Broke apart

[ecwai 13]

My marriage of 9 months fell apart when my then K-1 wife left home after refusing to have unprotected sex with me before the coming first AOS interview.

After she left, she texted me that I have only two options: 1) help her get the green card in the interview, then file a divorce and let her live separately. 2)  Sue me based on emotional abuse and domestic violence to get my assets and property.

 

Is it better for me to not show up for the first interview (so that she will probably fail AOS), or to go to the interview but personally withdraw the I-864 to fail her AOS?

Is there legal consequence for me for doing so?

 

Based on her text message, may I file for at-fault divorce on the grounds of marriage fraud?

If I proceed like this, how could the case end when her AOS fails and has no ground to stay in the US?

Will I be unable to get the divorce? Forever still married?

 

[Transborderwife 4,666]

I see no obvious fraud.  Divorce, withdraw the I-864 and don't listen to empty threats.  Many k1s don't get an interview so I'd do this quickly.

[NigeriaorBust 4,087]

   For a marriage of only 8 months she would be lucky to get anything of your assets or property in most states.  She has obviously been coached.  I would avoid being alone with her in any place.  Change the locks , divorce and run pull the affidavit of support. 

[cd37 229]

Seems like she was just looking for a reason to leave you. most probably she knows that k1 dont always get interview.

[cd37 229]

6 minutes ago, Transborderwife said:

I see no obvious fraud.  Divorce, withdraw the I-864 and don't listen to empty threats.  Many k1s don't get an interview so I'd do this quickly.

I do smell visa fraud.

[Transborderwife 4,666]

Just now, cd37 said:

I do smell visa fraud.

It's difficult to prove, some come over, marry and find the adjustment difficult.  It's not always fraud automatically 

[cd37 229]

1 minute ago, Transborderwife said:

It's difficult to prove, some come over, marry and find the adjustment difficult.  It's not always fraud automatically 

Agree but it will be difficult for her to prove that if they get an interview.

[Transborderwife 4,666]

Just now, cd37 said:

Agree but it will be difficult for her to prove that if they get an interview.

If they get an interview she cannot adjust without him anyways unless he agrees to support her.  

[ecwai 13]

Thank you for the replies,

 

Do you mean that if I file no-fault divorce, there is still a good chance that I don't need to split half of my assets during the marriage? While we were married, Only I was working. She never got any paycheck that I know of. But I filed tax jointly last year and got a credit. We have no property we bought in both our names (no cars, houses, etc). 

 

I believe no-fault divorce does not need to be served (I am in California). If I also don't need to split my assets, this will be the easiest and fastest way.

[Transborderwife 4,666]

4 minutes ago, ecwai said:

Thank you for the replies,

 

Do you mean that if I file no-fault divorce, there is still a good chance that I don't need to split half of my assets during the marriage? While we were married, Only I was working. She never got any paycheck that I know of. But I filed tax jointly last year and got a credit. We have no property we bought in both our names (no cars, houses, etc). 

 

I believe no-fault divorce does not need to be served (I am in California). If I also don't need to split my assets, this will be the easiest and fastest way.

With the short term of the marriage it's unlikely you'll have to split everything, but I'd consult a lawyer.  Even if you did, it's better to split it and withdraw the I-864 than possibly be on the hook that way

[pulloa 23]

If I may just ask a 'technical' question: who refused (immigrant or petitioner) to have unprotected sex and why should that determine whether you divorce or stay married?

[cd37 229]

4 minutes ago, ecwai said:

Thank you for the replies,

 

Do you mean that if I file no-fault divorce, there is still a good chance that I don't need to split half of my assets during the marriage? While we were married, Only I was working. She never got any paycheck that I know of. But I filed tax jointly last year and got a credit. We have no property we bought in both our names (no cars, houses, etc). 

 

I believe no-fault divorce does not need to be served (I am in California). If I also don't need to split my assets, this will be the easiest and fastest way.

i dont think you can get away with spliting what you own in half. Once you are married, you are married, doesnt matter how long. when you divorce everything splits into half your debt, property, 401k or anything else. 

[Transborderwife 4,666]

2 minutes ago, cd37 said:

i dont think you can get away with spliting what you own in half. Once you are married, you are married, doesnt matter how long. when you divorce everything splits into half your debt, property, 401k or anything else. 

Only if it was acquired DURING the marriage, not before or after 

[f f 725]

go to the police show them the messege and make a report about her blackmailing you. also send it to uscis and as other have said withdrawal the i864 and never be alone with her or else she can try and claim a vawa.

[ecwai 13]

8 minutes ago, pulloa said:

If I may just ask a 'technical' question: who refused (immigrant or petitioner) to have unprotected sex and why should that determine whether you divorce or stay married?

The immigrant refused.

It is because I suspect that she is a fraud. If I help her go through I-485 interview, I-864 comes into effect and I have to support her even if she leaves me later. According to her text message, she will leave me regardless whether I help her get green card. She wants some kind of divorce anyway.