Summons after Withdrawal of I-864 from district court

[erynaught 43]

Your spouse's attorney is coming after you hard because they think your so nice that you'll be easy to push around and give in to what they want.

BIG mistake moving out of your own home. You need to get yourself back in and get her out. It may sound harsh, but you are setting a precendent which will only bolster her argument for continued support. You owe her nothing - do not provide support unless the Court orders you to do so - it doesn't make you look bad and the Court won't care that you've tried to be a nice guy. You want her in a position where she will agree to terms - and living in a home that is paid for with money coming in to cover her basic needs isn't much of an incentive to agree on terms.

[Harpa Timsah 13,258]

ANYONE has the right to make a VAWA claim. My ex lived in beautiful home with all expenses paid and called her lover in her home country everyday for our 6 month marriage. I DIVORCED HER, and she is still claiming emotional abuse. And the current laws of the USA are such that a VAWA claimant only has to prove his/her side of the claim. Good US citizens men or woman have almost no recourse to this. Not only should you get a divorce attorney, but you might consider sending a well written letter with evidence to USCIS with reference to the beneficiary's A# of your good intentions in marriage.

Also, in a divorce case the estranged spouse can ask for whatever they want whether it is a one day marriage or 20 years. A million dollars, support, custody whatever. I had a 6 month marriage that was a total scam, and it still cost me dearly.

Wise saying "There is no losing attorney in family law" (They get paid no matter what). However, on the immigration side you may have support risks and need representation.

I know you are hurt and shouting from the mountaintops about your ex wife.

I strenuously disagree that people who have no claim to VAWA should "go for it." It is an abuse of the system, and takes time away from other legitimate cases. Anyone is able to fill out the forms and sent them in, sure, just like I can mail a letter to the Vatican and say please make me pope here is my CV and a lollipop.

Obviously that won't work, so the fact that I can do it should not be a part of the decision, since it would do no good and not have the outcome I desire. The case of VAWA is even worse since it would involve fraud and lying, only to have that fraud be discovered and the person making the claim deported and banned.

That is why I am surprised the OP thinks that his wife should do it because she can... without realizing that she would have to accuse him of abuse and fabricate evidence against him which he could never rebut.

Putting forth a message that "anyone can do it and buy some time" only encourages scammers who think VAWA a loophole. It is not a loophole, it is merely a safety net for victims of abuse.

[StephAnn2012 50]

The reason you got the summons is because you did the following:

1. You brought an immigrant to the US on a Fiancee VISA.

2. You signed documents stating that your relationship was "bone fide" - legit and serious (well thought out)

3. You signed documents stating that you would be legally liable for her not being a burden to the US welfare system and that you would be responsible for her well being.

By separating and divorcing 6 months after her arrival, you only walked away from the marriage, not all the other obligations you made.

[StephAnn2012 50]

<br />Your spouse's attorney is coming after you hard because they think your so nice that you'll be easy to push around and give in to what they want.<br /><br />BIG mistake moving out of your own home.  You need to get yourself back in and get her out.  It may sound harsh, but you are setting a precendent which will only bolster her argument for continued support.  You owe her nothing - do not provide support unless the Court orders you to do so - it doesn't make you look bad and the Court won't care that you've tried to be a nice guy.  You want her in a position where she will agree to terms - and living in a home that is paid for with money coming in to cover her basic needs isn't much of an incentive to agree on terms.<br />

<br /><br /><br />

Unfortunately, it is too late for the OP to undo what has happened. Getting her out of the house isn't going to happen without a court deciding it. If he stops sending her money, that goes against him in court. I have no good news to share with him and have personal experience on this subject, not a lawyer, not an expert and if he hasn't already retained legal counsel, that has to be his next step if he wants to make this go away anytime soon.

[Moomin 292]

The reason you got the summons is because you did the following:

1. You brought an immigrant to the US on a Fiancee VISA.

2. You signed documents stating that your relationship was "bone fide" - legit and serious (well thought out)

3. You signed documents stating that you would be legally liable for her not being a burden to the US welfare system and that you would be responsible for her well being.

By separating and divorcing 6 months after her arrival, you only walked away from the marriage, not all the other obligations you made.

It's not an obligation. Before having the greencard approved, anyone can withdraw their I864 sponsorship and nothing can fall back on the sponsor financially. The I134 is not legally binding. The I864 is not legally binding either until a greencard has been issued. And no greencard would've been issued when they already seperated because the AOS from K1 is based on the ongoing bona fide marriage and relationship. That info alone will get a greencard revoked. Even if she got a 10 year greencard after the first one, USCIS may revoke both if the couple weren't together at the first AOS decision. In such case, she'd be deportable.. which is what she is now.

To answer the first question - nope, a K1 is a nonimmigrant. Hence no legal financial responsibility.

Edited February 13, 2013 by moomin

[belinda63 3,041]

A granted K-1 petition/visa is not a legal marriage contract. No where does it say he MUST marry her and he MUST file for adjustment of status. He signed no contract with her. Just as many times a person you are dating, when you start living together things don't work out, you split up. In this case she came, in his opinion, for the green card and not for him.

I think your attorney, which I hope you have found a good one, should make it very clear to the court in the initial response not only the kindness you have shown by permitting her to remain in the house and providing money for her but he should make it very clear that she is out of status and subject to deportation. Her being unable to work and provide for herself is because she has chosen to remain in the country out of status. Offer to provide her with a plane ticket home. That should resolve all the problems.

[del-2-5-2014 1,339]

Any US agent monitoring thus site as its alleged previously should contact the OP for information and immediately place the Ex in immigration detention.

Edited February 13, 2013 by Gowon

[VanessaTony 3,567]

The reason you got the summons is because you did the following:

1. You brought an immigrant to the US on a Fiancee VISA.

2. You signed documents stating that your relationship was "bone fide" - legit and serious (well thought out)

3. You signed documents stating that you would be legally liable for her not being a burden to the US welfare system and that you would be responsible for her well being.

By separating and divorcing 6 months after her arrival, you only walked away from the marriage, not all the other obligations you made.

1. No. He brought a NON-immigrant to the US on a fiance/e visa

2. Yes. He signed that HE thought it was. He's now found out (so he said) that she was lying

3. Nope, not for a K1. He signed an I-134 which isn't legally binding. He signed the I-864 but he withdrew it, which is his right.

Your spouse's attorney is coming after you hard because they think your so nice that you'll be easy to push around and give in to what they want.

BIG mistake moving out of your own home. You need to get yourself back in and get her out. It may sound harsh, but you are setting a precendent which will only bolster her argument for continued support. You owe her nothing - do not provide support unless the Court orders you to do so - it doesn't make you look bad and the Court won't care that you've tried to be a nice guy. You want her in a position where she will agree to terms - and living in a home that is paid for with money coming in to cover her basic needs isn't much of an incentive to agree on terms.

I agree. He's basically stating it's HER home and that he owes her something. He needs to pay for a good attorney who can explain to the Judge that this was good faith on his part while she got her stuff together to make her own plans about leaving or whatever. It was never meant to be a permanent arrangement.

[rescuevj 0]

Spouse is very desperate to stay in this country so I believe there has been a VAWA case filed. I left my home to avoid a situation where they can call the police and file false abuse. Thanks to all Visa journey forums that I read and I took correct steps to protect my self. It's kind of like an approaching storm if you get the proper news from the weather man ...there is chance of survival if you take proper cover.

Yes I'm working with an attorney.

[Ontarkie 14,406]

~~~One post removed for advocating fraud. ~~~

[Brian1967## 119]

And once again some other advise.

Change your phone number so she cannot find you and all contact must be through your attorney.

Do not do what I did and try to play nice get a aggressive attorney.

Never be alone with her if you are getting things out of the house call the police and have them witness you at the house, to protect yourself and your assets From before the marriage.

Do not contact her, let the lawyers do what they do. You will get all premarriage assets back in most states this is called separate property and will be returned to you when divorce is

And last but not least DO NOT EVER BE ALONE WITH HER EVER AGAIN FOR THE REST OF YOUR LIFE.

.

[Ontarkie 14,406]

Removed a number of post for derailing this thread, if you would like to continue discussing what is wrong with vawa please do so in its own thread. If you continue to derail this thread you will be thread banned.

Edited February 15, 2013 by Ontarkie

[Darnell 8,479]

please remember - the summons is for pre-trial allocation of support - which is common in divorce cases, irrespective of any immigration status.

The lawyer (hers) is just doing his job, throwing down all he can and is allowed to throw down.

Your attorney must be able to fight most, if not all, of any thing that her attorney is throwing down with this pre-trial summons.

I'm not a lawyer, nor do I play one on TV, but if your attorney decides to play hard with the supposition that she's been scamming you and lying to you to get a green card, he still has to provide evidence as to WHY she should not be awarded temporary living expenses whilst the divorce proceedings are still going on.

The date span between filing and awarding of divorce varies, and is based on the court's calendar and schedule - not hers, and not yours.

This summons will go over, and cover, temporary orders for spousal support, to cover that date span. It is standard and normal. It's up to your attorney to fight it and fight it with the proper evidence.

So, good luck with that one part.

Alas, the person that files is the person that controls most and absolutely controls the pace. That's not you, so you are now in 'respond' mode.

I hope your attorney has some skills, really.

Good Luck !

[verysadguy 170]

please remember - the summons is for pre-trial allocation of support - which is common in divorce cases, irrespective of any immigration status.

The lawyer (hers) is just doing his job, throwing down all he can and is allowed to throw down.

Your attorney must be able to fight most, if not all, of any thing that her attorney is throwing down with this pre-trial summons.

I'm not a lawyer, nor do I play one on TV, but if your attorney decides to play hard with the supposition that she's been scamming you and lying to you to get a green card, he still has to provide evidence as to WHY she should not be awarded temporary living expenses whilst the divorce proceedings are still going on.

The date span between filing and awarding of divorce varies, and is based on the court's calendar and schedule - not hers, and not yours.

This summons will go over, and cover, temporary orders for spousal support, to cover that date span. It is standard and normal. It's up to your attorney to fight it and fight it with the proper evidence.

So, good luck with that one part.

Alas, the person that files is the person that controls most and absolutely controls the pace. That's not you, so you are now in 'respond' mode.

I hope your attorney has some skills, really.

Good Luck !

Darnell is right. My ex's attorney did throw down all kinds of BS. They can literally say almost anything they want. My ex all of a sudden become illiterate, enslaved, trafficked, abandoned, abused, penniless etc. All BS. Be prepared. Show evidence, hire an attorney willing to fight, save money to pay your attorney, and be prepared to shell out some sort of settlement costs. The cost of fighting at trial is enormous. In retrospect I should have gone to trial, but I wanted out and was willing to pay for it and did so dearly. All other advice is very valid. Never be alone with her, try to fight the urge to lash out by text message, email, phone calls whatever. As many attorneys would say, "Divorce is war." Good luck.

[erynaught 43]

Alas, the person that files is the person that controls most and absolutely controls the pace. That's not you, so you are now in 'respond' mode.

From my experience, I'm not entirely sure this is true. I was the 'defendant' and the first two months were hell for sure as I ran around getting my head straight and pointed in the right direction. However, everything kinda played out how I expected and wanted after the first hearing. A perceived advantage is that the plaintiff gets to speak first at trial (should there be one), but I don't think it had any advantage in my trial. I had a prioritized list of five things I wanted and I ended up with all five (all of which were contested).

Perhaps I'd have a different experience if my ex had a better attorney.

Divorce is all about realistic goals/strategy/tactics. Make sure your attorney knows EVERYTHING. ALWAYS tell the truth. That's it.