlicate thigs I have no place to go and stay. My bed, clothes are with her. It is such a mess and i feel like I am drowning.

[KittyPollitt 284]

Thanks for your help in this matter. There are many complications. Since she has been in this country, (July 2009) I have paid for everything and she has never made a purchase by herself. She does not drive although I have been trying to teach her for a year. She simply does not know how to drive and makes constant mistakes when I go out with her to let her learn. If she jumpls a curb or does not obey a traffic light I correct her, sometimes I am impatient with her constant repetive mistakes and she yells at me because my voice is not pleasant when I correct her. I am sure if I file for a divorce I will still have to support her by paying rent, food, utilities, internet, etc. I will not be able to avoid her because she does not drive. Also everything I own is in the apartment we now rent. I signed a lease April 1. How do I seek protection from the court from her claiming abuse if I have to live with her after I file. If I find a place to stay she still needs daily rides to her school classes ESL and food. Also her son needs a ride to church. I just do not know how I can separate from her with all these facts. To further comlicate thigs I have no place to go and stay. My bed, clothes are with her. It is such a mess and i feel like I am drowning.

Why do you have to be the one to go? Is she on the lease? If she is, talk to your landlord and get her off of it. To me, it sounds like this woman has done absolutely nothing for you except worry you to death and make your life miserable. Why all the concern for her well being? A divorce means you go your separate ways. From what you say, she's already making plans for how to stay here without you- put her stuff out of YOUR house and tell her to get on with it. You DON'T have to live with her after a divorce. Take a step back and focus on what you have to do for yourself. She and her son are not your children that you are morally obligated to take care of. She's a grown woman who made a choice to come here to the States. Let the responsibility fall on her shoulders. You've done all you can do to make it work.

[Daniel&Theary 30]

Thanks for your help in this matter. There are many complications. Since she has been in this country, (July 2009) I have paid for everything and she has never made a purchase by herself. She does not drive although I have been trying to teach her for a year. She simply does not know how to drive and makes constant mistakes when I go out with her to let her learn. If she jumpls a curb or does not obey a traffic light I correct her, sometimes I am impatient with her constant repetive mistakes and she yells at me because my voice is not pleasant when I correct her. I am sure if I file for a divorce I will still have to support her by paying rent, food, utilities, internet, etc. I will not be able to avoid her because she does not drive. Also everything I own is in the apartment we now rent. I signed a lease April 1. How do I seek protection from the court from her claiming abuse if I have to live with her after I file. If I find a place to stay she still needs daily rides to her school classes ESL and food. Also her son needs a ride to church. I just do not know how I can separate from her with all these facts. To further comlicate thigs I have no place to go and stay. My bed, clothes are with her. It is such a mess and i feel like I am drowning.

You said you are on a fixed income a judge can not make you pay money you do not have. If you have more then one car sell it before you file for divorce. Anyways you need to see an attorney the longer you wait the more difficult it gets

[Gina & Dan 2]

As many have stated you need to research the laws for your state regarding alimony. If you cannot hire an attorny then find the laws online. Alimony is set as a percentage of your income as well as the length of the marriage. Typically the formula is like this (Your Income) - (Possible income of full time minimum wage) take this result and multiply as a percentage. You are not ordered by a court to pay for services. I.E. Car, rent, electric. if they order the car that amount is deducted from any other amount calculated. If a court makes an order it is for a fixed monthly dollar amount. Also a rented apartment is a contract not a property you own. You bought the new car, but it has no asset value because you most likely owe more than it is worth. Again this is a contract not a property.

Talk to your landlord about escaping the lease, or evicting her. They have the vested interest in having rent paid. I am not a lawyer, and I do not pretend to be one. Just someone who is divorced. I researched everything myself and successfully self filed without a lawyer, the information is there if you want it.

Now for my honest opinion. You seem very emotionally attached about her having a place to stay or transportation to school. Perhaps you should be seeking marriage council / or a support group not legal council. You may only be struggling with cultural barriers/coping not a loss of love. Just my OP though, only you know the truth.

[rika60607 215]

Locking her out of the apartment can get you in trouble depending on your state/city laws. Again, this may lead to a claim of abuse.

On the bright side, it is not your problem that she or her son need daily rides. If she is not on your car title, you do not have to give her the keys to the car or let her use it (or drive her anywhere).

Do you have a friend/relative willing to house you for a few months? If yes, you could move all your belongings to a storage unit and leave the apartment. Better even if you go far... so she can't terrorize you, and if you stay with someone, she can't show up there and claim later that you abused her. You should file for divorce at about the same time as you leave (so this will be called separation and divorce, instead of abandonment). If she acts aggressively towards you, get a restraining order.

If you can't pay rent, she will eventually get evicted. If you do not have much assets or income, nobody can force you to pay her bills, not even a judge. You will lose your apartment security deposit... but your situation seems bad enough that it should not stop you.

Thanks for your help in this matter. There are many complications. Since she has been in this country, (July 2009) I have paid for everything and she has never made a purchase by herself. She does not drive although I have been trying to teach her for a year. She simply does not know how to drive and makes constant mistakes when I go out with her to let her learn. If she jumpls a curb or does not obey a traffic light I correct her, sometimes I am impatient with her constant repetive mistakes and she yells at me because my voice is not pleasant when I correct her. I am sure if I file for a divorce I will still have to support her by paying rent, food, utilities, internet, etc. I will not be able to avoid her because she does not drive. Also everything I own is in the apartment we now rent. I signed a lease April 1. How do I seek protection from the court from her claiming abuse if I have to live with her after I file. If I find a place to stay she still needs daily rides to her school classes ESL and food. Also her son needs a ride to church. I just do not know how I can separate from her with all these facts. To further comlicate thigs I have no place to go and stay. My bed, clothes are with her. It is such a mess and i feel like I am drowning.