wife runway on a k1 visa

[chris198 3]

hi, my wife came here on a k1 visa and we got married a month after she got here. she's been here for 5 months now but we did not adjust for status yet. Our marriage has been rocky from the beginning and we have a conflict most of the time. Just recently she ran away while i was at work and won't tell me where she is. She had all her belongings except the ones i gave her. She also took our marriage certificate. My question is what should i do to protect myself? can i file a divorce right away? can she adjust her status without my consent? thank you.

[Darnell 8,479]

A K-1 visa holder cannot adjust status without the I-129F petitioner filing an I-864 with the adjustment of status paperwork.

Since you two haven't submitted that, legally you are off the hook for future support issues governed by the I-864.

However, she might attempt to adjust status via a VAWA filing, so if you wanted to protect yourself:

1. move. If financial burden about it, rent out yer place to college students, rent by the room.

2. file for divorce asap. include a protection order request that has fines involved with her contacting you or coming to the domicile.

3. change all of your phone numbers, stop using your current emails and get new ones.

That's the short version - I'm sure others will be here to post the long version.

[NikLR 13,232]

No she cannot adjust status without you.

After her I-94 expired her stay in the USA became unauthorized.

If you want to file for divorce because you do not think this will work out then do so.

Beware of VAWA accusations.

[belinda63 3,052]

Without you she can't do anything EXCEPT make false claims of abuse and adjust status via VAWA. I suggest you file for divorce and notify USCIS that she has left and you don't know where she is. Since she never applied to adjust status she has been out of status since her I-94 expired and is subject to detention and deportation.

[Brian1967## 119]

Do everything the said above. If you cannot move change the locks...file for annlument, once you get it turn it over to USCIS and try to walk away. Stay healthy and focused, you are on the hook for nothing. Sorry this has happened

[NigeriaorBust 4,087]

The biggest things is NEVER met her alone. if she wants to vile VAWA she will try to stage something so always meet in a public place with another person ( your side) with you. When you contact USCIS to tell them she has run off make a statement that there has been no abuse by either party ( in case she want to claim you abused her while together ) Change you credit card numbers and report to the agencies that you are not married. Put a fraud alert on your credit.

[Ning 619]

hi, my wife came here on a k1 visa and we got married a month after she got here. she's been here for 5 months now but we did not adjust for status yet. Our marriage has been rocky from the beginning and we have a conflict most of the time. Just recently she ran away while i was at work and won't tell me where she is. She had all her belongings except the ones i gave her. She also took our marriage certificate. My question is what should i do to protect myself? can i file a divorce right away? can she adjust her status without my consent? thank you.

Stop any ability she may have to access your money by ATM ect. She must have had this planned so she is with a " friend ". Beware of anyone calling you at work that you don't know.

[chris198 3]

Thanks everyone. Fortunately she does not have access to my bank account. She has a duplicate of the house keys though. Regarding Vawa, we only had verbal fights and i always just give her a silent treatment and ignore her. do i still need to contact the uscis even though we didn't file for aos?

[Ning 619]

Thanks everyone. Fortunately she does not have access to my bank account. She has a duplicate of the house keys though. Regarding Vawa, we only had verbal fights and i always just give her a silent treatment and ignore her. do i still need to contact the uscis even though we didn't file for aos?

Yes. Protect yourself in every possible way.

[belinda63 3,052]

This is a CYA situation. As soon as she realizes she can't do anything to become legal without you she may try anything. Change the locks on the house. This is a DIY that takes about one hour. Never, ever meet with her unless you have a witness. And I can't think of any reason you would need to meet with her outside of court. Send a letter as advised to CYA in case she files a false VAWA. You will never know if she files a VAWA and you will never be contacted about it.

[chris198 3]

Im sorry but what is CYA? So if she file a vawa i will never found out about it?

[belinda63 3,052]

CYA=cover your a**

as far as the VAWA you will never know if she files for it, if it is approved or denied. You will know nothing Jon Snow.

That is why it is advised you send a notarized letter to USCIS letting them know what happened.

[Leatherneck 693]

By all means change the locks on the house today! Can not stress enough -- NEVER be alone with her.

A domestic violence accusation will turn your life upside down.

[chris198 3]

Thank you everyone. I appreciate all your advise.

[cdneh 3,112]

You can also have your locks rekeyed. Same lock, new keys, old ones won't work. Less expensive from memory as well.