Was This A Costly Mistake? Not Even ! Year Yet!

[VanessaTony 3,567]

but i still dont understand. if a K-1 divorces before adjusting status for permenant residency, does she get sent home? like really, or just possibly? does she actually HAVE to stay in the marriage in order to stay? i dont want her to go home, or leave me for another, BUT if she does, after all i've done, i won't die quietly. i dunno what to do, and shes at the club and im sitting here worrying as usual.

If the K1 doesn't AOS successfully (whether denied or if you withdraw your I-864) they will be put in removal proceedings. Its unlikely they'll hunt her down to deport her but she wouldn't be staying legally.

She doesn't need to stay married to you once she has the GC. Once she has that you're on the hook financially to support her if she uses means tested benefits. For 10+ year, until she becomes a USC, she leaves the US and gives up her GC, or you or she dies.

You should also know that she might NOT have an interview. Many K1's get their GC's without interview. Once she's got that she doesn't need you anymore. You either take the risk, or you pull your I-864.

[Boiler 45,519]

How? VAWA? There's no abuse. There's no other way.

She entered into marriage with 90 days legitimately.

Or so it would seem.

[Leatherneck 693]

Sorry to hear that. I hope you both can work thing out though.

From what you wrote, I can see the woman who has a hard time to adjust herself into a new environment. Have you tried to ease her life? Have you tried to help to get her through all those situations?

She signed the Pre-nup which meant she accepted whatever conditions you wanted, it means exceptional sincerity from her side since Pre-nup is not common for Thai people.

She is now working and getting lots of attention, it is not her fault though. The thing is, has she had any signs that she will cheat on you? If not, why worry that she will leave you to a younger man?

If your marriage base on love to each other, I think this situation can be sorted out. I don't know from her side, but I would like to ask if you married her because of love? If so, my advice is you two should sit and talk. Find out the way to help her feel better about her uncomfortable life and tell her how you feel when she gets lots of attention from other mans and give her a chance to tell you what exactly she feels about that.

You make some valid points, however, would you place a can of gas near a fire then wonder if it will explode?

Temptation - the flesh is normally at odds with the spirit.

[Leatherneck 693]

boy now im confused. i guess at her club shes talked to lawyer custys who said no worrys, ite easy. some days she wants to go home,

some she just wants to be here and revel in her hottness and popularity.

You've been given advice as to your options, if you take the 'wait and see' approach and the AOS is approved, the decision has been made for you. You mentioned that she talked to a lawyer/customer, maybe he gave her advice as to how to play her cards close to her chest and wait for the AOS approval.

If you had her sign a pre-nup, that means you must have significant assets/cash to protect. Then why is your wife working in a club where she'll be exposed to temptation and on going propositions?

[Maria TH 20]

If you had her sign a pre-nup, that means you must have significant assets/cash to protect. Then why is your wife working in a club where she'll be exposed to temptation and on going propositions?

I was about to ask the same thing, why don't just ask her to stop working there or find other normal day-time work? But then I read the OP comment below.. which confused me what the real situation is.

give me more details about how to do this in case i need to. poop, i dont wanta do that but....and i have no idea when the poop will hit the fan. i dont wanta do it prematurely in case we work it all out. i thought i filed the I-864 long ago for her k-1? heck, she supports us both with all the dough she makes.

OP also stated in the first post that she complains about expenses and tax, why? She wants to spend a lot of money but you can't afford that, or is it the money she earns that is tight to support both of you?

Sorry, I didn't give any comment about how to kick her out from the country. I'm not convinced that she have done anything seriously bad to you.

[Leatherneck 693]

I was about to ask the same thing, why don't just ask her to stop working there or find other normal day-time work? But then I read the OP comment below.. which confused me what the real situation is.

OP also stated in the first post that she complains about expenses and tax, why? She wants to spend a lot of money but you can't afford that, or is it the money she earns that is tight to support both of you?

Sorry, I didn't give any comment about how to kick her out from the country. I'm not convinced that she have done anything seriously bad to you.

Then that makes two of us with questions about some inconsistencies by the OP.

A pre-nup and "she supports us both with all the dough she makes" does not add up to me.

[Macbook 2]

If you think the she married you just because of GC then report that to USCIS and ICE. But if you are just not secure that look for marriage concealing.

You said that she is much younger then you?

If you revoke her I-846 and her I-485 will be revoked and she will be placed onto Removal Presiding, and eventually be deported from USA. Unless she proves that you as USC abuse her in any way (mentally or physically). In case of abuse (I don't think here is that case) she will be allegeable for VAWA. Other way is if she marries another USC (but it will be very hard to prove bona fide marrige).

Will ICE look for her, probably not, but Immigration Judge will issue warrant for her arrest so next time she gets in contact with police she will be put in immigration custody. If you revoke paperwork.

Also DON'T stay in marriage just for her immigration purposes because if you do that you are facing federal criminal charges. If you guys can't live together you are required to inform USCIS of that!

I'm not attorney and this is not legal advice. This is only my opinion!

[VanessaTony 3,567]

She entered into marriage with 90 days legitimately.

Or so it would seem.

And? There's no other way to adjust status except based on her marriage or abuse. He pulls the I-864 then she won't get it thanks to marriage and there's no abuse. So there's no other way.

I'm going to assume though you're referencing an post from a couple of months ago where people made it seem that simply by marriage in the 90 days the immigrant could AOS by themselves. That was explained to be an incorrect assumption and explained the extenuating circumstances that would bring that into play. None of which the OP's wife has. I wish I could locate that thread/explanation but the search terms are pretty broad..

[VanessaTony 3,567]

If you think the she married you just because of GC then report that to USCIS and ICE. But if you are just not secure that look for marriage concealing.

You said that she is much younger then you?

If you revoke her I-846 and her I-485 will be revoked and she will be placed onto Removal Presiding, and eventually be deported from USA. Unless she proves that you as USC abuse her in any way (mentally or physically). In case of abuse (I don't think here is that case) she will be allegeable for VAWA. Other way is if she marries another USC (but it will be very hard to prove bona fide marrige).

Will ICE look for her, probably not, but Immigration Judge will issue warrant for her arrest so next time she gets in contact with police she will be put in immigration custody. If you revoke paperwork.

Also DON'T stay in marriage just for her immigration purposes because if you do that you are facing federal criminal charges. If you guys can't live together you are required to inform USCIS of that!

Just a correction on the bolded part. As she arrived on a K1 visa she is unable to adjust status based on marriage to anyone other than the OP.

[reecy 2]

Hi people, I'm new here. I brought my fiance to USA on a K-1 and we were married almost a year ago. But now....its falling apart day by day. She hates america, hates the unfriendly people, the boring food, the expense, the taxes, the cities, the countryside, and half the time wants to go home. We've had five monster, breaking #### fites, since june. Shes embarrassed about our age difference. Our "pre-nup" has been a constant thorn in her side. (Thank god I did one!) Our once amazing sex life has petered out (pun). A few months ago I payed for her $1000 adjustment of status green card deal and we're still awaiting our interview. Yet I know we'll never see it. She already has her SS card and Employment authorization card, and is working at a club as a bartender and receiving LOTS of attention due to her exotic looks. My question is; When she does leave me for a hot young buck, if we havent had our "what color are the drapes?" "are we really married" status adjustment interview, is she only allowed to stay in USA because we're married? If we divorce before then would she be kicked out? Or not really. If I wanted her to be sent home could I tell INS or whoever about her status/ our divorce? If/when, she does leave I'll probably want to if possible. I'll never do this again. Its too much hassel, no matter how hot she is. Advice?

[reecy 2]

if she does not want to be with you anymore then she can buy her own ticket and go right back home. why would you want to stay married to someone who dont want to be with you? if she dont want to straighten up and work thinks out then move on. i think it was a costly mistake...my opinion.

[Boiler 45,519]

And? There's no other way to adjust status except based on her marriage or abuse. He pulls the I-864 then she won't get it thanks to marriage and there's no abuse. So there's no other way.

I'm going to assume though you're referencing an post from a couple of months ago where people made it seem that simply by marriage in the 90 days the immigrant could AOS by themselves. That was explained to be an incorrect assumption and explained the extenuating circumstances that would bring that into play. None of which the OP's wife has. I wish I could locate that thread/explanation but the search terms are pretty broad..

Matter of Sesay? I never saw such a thread.

I never said it was certain btw.

[belinda63 3,038]

Sorry Boiler, but she does not have her green card yet, not even the 2 year conditional one so she can't stay here unless he follows through with the AOS or she files a VAWA. If she gets her green card then she can kiss him goodbye and go on with her life.

LISTEN TO DARNELL.

You can pull the affidavit of support, not adjust her status, she can still stay in the US out of status, and this will buy you time to work through your problems without you being on the hook for her.

[46]

Bill, it sounds like you're the problem.

As a bartender, she will speak with customers, and they will hit on her. This is what life is like for every female bartender. You have to trust your wife to say no. If she didn't tell you about being hit on, perhaps you should be more suspicious. If she was a bartender in Thailand, and she did more than flirt with customers, you knew precisely what you were getting into.

If she were using you, she'd stay quiet until her status was solid, then leave you the day after she didn't need you. Instead, she's complaining loudly about the lifestyle and you. This would indicate that she did come with honorable intentions. She's also paying for you. Why would she do it if she didn't like you? She doesn't want to be here except for you.

Looking at it from her side, she's in a land she dislikes, paying for a jealous, deadbeat husband who's plotting to deport her.

You are the issue. You married a wife. You didn't buy an indentured servant. Educate yourself, get a job, and be worthy of your wife. All you have are jealous suspicions that would drive any woman into the arms of another.

[Obc333 24]

She can adjust status on her own if she already got her conditional green card.

My question is you say you married her for love but you seem to be pushing for her to go home instead of trying to work things out and help her to adjust to life here. If you love her, why not continue the process and let the decision be hers to make? I mean whether you are with her or not love's ultimate goal is to see a person happy.