Cancel K1 Visa after Marriage.

[aaron2020 11,651]

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

Sorry, but you may have missed my earlier post where I said that he doesn't have an immigration problem.

She doesn't have to call the police on him to file under VAWA.

[MeAlone 161]

Sorry, but you may have missed my earlier post where I said that he doesn't have an immigration problem.

She doesn't have to call the police on him to file under VAWA.

she could, many immigrant do false accusations just for to stay in US

[aaron2020 11,651]

she could, many immigrant do false accusations just for to stay in US

Yes, but she does not need to call the police in order to file under the VAWA. There seems to be a language gap with you.

[JFH 12,190]

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.

I believe California (where the OP is located) is one of the few states that requires both parties to consent to the recording of a conversation or phone call.

[MeAlone 161]

Yes, but she does not need to call the police in order to file under the VAWA. There seems to be a language gap with you.

Sorry, I did hear bad stories and the record for the accused is not good

[aaron2020 11,651]

I believe California (where the OP is located) is one of the few states that requires both parties to consent to the recording of a conversation or phone call.

You are correct on this.

It's a crime in California to record any communication where there is a reasonable expectation of privacy without the consent of all parties.

A conversation that is recorded would not be admitted in any proceedings against her.

The OP would be committing a crime if he was to record a conversation of his wife without her consent.

[Greenbaum 12,259]

He could meet with her in public and make the recording as now she is in an open public space, "where the parties to the communication may reasonably expect that the communication may be overheard or recorded". He could make the statement with the intent to communicate to her that at times their conversations maybe recorded. Then he is granted the right to record because now she has knowledge. See the O'Laskey's test.

http://www.leagle.com/decision/2002691117CalRptr2d574_1640/FLANAGAN%20v.%20FLANAGAN

The OP has some good suggestions and now needs to ponder what he will do. The suggestion to always have someone with him whenever he had a conversation with her is the best idea till he disposes of this situation. You never know what a "scorned" women will do.

[aaron2020 11,651]

He could meet with her in public and make the recording as now she is in an open public space, "where the parties to the communication may reasonably expect that the communication may be overheard or recorded". He could make the statement with the intent to communicate to her that at times their conversations maybe recorded. Then he is granted the right to record because now she has knowledge. See the O'Laskey's test.

http://www.leagle.com/decision/2002691117CalRptr2d574_1640/FLANAGAN%20v.%20FLANAGAN

The OP has some good suggestions and now needs to ponder what he will do. The suggestion to always have someone with him whenever he had a conversation with her is the best idea till he disposes of this situation. You never know what a "scorned" women will do.

Generally, people do not discuss and fight about their pending divorce in public. Why on earth would she want to discuss her marriage in public when they are living together?

When you are living with someone, why would you take your fight out in public?

[Greenbaum 12,259]

Generally, people do not discuss and fight about their pending divorce in public. Why on earth would she want to discuss her marriage in public when they are living together?

When you are living with someone, why would you take your fight out in public?

Yes generally people would not do that. And yes people usually do not fly airplanes into buildings. Do couples not go out to have dinner in public? Can they not try and have a civil conversation?

I am not looking for a response. It's more important for the OP to get his answer then us splitting hairs on his dime.

[MeAlone 161]

Everything that OP needs to do it's to calm down, think well and decide if he still wants this marriage. If he decides the divorce, go to the lawyer and divorce, calm, polite and see if you can get the child's custody.

One thing is more easy about the divorce, it's he still didn't apply for her GC, no affidavit of support for years.

All conversions recording it's only in case of the war, don't go there, it's not good for anybody, specially the child

[denali1022 26]

If there is a physical altercation then yes you can have her removed from the residence. You can (and in some states I believe it may be mandatory) file for a protection order for both yourself and your son. Even without a physical altercation you can still be granted a temporary protection order but you will have to demonstrate a threat of physical harm or fear for your safety or the safety of your son. At that point she would only be allowed to return to the residence under police supervision to retrieve her belongings.

I lived through this nightmare once and you would be surprised how easy it is to get a temporary protection order approved. I think its much easier for the females but if you have proof of threats or better yet proof of physical abuse then it will most likely be granted. Your wife will not be present when you file and she will not know about it until she is served. You will have to return to court in a few weeks for a hearing to grant permanent status of the protection order. This is where you will need to be squeaky clean and armed with proof. Luckily for me I had overwhelming proof that the TPO was filed with malicious intent and it was immediately dismissed.

Im just giving you more information for your situation and not at all implying you should fabricate a story to remove your wife from your house. Good luck with this. Sounds like a nightmare.

[SunflowerSweet 1,321]

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.

I have multiple college degrees and my husband just finished the equivalent of high school in the UK.

It's not as odd as you may think.

[KierenHby 899]

I have multiple college degrees and my husband just finished the equivalent of high school in the UK.

It's not as odd as you may think.

It's just uncommon, and I simply noted so.

[Ontarkie 14,237]

~~As the OP has only posted to start this thread and has not been on since, all the advice that can be given has been said. This thread will now be closed to further discussion. If the OP comes back he is able to start a new thread.~~

Edited August 3, 2016 by Ontarkie