How to get free of all of this

[Justice Served 1]

This k1 situation is a mess. She is 28 years old, from Brazil and we are now living in the USA and have a kid together. She clearly just wants her papers. It seems like what I hear is the only thing to do is to get a divorce and move on; however; if this is "common" there has to be a stronger recourse.... (she has now gotten an STD (from someone else) which I would think is grounds for annulment even though we've been married for more than 6 months).

any suggestions other than "divorce and move on"????

[Merrytooth 5,748]

You can try to report her to the fraud unit, unlikely anything will happen to her.

http://www.visajourney.com/forums/topic/439326-reporting-fraud-to-uscis/

Does she has her 2 years conditional green card yet?

[teeak 224]

If her AOS is still pending, you have the option of pulling the I-864. That way, she won't have any other recourse to obtain a legal status.

[Justice Served 1]

No, we got married within 90 days, but did not apply for the adjustment of status.

she got me on a Domestic Violence charges which was complete bs and the case was dismissed....however, it seems that will be her recourse to get her papers without me.....that along with us having a kid together...it seems like she got me good....but I know 1 of you out there has an idea.....

[RodDetroit 118]

this is a really bad situation, was the kid born in the US? . she may use the kid to stay in the US and get child support from you. did you sign the birth certificate?

[KayDeeCee 4,893]

~ Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits ~

[andy78 178]

Since she got an STD from someone else, are you sure she didn't also get the kid from someone else? You probably need to verify that the kid is yours.

Also, since you are looking for advice other than "divorce and move on", may be if you mentioned what your goal is at this point, someone can provide advice related to the goal you are trying to reach?

[Justice Served 1]

My kid (son) is mine, I had a test done to confirm. My son was born out of the country but got US citizenship at birth and has a US birth certificate. I didn't sign any birth certificate but my name is on both (US and foreign).

My goals:

-have full custody of my child

- have an annulment

- have the wife sent back to her country (long shot; I know)

- worst case scenario, she stays in US, she is granted custody, I end up paying child support - although the bs DV charge was dismissed; it surely doesn't help

I'm pretty sure she got the STD a few months after we got married

[Merrytooth 5,748]

It is really divorce and move on..

OP's case is not unique at all.

Plenty of examples here in VJ.

See this case here:

http://www.visajourney.com/forums/topic/599717-discovered-fraud-2-weeks-into-k1-marriage-annulment-vawa-split/

Since no AOS is filed, OP is not on the hook (I-864) for the wife.

Wife is on K1 visa, she can't adjust status other than through OP.

She could go the VAWA route, or remain illegal in US.

OP needs to consult an attorney for divorce/annulment and custody of his child.

[Ortolan 381]

You won't be able to get an annulment. You can't get an annulment just because she cheated on you. You have a child.

[Justice Served 1]

ground for annulment: undissolved previous marriage, one spouse was underage at the time of marriage, one spouse is physically incapable of having sexual relations, consent to marriage by force, consent to marriage by fraud, or incapability of consent to marriage.

You say I have a child...the STD was obtained after the child was born....it might be a stretch, but do you not think it falls under "physically incapable of having sexual relations"

the other route is through marriage fraud - which would be tough

[RodDetroit 118]

My kid (son) is mine, I had a test done to confirm. My son was born out of the country but got US citizenship at birth and has a US birth certificate. I didn't sign any birth certificate but my name is on both (US and foreign).

My goals:

-have full custody of my child

- have an annulment

- have the wife sent back to her country (long shot; I know)

- worst case scenario, she stays in US, she is granted custody, I end up paying child support - although the bs DV charge was dismissed; it surely doesn't help

I'm pretty sure she got the STD a few months after we got married

This is going to be an ugly battle and you should focus on getting custody of the child, she may try to use the kid to get what she wants, legally speaking, it's not your call to worry about her legal status in the US, make sure she is not leaving the state with your kid , if she does so you can get her arrested , you will need to get a lawyer and prove you should get %100 custody.

[Justice Served 1]

Do any of you feel enough US citizens exist who are victims of K-1 fraud who can make an amendment to the laws even if it is small change? Or doing something to add some type of safe-guard?

[jeessgb 57]

Do any of you feel enough US citizens exist who are victims of K-1 fraud who can make an amendment to the laws even if it is small change? Or doing something to add some type of safe-guard?

Well the safe-guard would be to really get to know the person. You're the one who's bringing an immigrant to the country after all so the responsability falls on you.

[subwayguy 100]

how could you get the kid a US birth certificate if he wasn't indeed born in the States.