How do I send my fiancee back to her country?

[knight_owl 0]

My fiancee lives with me, but we have not gotten married yet, and she has not gotten her social security card yet. Our relationship is not working. We are both unhappy. I found out she is chatting with another guy online, and she tells him that she loves him. I don't want this relationship to continue. How do I begin the process of sending her back to her country? Her visa is still good I think, so could she possibly come back into the country and try to be with this other guy? Does anyone know if I need to get additional paperwork for this? Do I just buy her a plane ticket and off she goes? Basically, if anyone can please help me with this, I would appreciate it. Thank you very much!

[maryandatif 0]

A K-1 is a single entry Visa....so I suppose you two can talk it over and just send her on her merry way.

Good Luck

Mary K.

[Yodrak 7]

knight_owl,

Yes you can buy her a plane ticket. But if she refuses to use it there's little if anything you can do to force her. If it comes to that maybe you can graciously agree that she can move in with the other guy.

Yodrak

My fiancee lives with me, but we have not gotten married yet, and she has not gotten her social security card yet. Our relationship is not working. We are both unhappy. I found out she is chatting with another guy online, and she tells him that she loves him. I don't want this relationship to continue. How do I begin the process of sending her back to her country? Her visa is still good I think, so could she possibly come back into the country and try to be with this other guy? Does anyone know if I need to get additional paperwork for this? Do I just buy her a plane ticket and off she goes? Basically, if anyone can please help me with this, I would appreciate it. Thank you very much!

[Nizzy 1]

Once you come in on a K-1 then you can't reuse it if you leave the country. And since you haven't gotten married and will not do so then she will be out of status and it will all catch with her and she will have to leave.

[payxibka 10,044]

My fiancee lives with me, but we have not gotten married yet, and she has not gotten her social security card yet. Our relationship is not working. We are both unhappy. I found out she is chatting with another guy online, and she tells him that she loves him. I don't want this relationship to continue. How do I begin the process of sending her back to her country? Her visa is still good I think, so could she possibly come back into the country and try to be with this other guy? Does anyone know if I need to get additional paperwork for this? Do I just buy her a plane ticket and off she goes? Basically, if anyone can please help me with this, I would appreciate it. Thank you very much!

Buy her a ticket and put her on a plane. She cannot use the visa for re-entry for anything else or anyone else.

[Boiler 44,019]

She may have a ticket, often cheaper to buy a return than a single, and who is to say she can not afford to buy her own ticket?

[PurrSuede 0]

My fiancee lives with me, but we have not gotten married yet, and she has not gotten her social security card yet. Our relationship is not working. We are both unhappy. I found out she is chatting with another guy online, and she tells him that she loves him. I don't want this relationship to continue. How do I begin the process of sending her back to her country? Her visa is still good I think, so could she possibly come back into the country and try to be with this other guy? Does anyone know if I need to get additional paperwork for this? Do I just buy her a plane ticket and off she goes? Basically, if anyone can please help me with this, I would appreciate it. Thank you very much!

If you do not marry her within 90 days of her entry date, she is technically "out of status".

Sooner or later the USCIS would begin removal proceedings. She can't use the visa to re-enter the country, nor can she use it to stay here and marry someone else.

If she's a mail-order bride, you could just mark "return to sender" across her forehead and drop her in the nearest mailbox.... j/k...

I think the two of you need to have a sit-down and explain to her that you aren't going to marry her and she'll have to leave America... and then decide on the best method for her to do so.

And, from some of my other posts, be DAMN careful you don't cause such an argument that she goes running to the police with false tales of Domestic Violence in order to fabricate a way to stay in the US.

Believe me, these women often get coached in such things before they even leave their own country.

If she can be doing this stuff to you already, who knows the other schemes she might have up her sleeve.

After she leaves (if you can get her to leave voluntarily) I would make a point of visiting the USCIS, show them a copy of her return plane ticket and tell them that you have withdrawn support for her as the original petitioner.

-- Dan

[YuAndDan 153]

Also the K-1 visa is only valid for marriage to the original petitioner, so even if she married the other person AOS will be a problem. The other person will have to go through the I-130 petition process.

Be thankful that you did not marry, do AOS, and sign the I-864. A divorce court can hold you accountable for the %125 poverty line amount stipulated by the I-864, if your ex spouse chose not to work you would be locked in to that I-864 contract for ever, even if she were to re-marry.

That form was discussed at length on another forum last week, and it is scary as hell. I am suprised this legal precedent is not brought up for discussion here on VJ.

http://candleforlove.com/forums/index.php?...c=21169&hl=

http://www.ilw.com/articles/2006,0110-wheeler.shtm

http://www.ilw.com/articles/2006,0608-mehta.shtm

[CarolineM 0]

Wow! Yu and Dan, interesting links - and so true!!

[Yodrak 7]

Dan,

Nothing "technical" about it. She'll be out of status.

Agreed - knight_owl needs to be careful how he handles the situation. He should perhaps have a consultation with a family law attorney to discuss his situation and get some tips on what he can do and what he can't do, what he should try to do and what he should not try to do.

Yodrak

If you do not marry her within 90 days of her entry date, she is technically "out of status".

.....

And, from some of my other posts, be DAMN careful you don't cause such an argument that she goes running to the police with false tales of Domestic Violence in order to fabricate a way to stay in the US.

.....

-- Dan

[knight_owl 0]

Thank you all so much for your advice. I feel nervous about all of this, and I just want it to end.

I don't want her to live with me anymore. Should I first just ask her nicely to leave and go back to her country, and pay for her ticket? What if she refuses to leave my apartment? What if she refused to leave the country, and she wants to go live with this other guy? Am I still responsible for her?

[PurrSuede 0]

Also the K-1 visa is only valid for marriage to the original petitioner, so even if she married the other person AOS will be a problem. The other person will have to go through the I-130 petition process.

Be thankful that you did not marry, do AOS, and sign the I-864. A divorce court can hold you accountable for the %125 poverty line amount stipulated by the I-864, if your ex spouse chose not to work you would be locked in to that I-864 contract for ever, even if she were to re-marry.

That form was discussed at length on another forum last week, and it is scary as hell. I am suprised this legal precedent is not brought up for discussion here on VJ.

http://www.ilw.com/articles/2006,0110-wheeler.shtm

http://www.ilw.com/articles/2006,0608-mehta.shtm

We discussed those articles at length. I, in particular discussed the ramifications of them, when I was discussing my divorce this last summer.

So I am surprised that perhaps you missed the discussion on it...

of particular notice, it's worthy to point out... (from the Wheeler article)

At the same time, it is important to provide a realistic assessment of the probability of actions to enforce the affidavit of support. The author is not aware of any successful actions to obtain reimbursement for means-tested benefit programs obtained by the alien, largely due to the following: (1) sponsored aliens are barred from receiving these benefits for a five-year period in most jurisdictions; (2) after this five-year period, the income of the sponsor is deemed to the alien in determining financial eligibility; and (3) most states have not implemented a system for seeking such reimbursement in cases where the alien does access benefits. Over the course of the last nine years, only a handful of actions have been brought against sponsors by the sponsored alien, and all have been by disgruntled spouses.

The bold-text and underlining accents are mine.

The fact is, the means-tested benefits are NOT going to be used against you on the basis of the I-864. My immigration attorney informed of this fact. He was a practicing staff attorney with the INS for over 20 years, and he said he had NEVER seen it used in such a manner.

Also please note that the "handful" of cases were ONLY when no support were given to the disgruntled (immigrant) spouse in the divorce proceedings.

The odds of this happening are extremely slim, and in my divorce, my ex-spouse (the immigrant) signed off on a lump-sum NON-modifiable support clause. This means she can not return to court to seek support for any reason, such as under the I-864.

So before you go all ga-ga and think that this can happen, it is EXTREMELY unlikely to happen and there are ways that a divorce settlement can likely preclude such an action from taking place.

-- Dan

Wow! Yu and Dan, interesting links - and so true!!

if your ex spouse chose not to work you would be locked in to that I-864 contract for ever, even if she were to re-marry.

Sorry, Caroline, but this statement, in the context of the rest of the post by Yu and Dan, is totally untrue...

There have been no cases where anyone is locked into that contract in perpetuity (forever), and in fact, as I mentioned from Wheeler, there were only a HANDFUL of cases in NINE years where an immigrant spouse was granted some level of support from the I-864.

per Wheeler, all of these cases occurred where the disgruntled spouse chose to use the I-864 as a vehicle for obtaining SOME support, because they had received none in their divorce proceedings.

-- Dan

[Boiler 44,019]

Thank you all so much for your advice. I feel nervous about all of this, and I just want it to end.

I don't want her to live with me anymore. Should I first just ask her nicely to leave and go back to her country, and pay for her ticket? What if she refuses to leave my apartment? What if she refused to leave the country, and she wants to go live with this other guy? Am I still responsible for her?

Ignore the support issue, I assume you have so far only signed the I-134 which is not enforcable.

1. Ask her to leave.

2. Offer to buy her a ticket (think of it as good insurance).

What happens after she has gone is not your problem.

[PurrSuede 0]

Be thankful that you did not marry, do AOS, and sign the I-864. A divorce court can hold you accountable for the %125 poverty line amount stipulated by the I-864, if your ex spouse chose not to work you would be locked in to that I-864 contract for ever, even if she were to re-marry.

That form was discussed at length on another forum last week, and it is scary as hell. I am suprised this legal precedent is not brought up for discussion here on VJ.

http://www.ilw.com/articles/2006,0110-wheeler.shtm

http://www.ilw.com/articles/2006,0608-mehta.shtm

First of all, it was a federal court because the plaintiff in the action was not satisfied with the support awarded (none!) by the divorce court.

Second of all, it is not "for ever" as I have stated.

Here's the quote from the Mehta article:

The Court in Cheshire v. Cheshire analyzed, after reviewing Section 213A, that the sponsor’s obligation to support the sponsored immigrant under the Affidavit of Support only terminated upon the occurrence of one of the five circumstances: 1) the sponsor’s death, 2) the sponsored immigrant’s death, 3) the sponsored immigrant becoming a US citizen, 4) the sponsored immigrant permanently departing the US, or 5) the sponsored immigrant being credited with a total of 40 qualifying quarters of work. Thus, the fact that defendant had divorced his wife did not terminate his obligation to continue to support his wife.

Note that "for ever" is not one of the five conditions....

The Court held that the defendant US citizen spouse was required to continue to support his wife from December 20, 2001 till the date of the judgment. The plaintiff ex-spouse had to be supported in an amount equal to 125% of the annual income stipulated under the federal poverty guidelines from 2001 to 2006, which amounted to $50,116.75, minus the wages of $41,795.54 that she had received on her own accord during this period. Defendant was thus ordered to pay $8,321.21.

In other words, for a period of FIVE YEARS of time, the defendent had to pay $8,300 and some change.

This was an award of approx. $1660 per YEAR or $138 per month.

Notice that the wages she had received of her OWN accord were deducted from the original calculation as well.

The Court held that the defendant’s obligation to sponsor the plaintiff would continue until such obligation expired by law based on the above 5 outlined events.

The Court further held that there was no obligation for the spouse to work in order to relieve the defendant of his obligation.

But what is the spouse going to live on in the meantime....??? And even still... how much living can one do on the 125% of the poverty level?? Which is below the minimum wage? For 2006 that is approximate $1020 a month for one person. How well do you think ANYONE could live on that without needing to work???

And the minute they work, they are likely making minimum wage or greater, and that goes against the $1020.

You guys are all getting worked up over a totally worse case scenario that just ain't likely to happen.

-- Dan

[Kez/JWolf 6]

Guy's as the OP is not married your arguments about what support is due are not needed.... start a new thread if you want to disscuss it...

To the OP I am sorry things did not work out.... as other have said offer to pay her flight home and ask her to leave.... where she goes once she has walked out of your home is up to her...

Good Luck