wife runway on a k1 visa

[belinda63 3,052]

She can be served by publication if her current address is not know.

[chris198 3]

As much as that sucks, sounds like decent evidence.

When you went to the local USCIS, did you talk to the fraud officer? forget the acronym for them.

Yea I told them I want to speak to fdns and report a fraud. They send me to this lady behind the counter but she wasn't much help as she said they don't take fraud reports and I need to mail the Vermont office. I already did that but im still going to schedule another infopass in the main office just to be sure.

The divorce summons, after having been filed in Court, needs to be served upon her by a process server or other officer of the Court. Sending a scanned copy through email or any other method, even if delivering it yourself, will not be considered to have been officially delivered/received by the other side.

A process server will track her down and deliver the summons regardless of where she is, day of the week, time of the day ... and they will provide a certification that the summons was delivered to her. That's all you need to start the ball rolling - if she decides not to show up, then it just takes you a little longer and few more bumps along the way, but you can proceed and complete the process even without her cooperation. But she does need to be served the summons, any additional motions, etc.

I would also avoid emails, online accounts, telephone calls with her to minimize your exposure to VAWA-associated claims and charges.

How will the process server track her down and deliver the summon? I'm sure she knows about the divorce but just hiding deliberately. My lawyer said I we might need to do divorce by publication if we can't locate her.

[khwaidee1 196]

Yea I told them I want to speak to fdns and report a fraud. They send me to this lady behind the counter but she wasn't much help as she said they don't take fraud reports and I need to mail the Vermont office. I already did that but im still going to schedule another infopass in the main office just to be sure.

How will the process server track her down and deliver the summon? I'm sure she knows about the divorce but just hiding deliberately. My lawyer said I we might need to do divorce by publication if we can't locate her.

You can pay a ton of money to have a process server try and locate her and serve her. I think the option of service by publication that your lawyer suggested would be better, it's cheaper and faster. He'll know the requirements before you can publish, i.e. spouse cannot be located etc.

[fin fin 5]

I would file for a divorce, ASAP. She probably just used you to get here. Contact USCIS and report her.

[novedsac 355]

You can pay a ton of money to have a process server try and locate her and serve her. I think the option of service by publication that your lawyer suggested would be better, it's cheaper and faster. He'll know the requirements before you can publish, i.e. spouse cannot be located etc.

Agreed on the service by publication ... somehow I missed/forgot the spouse's whereabouts were unknown.

[bronco37 16]

Some of the advices on this thread can and will land you in jail, depending on the state you reside in. Hence,

Do NOT record anything
Do NOT read/keep copies of emails that were not directly sent/cc'd to you

You CAN'T lock your spouse out of the marital house (does not matter who owns the title or when it is bought)

In other words, you are almost screwed. But,

You can write a notarized letter explaining the situation and send it to the USCIS district director via certified mail. (I do not know about INFOPASS process). It is always better to seek legal counsel before you write anything other than filling out standard forms. Many immigration lawyers are plain scammers or simply do not know the law.

You can document everything and seek a restraining order against your spouse if you were threatened by the spouse. Chances are you will not get it as your spouse is not living w/ you and actually has not done anything to physically hurt you. Also, stay away from this bogus restraining order business as the whole process clogs US justice system unnecessarily. In reality, if your spouse wants to kill you, restraining order won't stop that person from doing so. So, yea, stay away from it as long as you can.

That said, please don't feel worried too much. You have filed for divorce and that clearly shows that you have no intention to control this person and wants to snap ties with this person. In addition, to get a GC that person still needs to prove bona-fide marriage to the USCIS adjudicator. Does she have joint accounts with you where she also shared and used her resources for the family? Does she have joint tax returns that you filed w/ her? Does she have proof that you two paid household bills together? There are many things that are reqd. as a standard of proof for good faith marriage. Most of them come automatically in a normal marital relationship where one party is not trying to scam the other.

It'll be hard for me to believe that USCIS or IJ randomly adjudicate cases in favor of people wanting a GC based on their claims of abuse without basic proof of bona-fide relationship. There has to be some basic standard of proof. If the proof exists then you are SoL. But, at the end of the day, everything will work out just fine for both of you.

Edited July 13, 2014 by bronco37

[Soloenta 2,218]

Send a letter to your ICE and USCIS and hand deliver to your local office ( better to over notify than under ) Make sure you send so you get a receipt with signature

Here is the website you can call or contact them in other ways please do this quickly and I'm very sorry this happened to you.

http://www.uscis.gov/about-us/contact-us

[Soloenta 2,218]

i will definitely be firm with my decision even if she tries to reconcile with me. she's been gone for awhile now and i don't know if i can trust her again.

what are the chances she will suceed in filing a false vawa accusation? what kind of evidence does uscis look for? our fight are always verbal and a lot of time just ignoring each other for days until one folds and apologies.

You don't think you can trust her, you know you can't trust her. She knew very well what she was doing.

I would think there would have to be police records and it doesn't seem there are none. I would just suggest doing this as quickly as possible and if you can afford it get a lawyer to do this swiftly. Might even have him write to USCIS and ICE to let them know what she has done. It will be a more serious letter and they will know your in the process of divorce. Much luck to you and for God's sake don't trust this woman ever again.

[Soloenta 2,218]

I got a copy of her chat logs and some emails and them sending lewd pictures to each other. They were talking about how they love and miss each other and she will dumped me after getting her gc so they can be together. She even mentioned that she never love me and how she despise being with me instead of her lover.

Good as gold my friend, run with it. Job well done!

[Soloenta 2,218]

Some of the advices on this thread can and will land you in jail, depending on the state you reside in. Hence,

Do NOT record anything

Do NOT read/keep copies of emails that were not directly sent/cc'd to you

You CAN'T lock your spouse out of the marital house (does not matter who owns the title or when it is bought)

In other words, you are almost screwed. But,

You can write a notarized letter explaining the situation and send it to the USCIS district director via certified mail. (I do not know about INFOPASS process). It is always better to seek legal counsel before you write anything other than filling out standard forms. Many immigration lawyers are plain scammers or simply do not know the law.

You can document everything and seek a restraining order against your spouse if you were threatened by the spouse. Chances are you will not get it as your spouse is not living w/ you and actually has not done anything to physically hurt you. Also, stay away from this bogus restraining order business as the whole process clogs US justice system unnecessarily. In reality, if your spouse wants to kill you, restraining order won't stop that person from doing so. So, yea, stay away from it as long as you can.

That said, please don't feel worried too much. You have filed for divorce and that clearly shows that you have no intention to control this person and wants to snap ties with this person. In addition, to get a GC that person still needs to prove bona-fide marriage to the USCIS adjudicator. Does she have joint accounts with you where she also shared and used her resources for the family? Does she have joint tax returns that you filed w/ her? Does she have proof that you two paid household bills together? There are many things that are reqd. as a standard of proof for good faith marriage. Most of them come automatically in a normal marital relationship where one party is not trying to scam the other.

It'll be hard for me to believe that USCIS or IJ randomly adjudicate cases in favor of people wanting a GC based on their claims of abuse without basic proof of bona-fide relationship. There has to be some basic standard of proof. If the proof exists then you are SoL. But, at the end of the day, everything will work out just fine for both of you.

I disagree, I think he could be in danger since this woman has had and has reunited with her lover and this lover if the locks are not changed can hurt the husband. There isn't a court on earth that would deny that he can possibly be in danger. I would let the lawyer tell him what they can use as evidence. It's his house his computer and she entered the marriage fraudulently. So I for one am happy he changed the locks.

I do agree with you on the rest.

[bronco37 16]

I disagree, I think he could be in danger since this woman has had and has reunited with her lover and this lover if the locks are not changed can hurt the husband. There isn't a court on earth that would deny that he can possibly be in danger. I would let the lawyer tell him what they can use as evidence. It's his house his computer and she entered the marriage fraudulently. So I for one am happy he changed the locks.

I do agree with you on the rest.

It's her house too. As long as she is married to this gentleman, she has access rights to all his properties. I understand how immoral and wrong this is. But, unfortunately, law does not allow one spouse to lock another spouse out. If his wife wants to come back in, she can and she will. She can even enter "his" house with the help of police as she has access rights to the house per family law. She can even get an interim restraining order against him and throw him out of his own house temporarily because he is not letting her in. In certain states, if the spouse refuses the deserter to let back in his/her life, the deserter spouse can claim destertion against the spouse refusing to be with the deserter. Check out Maryland for being a good exmaple of such a state.

It may sound misogynistic but, it is true when I say this.. it is extremely easy for a woman to get this law enforced against a man w/ great success but, it will be extremely hard for a man to get it enforced against his wife. In fact, if that wife runs to the court and seeks a PO as soon as police enforces the law in her husband's favor, she will be granted a PO almost immediately against that big burly vicious man who is just trying to enforce the law that allows him to live in his own house.

In fact, the law will also allow, under certain circumstances of proven domestic violence, that the house is awarded w/ title to the "abused" spouse.

Again, I understand how wrong it is ethically and emotionally but, law is law and it will be implemented as such.

Edited July 14, 2014 by bronco37

[Soloenta 2,218]

It's her house too. As long as she is married to this gentleman, she has access rights to all his properties. I understand how immoral and wrong this is. But, unfortunately, law does not allow one spouse to lock another spouse out. If his wife wants to come back in, she can and she will. She can even enter "his" house with the help of police as she has access rights to the house per family law. She can even get an interim restraining order against him and throw him out of his own house temporarily because he is not letting her in. In certain states, if the spouse refuses the deserter to let back in his/her life, the deserter spouse can claim destertion against the spouse refusing to be with the deserter. Check out Maryland for being a good exmaple of such a state.

It may sound misogynistic but, it is true when I say this.. it is extremely easy for a woman to get this law enforced against a man w/ great success but, it will be extremely hard for a man to get it enforced against his wife. In fact, if that wife runs to the court and seeks a PO as soon as police enforces the law in her husband's favor, she will be granted a PO almost immediately against that big burly vicious man who is just trying to enforce the law that allows him to live in his own house.

In fact, the law will also allow, under certain circumstances of proven domestic violence, that the house is awarded w/ title to the "abused" spouse.

Again, I understand how wrong it is ethically and emotionally but, law is law and it will be implemented as such.

How sad and pathetic the laws must change to reflect the equal rights we women are always yapping about. Just not fair and not only that she left and is hiding from her husband what more do they want. Ok ty for the info and I'm done ranting just can't believe this.

[chris198 3]

Should I also send the uscis field director a letter? I want to make sure everything is covered and this lying user ex wife does not get away with it. What is the NY field director mailing address? thank you.