Divorce within 90 days of fiance's arrival

[Golden Gate 530]

Well she's not home anymore. She's somewhere else safe from me. The cop said they're waiting for a domestic violence agent to be assigned to the case and then they'll wanna hear my side of the story. I'm going to tell them the truth. You think I should get a Lawyer?

Yes, get a lawyer and don't have any communication with her whatsoever. Which country is she from? What's the truth? Don't talk to the police without a lawyer.

Edited March 15, 2014 by Golden Gate

[Thanks 2]

But how can she stay here? If she hardly speaks English. Has no money. No job. No relatives. Her father will tell her to come back. And I won't cooperate to change her status. Looks to me like she can't gain anything by staying. Especially once I prove that the domestic violence charges are bogus.

[Boiler 46,327]

Well she's not home anymore. She's somewhere else safe from me. The cop said they're waiting for a domestic violence agent to be assigned to the case and then they'll wanna hear my side of the story. I'm going to tell them the truth. You think I should get a Lawyer?

Divorce Lawyer

Ohh yes.

[Boiler 46,327]

But how can she stay here? If she hardly speaks English. Has no money. No job. No relatives. Her father will tell her to come back. And I won't cooperate to change her status. Looks to me like she can't gain anything by staying. Especially once I prove that the domestic violence charges are bogus.

She is from Afghanistan?

Plenty of support centers out there and no doubt ethnic support groups she can reach out to.

Plenty of work that Americans will not do.

[Golden Gate 530]

But how can she stay here? If she hardly speaks English. Has no money. No job. No relatives. Her father will tell her to come back. And I won't cooperate to change her status. Looks to me like she can't gain anything by staying. Especially once I prove that the domestic violence charges are bogus.

It is not your concern if she can't speak English, if she has no relatives here. That is her concern because of the actions she has taken. Let her father pay for her to go home and deal with her. You can do nothing to make her leave and you shouldn't communicate with her. Her welfare is no longer your problem. Do what you need to do to protect yourself.

[Golden Gate 530]

It is not your concern if she can't speak English, if she has no relatives here. That is her concern because of the actions she has taken. Let her father pay for her to go home and deal with her. You can do nothing to make her leave and you shouldn't communicate with her. Her welfare is no longer your problem. Do what you need to do to protect yourself.

You can report to the government that you believe it is fraud on her part, but that doesn't mean they will deport her. Then take the necessary steps to divorce her.

[Darkarma 2]

get a lawyer ASAP

[Thanks 2]

You guys are great. Thank you so much. Calmed me down. Appreciate it. A lot.

[Merrytooth 5,748]

How about filing marriage annulment based on fraud?

[Golden Gate 530]

Good Luck and let us know what's happening.

[novedsac 355]

But how can she stay here? If she hardly speaks English. Has no money. No job. No relatives. Her father will tell her to come back. And I won't cooperate to change her status. Looks to me like she can't gain anything by staying. Especially once I prove that the domestic violence charges are bogus.

What she has to gain by staying here is entirely dependent on what she has to go back to in her home country. Some people find living for decades as an illegal in this country a better situation than where it is they came from.

You defend yourself against domestic violence charges in court. Any VAWA proceedings are outside of the court and you will never be made aware of their existence, their status, what is being presented as proof, etc. VAWA with USCIS is an entirely administrative process and there is absolutely no impact on you, even if she convinces USCIS that she has been abused. In fact, the very action of pursuing this information with USCIS can be construed as abusive and bolster her claims.

The best you can do is defend yourself vigorously against any court charges and, if you can show the judge that they are trumped up and you fear further confrontations with her may result in additional false claims, then you may have the grounds for a permanent restraining order against her. Now, that would throw a monkey wrench into her VAWA endeavors with USCIS.

Never be alone with her.

Never call or answer a call from her on the telephone.

Ignore her emails.

Do not communicate in any way with her friends or family.

ALL communication should be through her lawyer (via your lawyer if you have one).

You need a good divorce attorney who has experience with defending false abuse claims. No need for a lawyer with immigration experience - it's irrelevant to your divorce.

You have not been married long enough to owe her anything of substance. Everything you owned prior to the date of marriage is your separate property. Unless you've been extremely fortunate with investments and/or lottery winnings whilst married, there is likely no appreciable gain in equity during the marriage. Like I said earlier, assuming you can convince the judge that the abuse claims are bogus, you'll come across as extremely generous by offering a plane ticket home and a thousand dollars or so for 'hold over' money to cover her immediate expenses. Of course, she'll very likely never return to her country anyway, but your goal here is to expedite the divorce with as little collateral damage as possible.

Now, if she can demonstrate to the judge that you've abused her … she'll have a court record of abuse which will certainly help her VAWA claim and she'll be granted a divorce judgement which will be more favorable to her … you'll likely be saddled with providing some monthly support, perhaps for a few years, as well as her legal fees.

Edited March 15, 2014 by novedsac

[Chicagoguy 2 27]

You should find a lawyer very soon. Now is not the time to be cheap and save money. Things are happening now that might come back to haunt you latter if not

handled correctly. Follow other advice here.

[deleted-05292014 331]

Well she's not home anymore. She's somewhere else safe from me. The cop said they're waiting for a domestic violence agent to be assigned to the case and then they'll wanna hear my side of the story. I'm going to tell them the truth. You think I should get a Lawyer?

Yes you need a lawyer asap.

Never....ever talk to the police without your attorney. Even if you are 100% innocent of any crime, you should NEVER talk to police without a lawyer present or under their advice....I repeat you never talk to the police without a lawyer

[mike56427 6]

... I would ... and I would sue her for libel to protect my name and records ... then she would have to prove it

Well she's not home anymore. She's somewhere else safe from me. The cop said they're waiting for a domestic violence agent to be assigned to the case and then they'll wanna hear my side of the story. I'm going to tell them the truth. You think I should get a Lawyer?

[christeen 966]

Retain a lawyer... This will help navigate the traps she has set designed to grant her a free pass in the USA. No contact whatsoever with her. Report her to USCIS. You did not file AOS, so her VAWA claim is just a maneuvering to try to get her to stay here... You cannot deport her, only the govt can. She can always choose to live illegally, but she will nOT be able to adjust her status with anyone else other than you... But get a lawyer ASAP to mitigate any abuse claims and ensure she does not get granted to stay based on false charges...