Can I legally make my wife leave my house? Also, is it too late to cancel pending I-864?

[geowrian 22,337]

 

Thanks for the advice guys. We've just had another argument and she's made it 100% clear that she isn't going anywhere until she gets her EAD. I could file divorce or pull the I-864 now but there is a chance that she might find out about either of these things before the EAD arrives. At that point, her only option will be Vawa. With that being said, is the most logical path for me to protect myself and release my responsibility is for me to just put up with her until the EAD comes. Then once she gets that and leaves, I'll file for divorce and cancel the 864. Does anyone see anything that can go wrong with that plan?

What guarantees she won't try to pull a VAWA claim after getting the EAD (especially once it becomes invalid)? Or threaten to do so unless you complete AOS? Personally, it seems like she is stringing you along. And I'm not usually a cynic. haha

 

Edit: And in the mean time while waiting for the EAD, she could be gathering or trying to induce evidence for a VAWA claim. Or to try to bolster her position for the divorce.

Edited May 5, 2017 by geowrian

[Georgia16 2,858]

 

Thanks for the advice guys. We've just had another argument and she's made it 100% clear that she isn't going anywhere until she gets her EAD. She also expects me to finish the green card process too. I could file divorce or pull the I-864 now but there is a chance that she might find out about either of these things before the EAD arrives. At that point, her only option will be Vawa. With that being said, is the most logical path for me to protect myself and release my responsibility is for me to just put up with her until the EAD comes. Then once she gets that and leaves, I'll file for divorce and cancel the 864. Does anyone see anything that can go wrong with that plan?

Yes she can get approved the GC before the EAD comes (Not very likely but it has been seen in here recent).

 

You will be on the hook for her.

 

The only way for her ever to adjust in the US is with you or vawa. Even if she got married to someone else she would not be able to adjust status with him.

[caliguy45 0]

 

What guarantees she won't try to pull a VAWA claim after getting the EAD (especially once it becomes invalid)? Or threaten to do so unless you complete AOS? Personally, it seems like she is stringing you along. And I'm not usually a cynic. haha

 

Edit: And in the mean time while waiting for the EAD, she could be gathering or trying to induce evidence for a VAWA claim. Or to try to bolster her position for the divorce.

Once she gets the EAD, she says she will leave. So that means I won't see her anymore so even if she tries Vawa, she won't have any police report or witnesses saying I did something to her. At least I'd be much less vulnerable and hopefully, she would give up and move back to her home country 

[belinda63 3,038]

How many other things has she told you that weren't true?. She gets the EAD, then she has to find a job, then she has to save money, then her green card comes, then she leaves and you are on the hook for at least 10 years. If she receives food stamps, medical aid, or other public assistance you might have to repay the government. 

Her filing for VAWA has nothing to do with you or your criminal record unless she makes a criminal complaint. But her getting her green card will obligate you to the US government.

File for divorce now, ask at the initial hearing that she be made to leave the house and explain why, that you are afraid she will make false claims, destroy your property, etc. Sounds like she is really good at stringing you along and she will continue to do that until she has the green card.

[Unlockable 7,314]

 

Thanks for the advice guys. We've just had another argument and she's made it 100% clear that she isn't going anywhere until she gets her EAD. She also expects me to finish the green card process too. I could file divorce or pull the I-864 now but there is a chance that she might find out about either of these things before the EAD arrives. At that point, her only option will be Vawa. With that being said, is the most logical path for me to protect myself and release my responsibility is for me to just put up with her until the EAD comes. Then once she gets that and leaves, I'll file for divorce and cancel the 864. Does anyone see anything that can go wrong with that plan?

YES there can be a problem. Her AOS could get approved BEFORE the EAD. Then you are officially on the hook for her.

 

It has happened before. Some people get the Green Card before EAD/AP. In fact, look at my timeline. My wife got her green card exactly one week after the EAD/AP card. Just one week. That would be very little time in your situation.

 

To be honest you are about to be played again. File for divorce now and cancel the affidavit TONIGHT. Your wife is using that fact that you are frustrated to manipulate you. First she will just need the EAD, then later the EAD will not be enough so she needs you to wait for the GC.

 

TAKE ACTION NOW OR GET WALKED OVER MORE.

[geowrian 22,337]

 

Once she gets the EAD, she says she will leave. So that means I won't see her anymore so even if she tries Vawa, she won't have any police report or witnesses saying I did something to her. At least I'd be much less vulnerable and hopefully, she would give up and move back to her home country 

The part in red is not binding. She could change her mind the moment she gets the EAD. Maybe she'll ask for time to find a good apartment or house. It'll could just be one excuse after another. Giving her more time does not make you less vulnerable to any accusations.

 

It's also possible that the green card will be approved before she gets an EAD.

 

Immigration should never have any role in a marriage. Take immigration out of the equation for a moment....what would you be doing if there was no green card involved? That's usually the best way to go, then addressing the immigration consequences of that decision would be next.

[ASMS 86]

 

Once she gets the EAD, she says she will leave. So that means I won't see her anymore so even if she tries Vawa, she won't have any police report or witnesses saying I did something to her. At least I'd be much less vulnerable and hopefully, she would give up and move back to her home country 

Sorry that your marriage ended in this way.

She won't leave after getting the EAD, she will continue the extortion, and more that you stay there, more that you follow her game, more trapped you could get.

Leave the house, and file the divorce. Stop having contact with her after that, don't stay to prove if she is really capable to falsify evidence against you.

 

[Unlockable 7,314]

 

Once she gets the EAD, she says she will leave. So that means I won't see her anymore so even if she tries Vawa, she won't have any police report or witnesses saying I did something to her. At least I'd be much less vulnerable and hopefully, she would give up and move back to her home country 

Dude, this is not the first time we have heard this story. There is a whole section on this forum of stories like yours.

 

Look at what you are typing. You can NOT take her word for anything. Saying things like "hopefully she will do this or do that" is the reason you are in this mess.

 

Curious... is she from the Philippines?

[David & Diana R 1,005]

 

Thanks for the advice guys. We've just had another argument and she's made it 100% clear that she isn't going anywhere until she gets her EAD. She also expects me to finish the green card process too. I could file divorce or pull the I-864 now but there is a chance that she might find out about either of these things before the EAD arrives. At that point, her only option will be Vawa. With that being said, is the most logical path for me to protect myself and release my responsibility is for me to just put up with her until the EAD comes. Then once she gets that and leaves, I'll file for divorce and cancel the 864. Does anyone see anything that can go wrong with that plan?

NO.  You need to remove yourself from that house.  Have no contact with her unless it is in a public place and you have a neutral party present to witness the conversation.  Not sure about your state but I would record every conversation I had with her. (Depends on state)  You need to move out immediately and tell her after you have left that she can contact your lawyer if she has any questions.  Retain a lawyer and get the heck out of there!

[yatsek 32]

If it's legal in your state - start recording conversations with her.

[KiTu 38]

I haven't read all the comments so excuse me if I repeat something already said.

 

Surely if you believe you are a victim of visa fraud then you can contact the police and/or immigration and have them investigate? Of course consult a lawyer first..

Secondly, if you divorce, her K1 visa and any other paperwork you have done thus far is no longer valid. The paperwork has been done based on YOUR marriage. If you then divorce it is all invalid.

 

Thirdly - any accusation of abuse will be fully investigated, especially if you have just pulled the plug on the AOS/EAD. Questions will be asked and what proof does she have?

 

If you are going to cancel anything, do it now, when you are first suspicious. Don't get yourself into any situation where you could be accused of assisting her if she is partaking in visa fraud...

[geowrian 22,337]

 

Surely if you believe you are a victim of visa fraud then you can contact the police and/or immigration and have them investigate? Of course consult a lawyer first..

Immigration fraud would be a civil matter, and not one that the police are likely able to do anything about. It can be reported to ICE, but there needs to be documented evidence that she married for the purpose of gaining residency. With an AOS case pending, I doubt it would do much since USCIS is already adjudicating the merits to make a determination if the marriage was bona fide. So technically it can be reported, but it won't have any impact...pulling the I-864 is simpler and much more effective. It will stop AOS as it cannot proceed without his I-864.

 

 

Secondly, if you divorce, her K1 visa and any other paperwork you have done thus far is no longer valid. The paperwork has been done based on YOUR marriage. If you then divorce it is all invalid.

Technically, divorcing during AOS is permitted. She only needs to have been eligible at the time of filing (not to mention she could drag out a divorce for year(s)). She needs to show that she entered into the marriage in good faith, not that it was maintained for the entire period of AOS.

 

However, from a practical standpoint getting divorced before AOS completes basically means that's the end of the line. He still needs to provide an I-864 for her to get approved even if she got divorced. It's rare, but it's possible somebody would do this if they trusted their partner...potentially in the event that they have a child that they want to grow up in the US.

 

 

Thirdly - any accusation of abuse will be fully investigated, especially if you have just pulled the plug on the AOS/EAD. Questions will be asked and what proof does she have?

For a VAWA claim, I don't believe they will reach out to the accused. The term "prohibited source" comes to mind, but I'll admit that I'm not familiar enough with VAWA to know if that's legitimate or just a myth. Either way, the burden of proof is on the accuser. Now, obviously if she tries to go to the police to obtain documentation of abuse, the police have an duty to reach out the the accused.

Edited May 6, 2017 by geowrian

[controlla 104]

At this point, you shouldn't be communicating or living with your soon to be ex-wife. Pack up and leave your house temporarily. Stay with a  friend or family and let them know exactly what's going with your marriage. Also, like most people wrote on here, document everything, pull I-864/file for divorce/inform USCIS...etc.  Relatively straightforward fix to an unfortunate situation. Don't wait. 

[mallafri76 1,012]

What state are you living in? If you're in a community property state and didn't make a prenup, she's got every right to that house as you do. Once you start going through the divorce, depending on how long you've been married, the judge may only give her a small portion, if any. 

 

[NikLR 13,227]

 

Why are you waiting for her EAD????  Just pull the I-864 and leave the house.  Live elsewhere until she either leaves or your divorce is finalized.  Don't have contact with her unless you have numerous witnesses, preferably a lawyer.  That means don't answer texts or phone calls.  If you do inform you will be recording the call and then do so.  I don't get why you're making it easier for someone to stay in the country when you have no intentions of staying with them.  I don't care who's fault it is.  Unless you're actually abusing the woman, in which case you deserve the vawa charge, you can pull your portion right now and protect yourself.