Divorce within 90 days of fiance's arrival

[ManCharsey 254]

If I could get a dollar anytime I heard one of these stories, I would have had millions of $. Divorce her and move on.

[Ron and Rhea 42]

Sucks you have to go through this #######....Darnell and others have given you great advise and you seem to be following advise.

You said she is from Afghanistan?

[chulo 1]

Hi first time commenting; like everyone is saying, you need representation to cya. I was thinking you will need documentation from family and friends of your whereabouts from the time you go to work and where you go other than your home or record......document the day she abandoned you. Get a copy of the police report of her complaint. don't worry about where she is , she is gone. But CYA........

be careful do not accept phones calls, do not talk to her and document or keep some type of record of phone calls. ...if she calls your job or show up, do not talk to her. communicate with your lawyer only. in my mind i am thinking that you can write some type of timeline from the time she came and left, what happened, like an affidavit. Hope this helps.

[Scott & Kaye 32]

Hi first time commenting; like everyone is saying, you need representation to cya. I was thinking you will need documentation from family and friends of your whereabouts from the time you go to work and where you go other than your home or record......document the day she abandoned you. Get a copy of the police report of her complaint. don't worry about where she is , she is gone. But CYA........

be careful do not accept phones calls, do not talk to her and document or keep some type of record of phone calls. ...if she calls your job or show up, do not talk to her. communicate with your lawyer only. in my mind i am thinking that you can write some type of timeline from the time she came and left, what happened, like an affidavit. Hope this helps.

Good advise. Like everyone has said document everything. Also change the locks on your home and keep anything important like paperwork in a secure place. Your still married so she can come back in to the house legally any time.

[lolita777 0]

my case is VERY unique I believe ..........my husband whom im petitioning and I had a fight on the day of the interview. i withdrew my i130 petition for my husband. He has been denied his i485 based on this withdrawal, but hes already received his employment card, travel card and social security number. he even has a job here.

Now, we have decided to resubmit the documentation within 30 days which is the time he has we were told. do we have to submit all the documents to do another employment permit and travel (a new alien number) or does it remain valid while we are again in proceedings for i130 and i 485? we have a 8month old baby which was born in the usa. we were married in spain...

HELP

[Boiler 45,538]

My understanding that once a petition is pulled you start again. EAD etc is dependent on a petition.

[Jon and Krissy 452]

This is what my husband thought when after marriage, he told me to go home because he is not ready for a married life..yes, I was hurt..and I don't want to go home not because I wanted to live in the US but because I have chosen to be with him.It just happened that he lives in the US. It hurts a lot when the guy you love accused you of that..not even thinking that you left everything just to be with him..plus the betrayals..and the lies that I have found out..he booked me a flight thrice, the 2 flights were cancelled because he said, he wanted our marriage to work..but it seems that he wasn't doing anything to make it work..he does not even want to file our marriage license to the county,he even said that I am just after the green card..it hurts..so I said, for the 3rd time, book me a flight..I am going home..maybe going home will give you more time to think what do u really want in life..he took me to the airport, then when I was in Detroit, he told me that he is ready for a married life, that he loves me, and asked me to go back with him.. I said NO..I am going home..so I went home..

I am back to my country and working already. My husband?he realized what he lost when I went home..we are still communicating and I still love him..I left him because I wanted him to realize what he wants in life.so right now, he will be submitting our documents for the k3 petition..

He sounds 'a little' unstable to put it mildly. To go through all that to get the person here, then send them back, then change his mind back and forth a bunch of times as you are on your way back home? Either unstable, or a sadist, IMO. As Dan Savage would say, 'Dump the mofo, already!'

[Jon and Krissy 452]

my case is VERY unique I believe ..........my husband whom im petitioning and I had a fight on the day of the interview. i withdrew my i130 petition for my husband. He has been denied his i485 based on this withdrawal, but hes already received his employment card, travel card and social security number. he even has a job here.

Now, we have decided to resubmit the documentation within 30 days which is the time he has we were told. do we have to submit all the documents to do another employment permit and travel (a new alien number) or does it remain valid while we are again in proceedings for i130 and i 485? we have a 8month old baby which was born in the usa. we were married in spain...

HELP

My advice would have been to not have crazy fights the day of a vital immigration interview. It sounds as if at least one of you have the maturity or temperament to be adult and non self-sabotaging....

[ManCharsey 254]

Lolita777 if I were your husband, I would probably not go ahead with the AOS and leave the US to show you how stupid it was for you to withdraw your petition just because of a fight. You have to understand that marriage is about ultimate love and maturity. Just because you petitioned or are petitioning for him does not mean you have to hold it against him like some kind of leash around his neck. Next thing you know, you will be threatening him with deportation of he doesn't do your biding. Men don't like that and you don't want your husband finding love and affection somewhere else where he is received more warmly. Anyways, I'm not being judgmental. I'm just letting you know the truth as it is..and as you probably don't wanna know. Have a blessed marital life :-)

[Jon and Krissy 452]

My advice would have been to not have crazy fights the day of a vital immigration interview. It sounds as if at least one of you have the maturity or temperament to be adult and non self-sabotaging....

Should read 'It sounds as if at least one of you DOES NOT have...'

[novedsac 355]

.. you can definitely sue your spouse for defamation ... and if he is not guilty, I trust the police will come to the same conclusion ... and there is his proof.

Huh? You're confused.

Libel is damage to someone's reputation - if it is written it is defamation; if it is verbal it is slander - but it's libel all the same.

Furthermore, libel has to be tangible damage to someone's reputation. Being angry, embarrassed and ridiculed is not tangible. You would need to prove, for example, that you lost your source of income as a direct result of the libelous action.

Again, in the states that I'm aware of, a spouse cannot sue the other spouse for libel (be it defamation or slander). For example, your wife accuses you of sexual molestation during the divorce. This results your time with that child being severely restricted and supervised while the state child welfare agency crawls up your ####### with a microscope. Eventually you prevail and your parental rights are reinstated without any encumbrances. You may even get that part of the divorce proceedings sealed from public view. However, none of this is the basis of a libel action.

And a police conclusion is not proof … police conclusions get debunked in a court all the time.

Edited March 15, 2014 by novedsac

[Boiler 45,538]

You can try and take legal proceeding for anything against anybody, THIS IS AMERICA.

There are Lawyers to be fed.

Practicality is another issue.. The first thing any Lawyer will want to know is where is the money.

[novedsac 355]

You can try and take legal proceeding for anything against anybody, THIS IS AMERICA.

There are Lawyers to be fed.

Practicality is another issue.. The first thing any Lawyer will want to know is where is the money.

I suppose …

In my state … if my spouse filed a libel suit because I publicly claimed that she got knocked up by her boss and said claim resulted in her getting fired … the court transcript would look something like this:

My Attorney: Your Honor, the defendant and plaintiff are currently married

The Judge: Is this true? Your client is married to the defendant of this motion?

Her Attorney: Yes, your Honor. But … ah …

The Judge: There is no legal basis for libel between a married couple. Motion denied.

Notice that whether she actually got knocked up or not by her boss is completely irrelevant here, though it may be relevant in establishing fault in the divorce which will be important for the determination of equitable division of assets and spousal support.

It would probably continue with a favorable opinion on my counter motion for attorney's fees on the basis of a frivolous lawsuit.

Most lawyers, even the most money hungry, don't want to suffer as a fool in front of the judiciary they routinely practice.

Edited March 16, 2014 by novedsac

[mike56427 6]

... maybe I need to google it for you ...

Huh? You're confused.

Libel is damage to someone's reputation - if it is written it is defamation; if it is verbal it is slander - but it's libel all the same.

Furthermore, libel has to be tangible damage to someone's reputation. Being angry, embarrassed and ridiculed is not tangible. You would need to prove, for example, that you lost your source of income as a direct result of the libelous action.

Again, in the states that I'm aware of, a spouse cannot sue the other spouse for libel (be it defamation or slander). For example, your wife accuses you of sexual molestation during the divorce. This results your time with that child being severely restricted and supervised while the state child welfare agency crawls up your ####### with a microscope. Eventually you prevail and your parental rights are reinstated without any encumbrances. You may even get that part of the divorce proceedings sealed from public view. However, none of this is the basis of a libel action.

And a police conclusion is not proof … police conclusions get debunked in a court all the time.

[novedsac 355]

... maybe I need to google it for you ...

Google 'til you wear out your keyboard and you'll get every answer under the sun.

I'll go with expert legal counsel and the law(s) applicable to where i reside. You think a judge gives a squat what a Google search return shows?