Broke apart

[Transborderwife 4,666]

4 minutes ago, ecwai said:

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. 

Then it's simple, divorce and pull the i864

[pulloa 23]

Just now, ecwai said:

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. 

Then my guess is that you both need a lawyer! Honestly, I can't see how someone refusing to have unprotected sex would be an explanation to claim fraud. Now, I suppose it depends on which of the two of you decided you needed to get a divorce because of that. But if it was the petitioner's decision that would only be seen as pressure on the immigrant to do something they're uncomfortable with. This is just my 'common sense' based opinion, naturally.

[ecwai 13]

11 minutes ago, f f said:

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.

If I do this, will the police report be held against her if she were to apply for immigration to the US later?

Because so far the two actions below don't seem very incriminating:

1) I withdraw I-864, no questions asked, no interview, no need to disclose what happened.
2) No-fault divorce (It seems that all divorces in CA are no-fault), again, not in-criminating.

[databit 328]

I would show the text to the police and ask if it's blackmail.

 

[Transborderwife 4,666]

Just FYI, regardless of what you do she may still claim vawa.  Try not to worry about that.

[Michael2017 368]

From Which country is she?

[ecwai 13]

2 minutes ago, Michael2017 said:

From Which country is she?

I don't want to in-adventedly promote any stereotype, so I guess I shouldn't answer this.

[Michael2017 368]

3 minutes ago, ecwai said:

I don't want to in-adventedly promote any stereotype, so I guess I shouldn't answer this.

Well, you come to this forum and want help. We provide help, but you would not provide any information? Your profile is not filled out, you have not contributed to the community in any ways, but you want help. Great, don`t answer. Just take:) There is a logic difference if she comes, e.g. from Australia, Switzerland or Sweden or if she comes from Africa, MENA or Asia. The living standard in her country do play a role in this case.

Edited July 25, 2017 by Michael2017

[ecwai 13]

8 minutes ago, pulloa said:

Then my guess is that you both need a lawyer! Honestly, I can't see how someone refusing to have unprotected sex would be an explanation to claim fraud. Now, I suppose it depends on which of the two of you decided you needed to get a divorce because of that. But if it was the petitioner's decision that would only be seen as pressure on the immigrant to do something they're uncomfortable with. This is just my 'common sense' based opinion, naturally.

By fraud, I meant that the I-485 interview is supposed to be one where we prove to USCIS that we are not trying to trick them to give her a green card then divorce. But she already texted me that she wanted me to do just that. So she is asking me to commit immigration fraud. 

 

I found that in CA there is no "at-fault" divorce. But I had to split my acquired assets, the question would be could I sue her based on her disclosing her "true nature", that she wanted to get the green card then divorce me. So the marriage was a fraud of some sort.

[Unidentified 2,930]

1 hour ago, ecwai said:

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?

 

How did you react when she refused? Did you get angry and she fled or what happened? I feel that there's way more to this story and maybe she felt that you were forcing her to have sex. Maybe she didn't want to be on the pill (lots of women don't want to put hormones in their bodies) and many women today want to actually have a job and a career before they have kids. 

 

Not saying that maybe her intent was a green card. I am just saying it feels like there might be waaaay more to this story. 

[pulloa 23]

1 minute ago, ecwai said:

By fraud, I meant that the I-485 interview is supposed to be one where we prove to USCIS that we are not trying to trick them to give her a green card then divorce. But she already texted me that she wanted me to do just that. So she is asking me to commit immigration fraud. 

 

I found that in CA there is no "at-fault" divorce. But I had to split my acquired assets, the question would be could I sue her based on her disclosing her "true nature", that she wanted to get the green card then divorce me. So the marriage was a fraud of some sort.

Again, without fully understanding the reasons behind the divorce, I think you would both have strong cases and probably hiring a lawyer is the best course of action.

[Randyandyuni 2,682]

1 minute ago, Unidentified said:

How did you react when she refused? Did you get angry and she fled or what happened? I feel that there's way more to this story and maybe she felt that you were forcing her to have sex. Maybe she didn't want to be on the pill (lots of women don't want to put hormones in their bodies) and many women today want to actually have a job and a career before they have kids. 

 

Not saying that maybe her intent was a green card. I am just saying it feels like there might be waaaay more to this story. 

agreed, had unprotected sex been an issue in the past? Was this a change in her demeanor?

[ecwai 13]

6 minutes ago, Michael2017 said:

Well, you come to this forum and want help. We provide help, but you would not provide any information? Your profile is not filled out, you have not contributed to the community in any ways, but you want help. Great, don`t answer. Just take:) There is a logic difference if she comes, e.g. from Australia, Switzerland or Sweden or if she comes from Africa, MENA or Asia. The living standard in her country do play a role in this case.

I am sorry that I couldn't contribute much because of my lack of legal knowledge. The most I could do is to let you know what I found that I think is relevant.

 

I am not comfortable in disclosing the country. But before she came, she was not in poverty. She could quite easily find proper jobs to have have a standard living, the kind that she and her coworkers could dine out at lunch almost every workday.

[Unidentified 2,930]

1 minute ago, ecwai said:

I am sorry that I couldn't contribute much because of my lack of legal knowledge. The most I could do is to let you know what I found that I think is relevant.

 

I am not comfortable in disclosing the country. But before she came, she was not in poverty. She could quite easily find proper jobs to have have a standard living, the kind that she and her coworkers could dine out at lunch almost every workday.

China?

 

 

[pulloa 23]

1 minute ago, ecwai said:

I am sorry that I couldn't contribute much because of my lack of legal knowledge. The most I could do is to let you know what I found that I think is relevant.

 

I am not comfortable in disclosing the country. But before she came, she was not in poverty. She could quite easily find proper jobs to have have a standard living, the kind that she and her coworkers could dine out at lunch almost every workday.

I think you do well in not helping to stereotype, where the person comes from is practically and legally irrelevant. It surely only makes a "logic difference" to an already prejudiced person.