How to End relationship

[Luisa_eris 1]

Hello everyone! This is a very uncomfortable topic but I have exhausted all resources and asked many people and I still do not have a definite answer. So I am the US Citizen, my husband is the beneficiary. (Cuban). We married in November 2018 and filed AOS right away. At this point, our marriage is a living nightmare. I’ve asked him plenty of times to move out but he refuses to because he doesn’t have anyone in PA and wants to go forward with immigration process. I do not. I’ve asked lawyers that have told me I would have to wait a year of being married before I file for divorce since it will be considered contested. This is fine; but what do I do in the mean time? How do I get him to leave? Should I contact USCIS and let them know of the situation? He just received his employment authorization card. If you’re familiar with PA laws please advise. 

[C90 376]

9 minutes ago, Luisa_eris said:

Hello everyone! This is a very uncomfortable topic but I have exhausted all resources and asked many people and I still do not have a definite answer. So I am the US Citizen, my husband is the beneficiary. (Cuban). We married in November 2018 and filed AOS right away. At this point, our marriage is a living nightmare. I’ve asked him plenty of times to move out but he refuses to because he doesn’t have anyone in PA and wants to go forward with immigration process. I do not. I’ve asked lawyers that have told me I would have to wait a year of being married before I file for divorce since it will be considered contested. This is fine; but what do I do in the mean time? How do I get him to leave? Should I contact USCIS and let them know of the situation? He just received his employment authorization card. If you’re familiar with PA laws please advise. 

In PA, if one spouse doesn't agree with the divorce, you can only file for divorce after 2 years of separation. So since he doesn't want the divorce, you have to wait for a while. If he changes his mind, you can divorce after 6 months (no fault divorce) (https://info.legalzoom.com/divorce-pa-after-two-years-spouse-not-agree-settlement-21209.html)

 

You can write USCIS that you want to withdraw the I-864 before you even get the divorce. Without that, he'll get denied his green card and he has to leave the country.  So that's your best way to go in this case. Make sure you do this before his green card is issued, otherwise you're bound to the I-864

 

 

Edited April 3, 2019 by C90

[Crazy Cat 41,904]

7 minutes ago, Luisa_eris said:

Hello everyone! This is a very uncomfortable topic but I have exhausted all resources and asked many people and I still do not have a definite answer. So I am the US Citizen, my husband is the beneficiary. (Cuban). We married in November 2018 and filed AOS right away. At this point, our marriage is a living nightmare. I’ve asked him plenty of times to move out but he refuses to because he doesn’t have anyone in PA and wants to go forward with immigration process. I do not. I’ve asked lawyers that have told me I would have to wait a year of being married before I file for divorce since it will be considered contested. This is fine; but what do I do in the mean time? How do I get him to leave? Should I contact USCIS and let them know of the situation? He just received his employment authorization card. If you’re familiar with PA laws please advise. 

It is very difficult to kick someone out of their own home.  You will need a court order......You, yourself, will have to leave.

[Luisa_eris 1]

It’s my home though. I purchased it 2 years before marrying him. He’s not in the title/ deed of the home. 

[Crazy Cat 41,904]

1 minute ago, Luisa_eris said:

It’s my home though. I purchased it 2 years before marrying him. He’s not in the title/ deed of the home. 

I see.....you will need a court order of some kind to kick him out.....but it won't be easy.......it's where he resides.

[payxibka 10,045]

1 minute ago, missileman said:

I see.....you will need a court order of some kind to kick him out.....but it won't be easy.......it's where he resides.

Depends on state law.  In some states you may be able to have his unauthorized presence considered trespass 

[Georgia16 2,858]

Write a letter to USCIS with case number and everything saying you do not wish to proceed with the AOS. 

Send it and you can also make an infopass appointment so you are sure they get it and look at it before he get his GC. 

Be careful he does not acuse you of DV because then he can file to stay with a abuse waiver instead. 

[Roel 7,192]

Contact USCIS! Pull the plug on AOS! Unless you want that person to get a green card and then you're on the hook to be financially responsible for him until he's US citizen. You signed avidafit of support. 

[Boiler 45,564]

Something you need to discuss with your Divorce Lawyer.

[Ben&Zian 4,398]

Pull the I-864 from the AOS if you don't want to get stuck bearing the financial liabilities.

 

Also, like others have said, depending on the state he may have to have an order of removal. Once married in some states, what's yours becomes theirs. 

 

Hence why always extremely important to be sure who you are marrying before hand. And of course he wants to continue the immigration process lol.

[Crazy Cat 41,904]

50 minutes ago, payxibka said:

Depends on state law.  In some states you may be able to have his unauthorized presence considered trespass 

In what states can you kick someone out of their lawful home using trespass?

Edited April 3, 2019 by missileman

[kris&me 572]

Pa does require a divorce to wait a year but that year starts after a order is made for separation (like in NY state)

have him served with that order by authorities with police presense and they will help him move out (if his name is not on the deed )

I had a cousin near Philly who went thru this process to evict his wife as she also was not on the deed and their marriage went bad after only a few months (but he was stuck married for the next whole year)

after that do as the above VJ'ers have said and let him worry about his AOS and immigration

Most of all if things are really really bad,  do what you need to do to protect yourself

2 minutes ago, missileman said:

In what states can you kick someone out of their lawful home?

New York is one 

[Crazy Cat 41,904]

2 minutes ago, kris&me said:

New York is one 

Not without a GOOD reason...like DV.

From an attorney regarding New York: " If there are no allegations of abuse or other extreme discord where the two of you cannot live together for the time being, it is unlikely that she would be successful obtaining an order requiring you to leave the home."

[payxibka 10,045]

6 minutes ago, missileman said:

In what states can you kick someone out of their lawful home using trespass?

I had a non contractual roommate that I gave 4 hrs notice to.  She called the police a d they told her if she wasn't gone in 4 hrs they would arrest her for trespassing 

[Crazy Cat 41,904]

Just now, payxibka said:

I had a non contractual roommate that I gave 4 hrs notice to.  She called the police a d they told her if she wasn't gone in 4 hrs they would arrest her for trespassing 

apples and oranges.....