Need Divorce Prior to AOS

[Jrogers 0]

Can anyone tell me if I can get a divorce right away? My husband is awating AOS from K1 fiance visa (we got married in the US after he arrived with the K1 visa). He received his travel document and work permit card and left since January of this year to visit his country. He is using me to be in the US and have a feeling he will come back (but to my house). I found lots of evidence after he left from messages in the computer as well as what I am hearing while he is abroad. He doesnt tell me when he is coming back, only saing soon. I finally found so much out that I dont want him back. Questions: Can I get a divorce qickly? Can he get half of my assets although I have proof that his intent was not what it should be.

P.S. I have lots of evidence to show he scammed me of thousands of dollars. I supported him for more than 2 years.

Thanks for all your help.

[Mrs. NSA 6]

Call immigration immediately to see if you can have it stopped! Before he is approved

[NY_BX 397]

Can anyone tell me if I can get a divorce right away? My husband is awating AOS from K1 fiance visa (we got married in the US after he arrived with the K1 visa). He received his travel document and work permit card and left since January of this year to visit his country. He is using me to be in the US and have a feeling he will come back (but to my house). I found lots of evidence after he left from messages in the computer as well as what I am hearing while he is abroad. He doesnt tell me when he is coming back, only saing soon. I finally found so much out that I dont want him back. Questions: Can I get a divorce qickly? Can he get half of my assets although I have proof that his intent was not what it should be.

P.S. I have lots of evidence to show he scammed me of thousands of dollars. I supported him for more than 2 years.

Thanks for all your help.

Yes, you do need to file for divorce. I am not an expert at all, but I believe you can remove the affidavit of support immediately. If the evidence you have proves fraud, contact ICE immediately as well. Divorces are never quick enough, if you know what I mean. What works quicker is contacting ICE and informaing of fraud, then removing the affidavit of support. Also, do you have a prenup? If you obtained your assets prior to getting married, no, he is not entitled to half. However, double check the laws in your state.

How long you've been married? Maybe you qualify for an annulment since he basically abandoned you to go back to his country? I don't know....

Other members may give you greater and more detailed advise.

Good luck!

Edited April 25, 2012 by NY_BX

[Jrogers 0]

Ok...Thank you all. Would appreciate if other members have any other comments still.

[Therealworld 90]

Depending on the state that you are in, you may be able to file for an annulment based on the grounds of fraud. I was granted one here in the us back in 2008 after being married for a little over a year. He basically married me to try to help prevent him from being deported. I was able to prove this and the fact that he ran to Canada to prevent deportation. Luckily he was already here in the US but entered by way of fraud. If this is granted it will actually cancel everything. An Annulment will erase the marraige all together as if it never happened which means null and void. If you have children they may make you divorce. Again it depends on your state laws.

Oh and if he does not have his greencard yet, write to your local office to either withdraw or reschedule your interview

[NY_BX 397]

Depending on the state that you are in, you may be able to file for an annulment based on the grounds of fraud. I was granted one here in the us back in 2008 after being married for a little over a year. He basically married me to try to help prevent him from being deported. I was able to prove this and the fact that he ran to Canada to prevent deportation. Luckily he was already here in the US but entered by way of fraud. If this is granted it will actually cancel everything. An Annulment will erase the marraige all together as if it never happened which means null and void. If you have children they may make you divorce. Again it depends on your state laws.

Oh and if he does not have his greencard yet, write to your local office to either withdraw or reschedule your interview

Wow! I'm sorry to hear this happened to you.

[grrrrreat 109]

Ok...Thank you all. Would appreciate if other members have any other comments still.

You should talk to a family lawyer about seeking divorce or annulment, if that's what you want.

You can also contact USCIS to withdraw the the affidavit of support I-864. When that is done, the Adjustment of Status application will be cancelled and he will not be permitted to stay in the U.S. I am not sure if you can cancel the I-129F that you file to bring your spouse here, since it has already been approved. You can let them know that you no longer support it and ask them what to do.

Edited April 25, 2012 by grrrrreat

[Jrogers 0]

Depending on the state that you are in, you may be able to file for an annulment based on the grounds of fraud. I was granted one here in the us back in 2008 after being married for a little over a year. He basically married me to try to help prevent him from being deported. I was able to prove this and the fact that he ran to Canada to prevent deportation. Luckily he was already here in the US but entered by way of fraud. If this is granted it will actually cancel everything. An Annulment will erase the marraige all together as if it never happened which means null and void. If you have children they may make you divorce. Again it depends on your state laws.

Oh and if he does not have his greencard yet, write to your local office to either withdraw or reschedule your interview

Its New Jersey and I have the evidence of FB messages where he admitted that he married for the wrong reason(whatever that is). So I beleive annulment can be granted. No kids. I have a home and other assets and a reasonable paying job....100+ per year. DOnt want him to get anything as I think he believes he will get something based on what I read.

[Jrogers 0]

You should talk to a family lawyer about seeking divorce or annulment, if that's what you want.

You can also contact USCIS to withdraw the the affidavit of support I-864. When that is done, the Adjustment of Status application will be cancelled and he will not be permitted to stay in the U.S. I am not sure if you can cancel the I-129F that you file to bring your spouse here, since it has already been approved. You can let them know that you no longer support it and ask them what to do.

He is K! approved, pending AOS. Green card didnt get approved yet. He's currently out of the country - left with travel document.

[VanessaTony 3,567]

You need to IMMEDIATELY contact USCIS and withdraw your I-864. If you get this done before he returns it will cancel his AP as his AP is tied to his AOS. He will be denied entry (or they MIGHT parole him). Contact ICE (details at the bottom of the page) and give them all the evidence you have of him using you for fraudulent reasons.

I suggest you file for divorce immediately as well as a protection order. You might not be able to change the locks unless you can prove he moved out (you can't just kick him out and change the locks in many states as he is entitled to live in the marital home... some states that is) but find out if you can and hopefully you can when you file divorce.

You haven't been married very long so he might not be entitled to anything. I suggest you take his name off any joint accounts, and if you can't do that (some banks won't allow it) make sure your pay goes into another account, cancel any cards he has to your accounts. Take his name of ANYTHING you can. You might not be allowed to clear out the account but i would put a freeze on it (if possible) or take out "your half". A lawyer will let you know what to do specifically in regards to your state requirements.

The MOST important thing, and I can't stress this enough, is the first paragraph. You MUST cancel the I-864 so that you get his AOS cancelled and so you're not on the hook and you MUST NEVER be alone with him in case he tries to accuse you of abuse. You also MUST advise ICE that this is going on BEFORE he has a chance to accuse you of anything bad.

Protect yourself and protect your assets. See a divorce lawyer immediately.

Edited April 25, 2012 by Vanessa&Tony

[Harpa Timsah 13,258]

I want to stress it too. Withdraw the I-864 NOW, work on divorce after that. Withdrawing that will also cancel his AOS which will cancel his travel document and he will be stuck outside the country.

Edited April 25, 2012 by Harpa Timsah

[NY_BX 397]

He is K! approved, pending AOS. Green card didnt get approved yet. He's currently out of the country - left with travel document.

GOOD! PLease, if you can do it right now, do it now... remove the affidavit of support I-864. That'll cancel the AOS immediately. Maybe, since he's out the country he will be denied entry upon his return? I don't know. But right now you MUST do that.

I want to stress it too. Withdraw the I-864 NOW, work on divorce after that. Withdrawing that will also cancel his AOS which will cancel his travel document and he will be stuck outside the country.

There you go!

You need to IMMEDIATELY contact USCIS and withdraw your I-864. If you get this done before he returns it will cancel his AP as his AP is tied to his AOS. He will be denied entry (or they MIGHT parole him). Contact ICE (details at the bottom of the page) and give them all the evidence you have of him using you for fraudulent reasons.

I suggest you file for divorce immediately as well as a protection order. You might not be able to change the locks unless you can prove he moved out (you can't just kick him out and change the locks in many states as he is entitled to live in the marital home... some states that is) but find out if you can and hopefully you can when you file divorce.

You haven't been married very long so he might not be entitled to anything. I suggest you take his name off any joint accounts, and if you can't do that (some banks won't allow it) make sure your pay goes into another account, cancel any cards he has to your accounts. Take his name of ANYTHING you can. You might not be allowed to clear out the account but i would put a freeze on it (if possible) or take out "your half". A lawyer will let you know what to do specifically in regards to your state requirements.

The MOST important thing, and I can't stress this enough, is the first paragraph. You MUST cancel the I-864 so that you get his AOS cancelled and so you're not on the hook and you MUST NEVER be alone with him in case he tries to accuse you of abuse. You also MUST advise ICE that this is going on BEFORE he has a chance to accuse you of anything bad.

Protect yourself and protect your assets. See a divorce lawyer immediately.

This is fantastic advise!