K1 Problems

[TonyTT 1]

I am the petitioner for a female beneficiary who has lived in the United States for over a year without filing for adjustment of status.  We were married within the 90 day period.  I told her that I would not support her because I did not think that we were compatible, so I did not want to forward with anything.  Within the one year I have asked her to leave numerous times. Currently I do not know where she is, only that she is with a girl that she met, but she’s still in the United States someplace.  I have informed immigration of the situation, but I do not know what to do in terms of getting a divorce.  She has at numerous times offered to have a child with me and then she will leave the United States which I think is immigration fraud. I almost took her up on the deal just to get rid of her and move my life forward. Can someone please tell me what to do in this situation. 

 

She called me once and asked that i sign her AOS papers - I refused

She called me once and said that I did not cause her body hard, but emotionally harm because I said she was not a good wife 

 

 

 

[USAMorocco 143]

All you can do is file for a divorce.  She cannot adjust her status without you and she will be here illegally. Don't have a kid with her because then she isn't going to leave but sue you for child support and you'll be stuck with her. Believe me...been there and done that with immigration....it's very hard to have someone deported even with all the proof in the world. She has no legal path here without you.  Just divorce and move on.  

[Boiler 45,584]

She may be trying to set you up for a VAWA claim, as far as divorce is concerned that is a State issue, you do not need to know where she is to divorce her.

[Eric-Pris 1,606]

Divorce ASAP, and cut off all contact with her.  Don't sign any paperwork.

[Transborderwife 4,666]

On 4/1/2017 at 6:29 PM, USAMorocco said:

All you can do is file for a divorce.  She cannot adjust her status without you and she will be here illegally. Don't have a kid with her because then she isn't going to leave but sue you for child support and you'll be stuck with her. Believe me...been there and done that with immigration....it's very hard to have someone deported even with all the proof in the world. She has no legal path here without you.  Just divorce and move on.  

Not completely true: http://asianjournal.com/immigration/k-1-fiancee-adjusting-status-after-a-separation-or-divorce/

[geowrian 22,337]

20 minutes ago, Transborderwife said:

Not completely true: http://asianjournal.com/immigration/k-1-fiancee-adjusting-status-after-a-separation-or-divorce/

Good point. But it does at least require the sponsor's financial support (or 10 years of qualifying work in the US).

[Transborderwife 4,666]

Just now, geowrian said:

Good point. But it does at least require the sponsor's financial support (or 10 years of qualifying work in the US).

Indeed 

[TonyTT 1]

On 4/1/2017 at 5:28 PM, Boiler said:

She may be trying to set you up for a VAWA claim, as far as divorce is concerned that is a State issue, you do not need to know where she is to divorce her.

I have been going though all the divorce paperwork in Los Angeles and i do not see anything that says you can divorce with out the spouse.

 

Does anyone know where i can get more information. I am very good at understanding legal documents if i can find the documents, but at this point i am going to have to pay an attorney. 

[Transborderwife 4,666]

1 minute ago, TonyTT said:

I have been going though all the divorce paperwork in Los Angeles and i do not see anything that says you can divorce with out the spouse.

 

Does anyone know where i can get more information. I am very good at understanding legal documents if i can find the documents, but at this point i am going to have to pay an attorney. 

California is no fault.  Basically you serve her, if she doesn't respond in 30 days properly the divorce proceeds: http://www.kenreyeslaw.com/blog/2010/july/can-i-obtain-a-divorce-if-my-spouse-refuse-to-si/

[TonyTT 1]

1 minute ago, Transborderwife said:

California is no fault.  Basically you serve her, if she doesn't respond in 30 days properly the divorce proceeds: http://www.kenreyeslaw.com/blog/2010/july/can-i-obtain-a-divorce-if-my-spouse-refuse-to-si/

Yes, but i do not know where she is.

[Transborderwife 4,666]

1 minute ago, TonyTT said:

Yes, but i do not know where she is.

There are ways around that as well: http://info.legalzoom.com/file-divorce-missing-spouse-california-26147.html

[TonyTT 1]

1 minute ago, Transborderwife said:

There are ways around that as well: http://info.legalzoom.com/file-divorce-missing-spouse-california-26147.html

That's is what I was looking for. Thanks

[zuluweta 250]

On 4/1/2017 at 3:03 PM, TonyTT said:

 

I am the petitioner for a female beneficiary who has lived in the United States for over a year without filing for adjustment of status.  We were married within the 90 day period.  I told her that I would not support her because I did not think that we were compatible, so I did not want to forward with anything.  Within the one year I have asked her to leave numerous times. Currently I do not know where she is, only that she is with a girl that she met, but she’s still in the United States someplace.  I have informed immigration of the situation, but I do not know what to do in terms of getting a divorce.  She has at numerous times offered to have a child with me and then she will leave the United States which I think is immigration fraud. I almost took her up on the deal just to get rid of her and move my life forward. Can someone please tell me what to do in this situation. 

 

She called me once and asked that i sign her AOS papers - I refused

She called me once and said that I did not cause her body hard, but emotionally harm because I said she was not a good wife 

 

 

 

The child would have been her anchor. She might have planned to use the US citizen child later on to petition her back to the country. Good thing you didn't sign any AOS papers. Divorce and move on.

[Eric-Pris 1,606]

On ‎4‎/‎7‎/‎2017 at 0:04 PM, Transborderwife said:

Not completely true: http://asianjournal.com/immigration/k-1-fiancee-adjusting-status-after-a-separation-or-divorce/

Effectively, it is true, because in 99% of the cases the USC that divorced the person applying for the green card is not dumb enough to sign the affidavit of support for them.

[Transborderwife 4,666]

2 minutes ago, Eric-Pris said:

Effectively, it is true, because in 99% of the cases the USC that divorced the person applying for the green card is not dumb enough to sign the affidavit of support for them.

I don't think that being "dumb enough" has anything to do with it.  I think that in situations where there are children involved this is an excellent solution