Married K1, Don't want to file AOS, wife fighting to stay

[BluesDancer 147]

Married to Filipina back in September.

We are not compatible being married at all. We are very different. 

I did not file AOS because I want a divorce.

She is not living with me. 
She wants me to file the AOS while we are separated but that is fraud.
My wife refuses to leave and her visa is expired.

She wants to fight for her rights to stay in the USA.

She can't stay because I didn't file the AOS.

 

What can I do to protect myself?

She refuses to go back to the Philippines.

She said she was going to contact the government for help.

Is there an easy way to send back her to the Philippines?


 

 

[Ben&Zian 4,398]

4 minutes ago, BluesDancer said:

Married to Filipina back in September.

We are not compatible being married at all. We are very different. 

I did not file AOS because I want a divorce.

She is not living with me. 
She wants me to file the AOS while we are separated but that is fraud.
My wife refuses to leave and her visa is expired.

She wants to fight for her rights to stay in the USA.

She can't stay because I didn't file the AOS.

 

What can I do to protect myself?

She refuses to go back to the Philippines.

She said she was going to contact the government for help.

Is there an easy way to send back her to the Philippines?


 

 

 

File for divorce. Move on. You won't be impacted by it at all honestly. What she chooses to do is on her, not you. She knows she needs to leave because she is out of status, and if she doesn't, it's on her. She knows you're the only one who can help her adjust so. Divorce, and just keep away from her and protect yourself. Trying to "force" her to go home might backfire in some sort of abuse claim, so again just stay clear or her.

Edited February 7, 2019 by Ben&Zian

[Kingdomcome84 18]

^^^^^

exactly what the above poster said

[Crazy Cat 41,904]

I agree with @Ben&Zian.   I would stay away from her......Her best chance of remaining in the US is to find a reason to claim abuse....and that could get you into big trouble.

[EM_Vandaveer 2,408]

You cannot "send her back" as she isn't a package or your property. You CAN divorce her & completely cut ties with her, though.

[EM_Vandaveer 2,408]

~~ Moved from "Adjustment of Status (Green Card) from K1 and K3 Family Based Visas" to "Effects of Major Family Changes on Immigration Benefits" where similar topics are discussed ~~

[Cryssiekins 976]

Sorry it didn’t work out.

 

I will chime in that to cover yourself, you’ll want to maintain distance from her.  Document anything that happens & call the police if she shows up.  

 

Most importantly, file for a divorce.

[p-ana 933]

Change locks, file for divorce, do not talk to her or if you do, make it through a lawyer, do not be in her presence without witnesses, etc.

 

 

[Going through 5,671]

3 hours ago, BluesDancer said:

She said she was going to contact the government for help.

Is there an easy way to send back her to the Philippines?

Not sure what she thinks the government can do to help her remain in the US legally.

There's no way to "send her back"...unless you plan on forcibly dragging her onto a plane kicking and screaming.

 

Her only hail-mary (in her eyes) would be finding a way to claim VAWA.  Stay far, far away from this woman and do not EVER agree to be alone with her.

 

File for divorce and move on----her immigration journey (albeit a short journey) won't be your concern anymore.

[geowrian 22,337]

1) Divorce. Don't stay married to somebody you don't want to be married to.

2) Stay away from her, or at the very least have a witness.

Her only path to stay without your cooperation is via VAWA. I doubt she can make any valid abuse claim for something after being physically separated, but this becomes even more difficult for her once you file for divorce and via not presenting any opportunity for her to do so.

Edited February 7, 2019 by geowrian

[Ash.1101 1,756]

Please take all the above advice seriously.


Some people may think that everyone above this post is overreacting or being too dramatized as to what you should do, but they are being 100% honest and truthful.

File for Divorce ASAP, have someone else serve her the papers, do not make contact with her at all, no texts, talking, and if for some reason you do end up having to see each other make sure to have a friend or neutral party be with you. Do not be alone with her and one of her friends. Do not be alone with her at all.

Cut ties and move on.
 

[Lucky2Lucky 2,526]

Divorce, move on and don’t make the same mistake.

[Mrsjackson 300]

Stay away from her. All communication over text so you have record. Write to USCIS with your case number and tell them you are not adjusting her because the marriage is over. File for divorce. Whether she leaves or stays is not your problem. 

[nastra30 2,287]

Divorce and find your true love, and let your ex be. 

[Drackkor 0]

Pray that she doesn't get a immigration attorney. If she does she will claim VAWA and try and hold you accountable for the I-864. But I'm told if she does claim VAWA then she will have to file a I-864W which would take you off the hook.