woman travels to USA...after marriage, husband does not want her now!

[VanessaTony 3,567]

I found this website: My link

this part applies even though she is not yet a permanent resident:

"3. What are the legal ramifications when a U.S. citizen and a lawful permanent resident decide to get divorced?

Not it DOES NOT. She is NOT a legal permanent resident (as you said) and he DID NOT sign the form (I-864) which would have enabled the GOVERNMENT to sue him for repayment of means-tested she uses (even though for most she's not eligible for 5 years of becoming an LPR, which again, she isn't even an LPR). The I-134 which he did sign is useless.

Basically, your friend is this: A visitor who happens to be married to a USC. She has no legal rights to stay here (unless she tries to file VAWA which is a long process and I doubt will be approved). He has no requirement to support her (legally, morally is different).

He is not required to process her greencard application (again legally, morally is different).

The best thing you can do for her (and her son) is help her pay for a flight back to her country so they can resume their lives.

[Villanelle 4,122]

The aff of support is not going to be of much assistance to her. If you read even the link you quoted yourself, you'll see what its for. Its a way for the government to sue the person who signed it to collect back any means tested benefits the alien collected while it was in effect.

The alien and her son in this case are covered by an affidavit that is going to be in effect until about Feb 2013. They would have to go down to their local welfare office and attempt to get means tested benefits. Depending on the state- they may not get any. If they do get any it will be something like foodstamps maybe in the amount of 200$, cash benefits in the amount of 300$ and medical coverage for the month. The USC would then later potentially get a bill for the amount of benefits they received.

----

How do you get her husband to pay for her flight home? (Try bringing a baseball bat when you pick her up from their joint home ) lol. No but seriously. Look up divorce/annulment laws for her state. Perhaps it can be written into her divorce settlement.

[VanessaTony 3,567]

I guess I am still confused about the support affidavit of support unless it does not apply to her since they have not yet filed for AOS. I understand that she cannot do that on her own and my retrieving her would only serve the purpose to give her shelter until she makes other arrangements. I cannot afford to have her living here for very long at all. She is willing to go back to Ukraine, but how to get him to pay for the flight and her train fares once in Kiev? (They would still have to travel another 12 hours to their hometown in southern Ukraine.) Plus, how does she get a divorce? Apparently their marriage certificate has not yet arrived (they were mmarried in Miami)--according to him.

sorry for all the details, but just want to provide enough information from which to make wise suggestions.

Honestly he is not legally required to support her, or give her assistance to get back to her country. Sure he SHOULD but he doesn't have to.

A suggestion could be that in return for just signing the divorce papers and not arguing about anything (like half his money, 401K etc) as long as he gives the money for a one-way flight/trip back to her home town. Doesn't hurt to try!

[cwaf 1]

You did not mention that the link was from a divorce Lawyer, not an Immigration Lawyer. As the I 864 is not in force it is irrelevant and also misleading.

I did not mean to mislead anyone and I usually supply the link where I obtain my information for people to be able to see the source. I did not state who the source was---only provided the information and the link. I was confused because of the 2 different affidavits of support--I do not recall form numbers well and it was 4 years ago for me to file them, so please excuse me.

[cwaf 1]

Honestly he is not legally required to support her, or give her assistance to get back to her country. Sure he SHOULD but he doesn't have to.

A suggestion could be that in return for just signing the divorce papers and not arguing about anything (like half his money, 401K etc) as long as he gives the money for a one-way flight/trip back to her home town. Doesn't hurt to try!

I know she is in a really bad position. Without having money, she would not be able to hire a divorce attorney (unless there are public attorneys in New York for this type of situation). I also guess that a divorce can take a long time, especially if contested. I wish I had money to help them, but I do not. (I do not even know them, either) I am trying to find advice on how to direct her so she can get on with her life. I really appreciate all the information provided by everyone. I agree the man is morally responsible for her since he totally tore her life apart, but I guess some people do not have a conscience.

[cwaf 1]

I know she is in a really bad position. Without having money, she would not be able to hire a divorce attorney (unless there are public attorneys in New York for this type of situation). I also guess that a divorce can take a long time, especially if contested. I wish I had money to help them, but I do not. (I do not even know them, either) I am trying to find advice on how to direct her so she can get on with her life. I really appreciate all the information provided by everyone. I agree the man is morally responsible for her since he totally tore her life apart, but I guess some people do not have a conscience.

I just told my wife to pass along the instructions that the woman just needs to contact an attorney for help. There are a lot of Russian speaking attorneys in Brighton Beach area de to the large number of Russians residing there. Not only is the money going to be an issue, but a quick search showed that even getting divorced could be an issue. It appears that New York has some sort of residency requirement of a year before they hear the case. I may be wrong but I am totally out of my expertise area and I can only tell her to seek legal help. My guess is this is not the first time this has happened in that area, so maybe the attorneys can give solid advice and assistance.

I am going to conclude that this situation is resolved and no other comments are necessary unless you happen to be a divorce/immigration attorney in Brighton Beach and are interested in taking the case. hahaha

Again, I thank the VJ family for their guidance and time!

[Villanelle 4,122]

If shes in NY she should look into welfare, (regardless of whether or not hes going to be billed for what she collects) because I believe NYC is an area that does give benefits to undocumented or visa holders or LPRs. She and her son may qualify for assistance. She should look into it. (I dont live there, but I remember in another post someone mentioning NY was a state that had provisions for immigrants)

If she can get welfare or housing assistance, that could help her out. She may be able to afford to stick around a bit while fighting a divorce.

She can also look into getting legal aid for the divorce. Again qualifying for legal aid will vary by state. Some states will say immigrants dont qualify. NY may allow it. If not, she can fight the divorce herself if she needs to. Its not the preferred method, but what choice does she have?

For NY divorce laws you can either have a fault divorce or a no-fault divorce. For a no-fault divorce they have to be separate for 6 months. For fault they have to be apart for a year. Or they can have an annulment. She can use this to her advantage. She can ask him for the money to go home. Tell him she'll agree to the annulment or no-fault divorce and not contest any asset divisions if he gives her the money to go home.

[Sandra G. 5,047]

cwaf I sent you a pm message, please check your inbox.

[Harpa Timsah 13,258]

I don't think Ukranian 20 something women should marry 50 year old men who live with their mothers who travel to Ukraine on one of these sponsored wife shopping trips. It's just too many red flags.

I feel sorry for your friend. Hopefully she can get a ticket home and she's more wise next time.

[Xanax 349]

Can your friend head to her countries embassy and ask for a flight home? Does she have friends or family that could loan her some money for a return ticket?

[Jahwaree 83]

Dont want to be judgemental but I notice some countries advertise potential brides to N Americans, and a steady stream seem to come in,

Is this guy suffering from buyers remorse? I am not blaming the lady she probably thought her knight in shining armour had entered

her life, also at 22 with 52 ??? He's older than me, I dont know what I'd do with a 22 yr old and a baby, my daughter is 19 and I just

cant see it, the decent thing for this guy to do is purchase her & her childs ticket so she can go home to her family, not all these

marriages last....he claims its fake. Thats not a healhy situation for her child, maybe all you friends can put the funds together to buy her

ticket if that man is now acting hateful, and since he lives with mom she may be hating on her too...help her out do a little shopping

help her pack and let her go back home since its reported as a fraud.............best wishes to the lady

[Cathi 5,748]

interesting..I thought I read that on one of the forms I signed before bringing my wife here. Nonetheless, as my description states, they married in December, her fiance visa expires in late february, and he is refusing to file any paperowkr or pay for anything. So, no, AOS has not happened and with him declaring the marriage is fake, it is unlikely it ever could.

the difference is your wife came on a cr1 visa you filed the i864 before she arrived at the NVC, this girl came on a k1 visa, the I864 is not filed for her until after marriage in the US when the adjustment of status is filed. In either case signing the i864 doesn't mean he has to support her for 10 years, it just means that if she goes on means tested benefits her husband would be on the hook for repaying the government, if the government decided to go after him for it.

[AnotherLostSoul 167]

A man like this is disgusting and if I were that wife with my son I would pack up and go home. Now, I know an airplane ticket isn't cheap but if this woman is your wife's friends whoever, I wonder if you and your wife and a couple friends shove together that money to help her buy an airplane ticket to herself and her son. Say, $100/friend. Today, in this world, $100 will not make or break anyone. But this woman and her poor son needs some peace and it isn't worth to try to find a way to stay, clearly she has no money for attorney, or lawyers to go to court and find justice. It isn't worth it anyway. She should go home and give her son a chance to have some stability in his life. He is a kid, he cannot choose where to live, and for kids, it doesn't matter if it is the beautiful United States of America, or a ghetto corner in Ukraine. For them all it matters is, stability! Going to the same school/preschool with friends, have minimal food to survive on, and Mom always being there for him. I honestly feel bad for the woman and the kid, and I'm not trying to be mean when I'm saying she should pack up and go home, but this is the best- for both of them! And that man is an a.s.s. and I only hope that life will turn around him and pay him back one time! He just used this woman for some adventure, and so that he can practice his dictatorship. Try doing that with a local...they would tell him that he is an old f.a.r.t. and should get a life. Obviously, a foreign woman (let alone with a kid) whose English is "minimal at best" will not fight for her rights, and seeing how she stands financially, the best for her to go back home with his son and forget about this man forever. Seriously, can't you and your friend save airplane ticket money up for her? No, really! I am willing to give her $100 on my side!!! I am, myself, poor, but nothing I hate more than seeing people suffer from injustice and I am willing to help them in any way possible. Please, think about this! This poor woman with the poor kid is way better off back in Ukraine!

[Enigma11561 336]

http://immigration.hias.org/en/pages/help-for-individuals

I do not know if the above site can be of assistance but you should at least give them a call and ask what advice/help they can offer.

I feel really sorry for this woman and her son. Regardless of what one may think about the age difference and what was going through their heads not knowing each other well enough to see there might be a problem the bottom line is she is in a world of hurt. Young, with child, cannot speak the language, a strange city with no immediate friends and just about totally dependent on this man for every basic need. If she cannot adjust status she has to leave.And it appears this will not be possible unless someone can speak to this guy ( maybe a man with a last name that ends in a vowel) and make him an offer he cannot refuse.

What I can not understand is here is a 52YO guy with a young Russian wife, who went through the process and expense and now wants her out? Is his mama the problem? Does mama not have some feelings here towards this woman's distress? Is this woman's protection of her child ( mother hens and her chicks to which I am totally in agreement) creating a situation? Something is just not right here to have this fall apart so quickly in in this manner.

Where in New York are they located? Upstate, the city? Name of the town?

Edited February 7, 2013 by Enigma11561

[AnotherLostSoul 167]

http://immigration.hias.org/en/pages/help-for-individuals

I do not know if the above site can be of assistance but you should at least give them a call and ask what advice/help they can offer.

I feel really sorry for this woman and her son. Regardless of what one may think about the age difference and what was going through their heads not knowing each other well enough to see there might be a problem the bottom line is she is in a world of hurt. Young, with child, cannot speak the language, a strange city with no immediate friends and just about totally dependent on this man for every basic need. If she cannot adjust status she has to leave.And it appears this will not be possible unless someone can speak to this guy ( maybe a man with a last name that ends in a vowel) and make him an offer he cannot refuse.

What I can not understand is here is a 52YO guy with a young Russian wife, who went through the process and expense and now wants her out? Is his mama the problem? Does mama not have some feelings here towards this woman's distress? Is this woman's protection of her child ( mother hens and her chicks to which I am totally in agreement) creating a situation? Something is just not right here to have this fall apart so quickly in in this manner.

Where in New York are they located? Upstate, the city? Name of the town?

I agree with you!!!!