Cancel K1 Visa after Marriage.

[drchiro73 0]

I live in San Diego. I'm an American citizen.

My Mexican girlfriend got pregnant and I initiated a K1 visa.

She is now in the US under K1 Visa.

We are now married.

We have a 6 month old son.

She is not happy here, for many reasons of her own. Life in the US is not what she imagined.

I am not happy with her because she is verbally abusive.

I tell her we should separate.

She would not leave.

She is waiting to get her papers.

I tell her that I am not convinced that I will continue with the K1 process because

I find her very offensive and she is not happy with me. There's no reason to continue together.

I am concerned that she might escalate the verbal abuse to physical abuse, and given our society, I will take the blame and the punishment simply because I am a man.

I have never hit her.

She does not want to leave. For obvious reasons, residency.

My main question is our child's custody. I love my son. I am a doctor who is also studying to be a lawyer.

I believe that I can give our son a more stable home and a better future.

She does not have any professional or marketable job skill. She never finished school.

Her family doesn't have any money. They are dependent on me.

What should I do?

What government agency can help me regarding child custody?

Thank you.

[aleful 1,905]

hi

the k1 is done, she's here and you married her, now you have to file for the green card, the second part

you can consult with a divorce attorney. he/she will know about state laws and child custody

she cannot force you to file for the GC, but you can't force her to return to her country either

if she wants to stay illegally in the country, that's her choice

there is nothing to cancel, the k1 was already used and ended when she entered the country, but as I stated before, If you don't want to file for the green card you can do that.

Have you tried counseling?

Edited July 28, 2016 by aleful

[MeAlone 161]

Don't file her GC, file the divorce and get a lawyer para your child custody. Stop the financial support to her family and even her financial support after the divorce, 6 months marriage she is not getting any spouse support, your child gets the support, so you need to see your child custody. Sorry, it didn't work.

[Unlockable 7,314]

Sorry to hear about your situation.

Aleful has already mentioned that the K1 is complete. In order fro her to get a green card you have to file for Adjustment of Status (AOS). It cost $1070 and takes 6 - 9 months and you will have to sign an Affidavit of Support for her. From your post about her not finishing school nor having any working skills it sound like she is a high risk of becoming a public charge. A public charge is when someone is on government assistance, welfare, food stamps, medicaid, etc. If you sign the Affidavit of support the government can come after you for her being a public charge.

You have to be very tactful on your next move. Just like you she has a right to seek custody of the child even with her situation. She does not have to leave the country. You do not have to help her get a green card if you want a divorce. Best advice is to get a lawyer to discuss divorce, parental rights, and custody.

Also, be aware how VAWA works. There are cases where female immigrants turn to filing false claims of domestic violence so they can obtain a GC without the USC's help.

Arm yourself with knowledge. If the attacks happen remove yourself from the situation. Document any abuse even if it is verbal. Seek advise from a lawyer on your options TODAY.

Good luck.

[Greenbaum 12,259]

Video and sound recordings are very strong proof of what takes place during an altercation. Seek a voice recode in the store and a neat video recorder, simple to use and not ovious to use is Beam. Just some added protection.

[Penguin_ie 5,994]

***** Moving from K1 to Effects of Major Changes for more answers *****

[MeAlone 161]

Try to have a friend or a family member with you, don't be alone with her, don't let her to accuse you of domestic violence, better do the separation and file the divorce. It's true, you are not obligated to file and pay for her GC, even if you do trying to be good to her, it would work against you, affidavit of support will tie you for a long time and she will have more presence to fight the child custody. If she is not legal in US, no job and the child custody could be more easy for you

[Eric-Pris 1,606]

While taking custody of a baby from the mother and then sending her back to her country (by not filing for GC) with no way to see her child again is very cruel, the OP needs to think about himself first.

But you should sit down and talk to her about another way. A girl needs her mother, to grow into a well-adjusted young woman. Be careful about her trying to skip town with the baby once she figures out how bad her situation is.

Good luck.

Edited July 29, 2016 by Eric-Pris

[aaron2020 11,651]

The K-1 visa has been used, so there is nothing to cancel.

What you should do is file for divorce and move out.

You can not "evict" your spouse from her home. No judge would sign off on this. You have the option of self-help by moving out.

Family court and immigration court are different animals. Family court does not care about her immigration status or where she lives. She can be here illegally and family court will not care.

There is no government agency to help you. The government does not get involved in child custody unless their has been a crime invoking the child; i.e. Parental kidnapping.

Child custody is up to you and your lawyer. The decision will be based on the child's best interest which includes having two parents. Her immigration status is irrelevant.

At this point, if you don't file AOS for her, then you don't have an immigration. She does, so forget about this.

You have a divorce and child custody problem, and her immigration status is irrelevant.

Edited July 29, 2016 by aaron2020

[MeAlone 161]

While taking custody of a baby from the mother and then sending her back to her country (by not filing for GC) with no way to see her child again is very cruel, the OP needs to think about himself first.

But you should sit down and talk to her about another way. A girl needs her mother, to grow into a well-adjusted young woman. Be careful about her trying to skip town with the baby once she figures out how bad her situation is.

Good luck.

nobody will send her back but he has the right not filing for her GC and it's up to her how to get her legal status

[aaron2020 11,651]

nobody will send her back but he has the right not filing for her GC and it's up to her how to get her legal status

There are only two ways for a K-1 visa holder to get legal status;

1. K-1 petitioner is the petitioner for the AOS; or

2. VAWA.

Since 1 is out, there is only 2.

[MeAlone 161]

There are only two ways for a K-1 visa holder to get legal status;

1. K-1 petitioner is the petitioner for the AOS; or

2. VAWA.

Since 1 is out, there is only 2.

she also can get another fiance, travel back home and apply for another K1 visa, or marry another one, get out of US and apply for the spouse visa, or travel back to her country and apply for student or work visa. If he divorce her, he doesn't own her the legal status

[aaron2020 11,651]

she also can get another fiance, travel back home and apply for another K1 visa, or marry another one, get out of US and apply for the spouse visa, or travel back to her country and apply for student or work visa. If he divorce her, he doesn't own her the legal status

She would need to leave the US for another visa. That visa would have nothing to do with the K-1 visa that she entered with.

Since she is refusing to leave the US, her only choice for legal status is the petitioner when filing for AOS or the VAWA. If she leaves, it's another matter and has nothing to do with the OP.

[MeAlone 161]

She would need to leave the US for another visa. That visa would have nothing to do with the K-1 visa that she entered with.

Since she is refusing to leave the US, her only choice for legal status is the petitioner when filing for AOS or the VAWA. If she leaves, it's another matter and has nothing to do with the OP.

If he decided to divorce her, sorry, it's not his problem her legal status. And yes, he needs to be aware she could call the police on him about anything trying to get VAWA

[KierenHby 899]

My main question is our child's custody. I love my son. I am a doctor who is also studying to be a lawyer.

I believe that I can give our son a more stable home and a better future.

She does not have any professional or marketable job skill. She never finished school.

Her family doesn't have any money. They are dependent on me.

Sorry to sound rude buddy, but the red above struck me as odd. You claim to be a highly educated professional, but marrying someone who didn't finish school... hmm.

I understand love is blind.. but still.

With a dependent family, incl being unskilled, she of course is going to go "all in" for permanent residency.