I want a divorce

[Monalisa22 84]

He will eventually be deported when caught with no papers. In the near future the government will be cracking down harder on illegal immigration.

[Monalisa22 84]

Deportation is extremely unlikely no matter what the outcome of withdrawing the AOS.

A k-1 visa applicant can come to the US, never get married, never adjust status, and remain in the US for the rest of his/her life.

That's not likely to happen. The person will eventually get deported.

[JoelyLeidy 3]

The problem is if he screams misuse or abuse then he has some legal protection....All he has to say simply you brought him here, wouldn't feed him provide for his well being, etc, and your on the hook.... likely and probable? no since he doesn't know you want a divorce.... possible? yes... if you want a divorce, research and protect yourself. i doubt there is a right or wrong, just a situation you need to consider....I don't know the issues, but you went through a lot of work to get him here... are thing worth fighting for?

[KVE 29]

Best thing is to speak to an immigration lawyer and divorce lawyer and get them to speak to each other. I know some people have removed conditions on their Green Card after a divorce. I don't know if he can or can't get a green card after a divorce while AoS is pending. However you should be concerned about getting the divorce and making sure you aren't liable for the Affidavit of Support. Call USCIS and find out.

What happens to him after you inform USCIS of your intentions and proceed with a divorce are up to USCIS and the US Government.

Also a divorce can take a while, and if he contests can be costly. So bear that in mind. Best of luck.

[Thomas&Cleofe 358]

That's not likely to happen. The person will eventually get deported.

IT IS LIKELY TO HAPPEN! It has been happening for four years now. ICE knows where she is, has her address, has her email address, and her phone number, but still she remains in the USA with her current government employee boyfriend.

[Monalisa22 84]

IT IS LIKELY TO HAPPEN! It has been happening for four years now. ICE knows where she is, has her address, has her email address, and her phone number, but still she remains in the USA with her current government employee boyfriend.

Yes that has been the case. But trust and believe new laws and coming to crackdown on illegal immigration. Americans are tired of people abusing the system.

[JoelyLeidy 3]

well, the best thing for you, if she doesn't get deported is her boyfriend marries her and HE files the adjustment of status.... stranger things, i am sure has happened!

[Thomas&Cleofe 358]

well, the best thing for you, if she doesn't get deported is her boyfriend marries her and HE files the adjustment of status.... stranger things, i am sure has happened!

That would be strange because the k-1 visa specifically states that the beneficiary is allowed to marry ONLY the petitioner and no one else.

[S_R 148]

Always to sides to any story. Marriage is hard work and it involves give n take. If you are ready to jump ship at the slightest storm then it was never meant for you.

Edited September 27, 2014 by S_R

[rlogan 2,036]

First of all, that is horrible.

coming from a fiances point of view you cannot turf us away and send us away like an unwanted puppy.

You can always count on this bad-faith attack when the LAW is that he has to go home. It has NOTHING to do with them being furniture or dogs: IT IS THE LAW.

You changed what she said, which is always the case with this bad faith attack. This is what she actually said:

I want to divorce him and make sure he goes back to his native country

There wasn't one word about dogs or furniture, or even REMOTELY like that. It is asking no more than the law be fulfilled.

So it is wise to point out that you have zero rights as an immigrant to think you can stay here contrary to the law and use this stupid guilt-tripping gibberish to stay. You have to leave. Not because you are a dog. Not because you are a chair. But because it is the law.

[Fan_Dancer 171]

Yes that has been the case. But trust and believe new laws and coming to crackdown on illegal immigration. Americans are tired of people abusing the system.

Wishful thinking, I am afraid.

[Ebunoluwa 6,136]

You can always count on this bad-faith attack when the LAW is that he has to go home. It has NOTHING to do with them being furniture or dogs: IT IS THE LAW.

You changed what she said, which is always the case with this bad faith attack. This is what she actually said:

There wasn't one word about dogs or furniture, or even REMOTELY like that. It is asking no more than the law be fulfilled.

So it is wise to point out that you have zero rights as an immigrant to think you can stay here contrary to the law and use this stupid guilt-tripping gibberish to stay. You have to leave. Not because you are a dog. Not because you are a chair. But because it is the law.

Except you left out a big part of what she actually said : I was thinking about calling immigration to come get him, but he is not illegal.

OP asked for advice. OP received advice. OP needs to do HER part and let immigration do THEIR part.

It is not as black and white as you stated, there are shades of grey. One being that the GC is in process and could potentially be mailed

without an interview at any time and that changes things.

OP's post did read as someone who has revenge on the mind, not trying to be a model citizen and therefore some comments reflect that she is

over reaching before she has her ducks in a row. Right now today he does not have to leave and is legal. THAT IS THE LAW.

Believe it or not but immigrants DO have some rights too. This is not a country where they come and haul your spouse off with one phone call

just like that because you don't want them anymore.

A better approach would have been to ask what can I do to not be responsible for the affidavit of support for my husband whom I am

divorcing.

[Eric-Pris 1,607]

That's not likely to happen. The person will eventually get deported.

Unless you commit a crime, or get yourself in trouble with the law, you can live in the US your whole life with very little effort, and without being deported.

[TBoneTX 45,498]

Two more posts have been removed. Stick to the topic, and post constructively or don't post.

[Dakine10 5,452]

That would be strange because the k-1 visa specifically states that the beneficiary is allowed to marry ONLY the petitioner and no one else.

Technically, it states the K1 beneficiary must marry the petitioner within 90 days, which has already happened. That is why the critical step now is withdrawing the i-864.

The beneficiary is still eligible to adjust status at this point even if divorce occurs, but he can not successfully do so if the i-864 is withdrawn.

Edited October 2, 2014 by Dakine10