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

[RO_AH 1,659]

 

There's never been love or intimacy in this relationship since the day she arrived in this country.

If that is the case I would think you could get an annulment which would be even better for you since it is legally saying you were never married. I am not as lawyer and do not know the law in your state but I would think that would put an end to her immigration.

 

Other than that I agree with everyone else. get out now. She will never leave until she has found another and at that time she will try to take you for anything she can. The only way you can protect yourself is remover yourself from the situation.

[desilove77 45]

I'm sorry ur going through this...but be smart..pull the I-864 and get a divorce lawyer A.S.A.P!!!

[geowrian 22,337]

 

If that is the case I would think you could get an annulment which would be even better for you since it is legally saying you were never married. I am not as lawyer and do not know the law in your state but I would think that would put an end to her immigration.

USCIS won't care about an annulment versus divorce. They just look at things in terms of married versus not married. Getting an annulment would be a personal decision here, but won't be treated differently than a divorce.

 

For the record, I thought the same at one point too. haha

[elisar 17]

After the EAD  she will like to stay until she get her green card, then what will you do?  if i'm you, i save myself time , i just file for divorce first , then contact USCIS and let them know you are not living with her anymore, then for sure she will leave the house to her friends house

[Mary Lou 681]

You need to stop allowing her to call all the shots, she wants this, she wants that, you will wait till she gets her EAD, ect. Pull I-864, unless you don't mind being manipulated and then on the hook for her. You can't worry about what she "might" do. Do what you need to do to protect yourself, like others said, move out for the time being, no contact, pull the I-864 and file for divorce.

Not sure why you would want to help her at all from what you have told us about your marriage. 

[Ontarkie 14,193]

After she gets the EAD then she saves up money to move. She won't because she will then say she needs the GC then she figures out she has no proof for Removal of conditions in 2 years so she threatens you again and again to keep quiet till she gets her 10 yr card. 

[Transborderwife 4,666]

 

If that is the case I would think you could get an annulment which would be even better for you since it is legally saying you were never married. I am not as lawyer and do not know the law in your state but I would think that would put an end to her immigration.

 

Other than that I agree with everyone else. get out now. She will never leave until she has found another and at that time she will try to take you for anything she can. The only way you can protect yourself is remover yourself from the situation.

Annulments do not necessarily end the path

[RO_AH 1,659]

 

USCIS won't care about an annulment versus divorce. They just look at things in terms of married versus not married. Getting an annulment would be a personal decision here, but won't be treated differently than a divorce.

 

For the record, I thought the same at one point too. haha

I wasn't sure how it would be handled from a migration standpoint, thanks for clearing it up. But I do feel that from what the OP has said annulment would be a viable option and that might work out better for him financially than a divorce. Just my thought but definitely consult a lawyer to be sure.

[Redheadguy03 505]

What do you mean she was like that since she arrived? How did she act? Did you not notice how she acted until later? 

[AnaTally 1]

As far as I've understood it you should act as fast as possible with withdrawing any petition. Because I-864 is not invalidated with divorce. 

Edited May 6, 2017 by AnaTally

[Hopeful diva 99]

 

Yes, she came on a K-1 visa. I have a couple more questions. Since we recieved an RFE for her AOS, that means that they are working on it now right? I've read of some people getting approved without an interview but if she hasn't had her physical yet, she can't be approved until she does that right?

 

I'm asking this because it seems like my only option is to wait until her EAD come and she decides to move out on her own. Then once she is gone, I can withdraw the petition. Is that plausible? Also, if she recieved the EAD and then the i485 is cancelled, would that affect her ability to work and travel?

When you receive an RFE, the application is put on hold until the RFE is received. Failure to submit RFE within time frame given will result in a denial. 

 

Once the the affidavit of support is withdrawn and i485 is denied. The EAD and travel document becomes invalid as well. So no, she will not be able to use them after the denial.

 

Mind you that she can still claim vawa, all she has to do is say that she was mentally, emotionally and psychologically abused. Go to therapy with a qualified pshychologist and have a case written up for her. Another way of showing abuse would be if she went and stayed in a shelter claiming abuse. However to file vawa she would have to prove bonafide marriage, so that is where she may have a hard time. I would advice you to keep documents away from her that would aid in her ability to easily file this claim. Also stay away from her as much as possible to avoid scenarios that may prompt a claim of abuse.

 

the only way to legally get her out of the house is to file a restraining order against her. But of course there is no cause to file that since there is no violence or threat to your life. 

 

From what you have written, this is clearly a case of fraud, you need to schedule an infopass to meet with an immigration officer and discuss your concerns with them, so that they can withdraw your i864 and deny the application. I would advice you to do this fast or write them fast because if she files for VAWA first then, it becomes her word against yours and most times, your own side of the story will no longer matter that much after vawa has been filed. Good luck! 

Edited May 6, 2017 by Hopeful diva

[Hopeful diva 99]

 

Yes, you can have her legally evicted if she has been living in your home for more than 3 months.  She will be served and will have to leave.  It is not her home if her name is not added to the deed.   She will not be aware of the notice to evict until served.  Cancel I-864 now, and do not reply to RFE.  Do not wait until she is gone to do these things.  They will not process her EAD without the I-864 anyway.  

 

What does the RFE state?

With a pending RFE, she will not get an EAD because the entire application has been put on hold pending when the RFE requested will be received. If they had replied and submitted the RFE, then they will resume processing and she will receive her EAD... But this is not the case. So either way he is good, all he needs to do now is withdraw his i864 

[zilchfox 296]

Do these things:

 

- First things first, withdraw your I-864 immediately, this will stall the case, and should take you no more than 15-20 minutes to write a letter, head to the post office and send it off. You can call USCIS and give them the heads up that you're sending your withdrawal, so they can at least note it on record before it arrives.

- Secondly, divorce her.

- Third, court order remove her from the house.

 

Not sure what order the last two should be in, but definitely withdrawing your I-864 should be priority number one.

[zilchfox 296]

 

With a pending RFE, she will not get an EAD because the entire application has been put on hold pending when the RFE requested will be received. If they had replied and submitted the RFE, then they will resume processing and she will receive her EAD... But this is not the case. So either way he is good, all he needs to do now is withdraw his i864 

EADs can still be processed, however the EAD is cancelled the moment the I-485 gets cancelled/denied, regardless of what the validity the card says, as E-verify will state it's invalid when companies try to hire her.

[Hopeful diva 99]

 

EADs can still be processed, however the EAD is cancelled the moment the I-485 gets cancelled/denied, regardless of what the validity the card says, as E-verify will state it's invalid when companies try to hire her.

Well I've been through the process before and my EAD, i485 and anything regarding or related to my AOS was put on hold while I had a pending RFE. It also says it on the RFE notice of action that application will be put on hold. As soon as I turned in the RFE and it was processed, my EAD was immediately approved. This is always or usually the case in the beginning part of processing AOS.