How do I send my fiancee back to her country?

[PurrSuede 0]

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

I agree with you that information is not relevant to the query of the OP and not something he needs to worry about, either.

However, I don't think anyone should get all a-flutter over the I-864 obligations either and would be happy to continue that discussion in another thread, if need be...

-- Dan

[Alhamdulillah 0]

I thought I read some place that if you come on a K-1 and then don't get married then you can't ever come on a K-1 again. Is this true?

[Boiler 44,019]

I thought I read some place that if you come on a K-1 and then don't get married then you can't ever come on a K-1 again. Is this true?

No

[knight_owl 0]

Thank you all again for your advice.

I called USCIS, and they said she must leave the country within 90 days if we do not get married, which are not going to do. If she doesn't leave the country, the ICE (Immigration and Customs Enforcement) will be looking for her.

I will tell her that I will buy her a plane ticket to wherever she wants to go, but I have a feeling she will simply refuse even to leave my apartment because she will be angry. I won't know what to do if that happens.

[Jenn! 918]

I will tell her that I will buy her a plane ticket to wherever she wants to go, but I have a feeling she will simply refuse even to leave my apartment because she will be angry. I won't know what to do if that happens.

I'm sure others will weigh in on this as well, but my suggestion would be that you have someone else present when you tell her. CYOA.

[Kez/JWolf 6]

good idea to have someone with you.... can you get someone to come stay until she has left... that way you will have a witness to anything that is said or done.... keep you both safe.

[Boiler 44,019]

I called USCIS, and they said she must leave the country within 90 days if we do not get married, which are not going to do. If she doesn't leave the country, the ICE (Immigration and Customs Enforcement) will be looking for her.

Along with 20,000,000 others, not.

By all means use that, just do not expect anything to happen in reality.

There was a story in my local paper, front page about a woman who wanted to be deported, surrendered herself, ICE told her to go away!

[PurrSuede 0]

Thank you all again for your advice.

I called USCIS, and they said she must leave the country within 90 days if we do not get married, which are not going to do. If she doesn't leave the country, the ICE (Immigration and Customs Enforcement) will be looking for her.

I will tell her that I will buy her a plane ticket to wherever she wants to go, but I have a feeling she will simply refuse even to leave my apartment because she will be angry. I won't know what to do if that happens.

If she is not on your apartment lease, then she is not legally an occupant of your apartment, although her actualy rights to stay there can vary from state to state.

Perhaps you even need to go discuss it with your landlord and have them present when you inform her she needs to leave your premises.

I'm sure the apartment owners would also participate in having her escorted off the property should she refuse to leave.... but they would also know the law in this situation, I am sure...

As other people have suggested... have someone there as a witness.

Yes, it sounds cold and cruel, but as I suggested, first have a simple discussion and see how she reacts to going back home to her country... you can always take specific action later...

Another thing I did during the pre-divorce domestic issues was to buy a handheld digital voice recorder. You can get a good one for easily under $50 these days. When things got dicey I would turn it on and record our conversations. I only did this after she had marched off to the police saying I "threw her away from house!", but at that point, I knew I had to do whatever I could to protect myself.

Amazing how whenever I would turn that device on she would keep the conversation quite civil, once she knew what it was....

-- Dan

[lion_lioness 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?

This is sooo shady and I apologize in advance. But if she's doing that to you already - I'd trick the B&*(% and tell her we were going on a vacation get her out of the country and they she'll be forced to stay cause she can't come back!

Thank God you didn't marry. I wish you all the best.

[amwo 0]

Unfortunately Moldova is not a country people are clamoring to get back to. I seriously doubt she is going to accept a flight back and just be on her merry way. (Yes, as I read in an earlier post, some are trained on how to stay here once here) I would save my money. BUT a flight to where she wants to go (to the other guy)? Oh yeah! Let this other guy deal with her. And don't tell her the legalities of her K-1. Let her think she can just go where ever she wants. Then when this other guy finds out what she is all about (I'm being presumptious in she is probably not a pucker person.), he can boot her out, too.

Once she's out of your life, she's out. Report her to the gov and eventually she will get her just desserts.

I wish you all the best.

Edited November 14, 2006 by amwo

[dmartmar 1]

Dude, what are you waiting for to kick her out?

You spend all this money to bring this girl over and SHE USES YOUR COMPUTER TO TALK TO ANOTHER GUY AND TELL HIM I LOVE YOU, INSIDE YOUR APT. AND IN FRONT OF YOU?

KICK HER OUT AND HAVE NO PITY, B/C RIGHT NOW, SHE HAS NONE FOR YOU, MUCH LESS RESPECT FOR YOU AS A PERSON.

Edited November 14, 2006 by dmartmar

[Yodrak 7]

YuAndDan,

Thanks for bringing the issue up for discussion and for providing the Wheler and Mehta articles. Very worthwhile information. Although, as PurrSuede has pointed out, such court actions have been extremely few, the possibility is real and Sponsors and Joint Sponsors should recognize that the possibility of being called upon to provide support exists.

I'm not so sure that a divorce court could hold the sponsor responsible for the amount required by I-864 on the basis of I-864 - I-864 is a matter of contract law, not family law. But as these case show, if the divorce court does not order sufficient support and the sponsored alien does not have their own means of support then the sponsored alien does have I-864 to fall back on.

I don't believe that the sponsored alien can simply chose to not work and expect to be supported without making any attempt to support themselves. I think that the sponsored alien does have a duty to attempt to support themselves and mitigate the amount of support required of the sponsor. The Stump case reported by Wheeler did not address this issue, noting that it was to be addressed in a subsequent trial. In the Cheshire case reported by Mehta the sponsored alien was partially self-supporting and the sponsor was only required to provide the difference between the alien's actual income and the 125% of poverty level income.

Note also that the cases covered the period of time between when the sponsored alien first needed support and the present. They did not give the sponsored alien any money going forward. If next year the sponsored alien again finds themself below the minimum support level another action is required to recover the new deficit (unless the sponsor has been enlightened by the experience and decides to pay the money without going to court in order to save the attornies fees).

Yodrak

...

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

Edited November 14, 2006 by Yodrak

[Jetson 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!

You may want to mention to her that if her current visa expires she will be here illigaly and therefore can be barred from applying for any other visa for 3 years. I believe that also if you are here illegally for over a year then you could be barred from applying again for 10 years!!! Is this what she wants if she is interested in marrying this other guy if he also lives here in the US? Tell her she needs to be smart about it otherwise she is burning her own bridges. Hopefully this will get her out of the country and ALL of your problems will be solved. Buy her a nonfefundable ticket that way she cannot cash it in. Use it or lose it. This is sad but good luck

[alix 20]

This is such a tough situation though...I'd hate to be in your place! I'm so sorry you are having to go thru this, but I wouldn't be afraid of her being mad or upset at you. She's the one who is spoiling the relationship by telling another man that she loves him while living with you. If it's not working out, let her know that you want it to be over and offer her that ticket back home. If she refuses, then explain to her the downside of becoming illegal because you won't marry her. And if she wants to be with this other guy, she'll have to go back to her country anyways. Have someone there to witness you asking her to leave in a nice manner.

It really surprises me that people in this situation cannot take any legal steps to ensure that the stranged K1 holder will leave and not create any problems. Because honestly, if you went thru the whole process it means that you were serious about getting married (supposedly!!). I think there should be a way of notifying the K1 of your intentions of no longer getting married and showing that you are willing to help them go back home, and they'd be obliged to leave. At least to leave your house!!!! It's just sad to see this kind of situation happening...because it seems like she only wanted to come to America and use you. And that's what makes the process to get family related immigrant visas harder and harder.

I know this sounds a bit extreme (I can't even believe I'm suggesting this... it might even be illegal!!) but as a last resort just wait until she leaves the house, pack her bags, change the locks and when she comes home just have a taxi drive her to the airport with a ticket in hand and some cash for food....whatever she does from then on it's up to her.

[Boiler 44,019]

You just need her out, let her and her boyfriend deal with any subsequent matters.

Stay focussed on the prime issue.