AOS Pending...wanting Divorce.

[kimme79 42]

Hello all,

i am wondering what my next steps are here.   What are the best options for her?

 

I am am the USC and my wife wants to divorce and remain here in the US.   We filed the AOS, EAD, AP in April 2019. We have no children together and were married on March 30th of this year and i too want this divorce to go forward.  She has not moved out of the home because she doesn't have anywhere to go...i offered her a plane ticket some and some startup money but she refuses.  She is concerned about her legal status after she leaves and therefore doesn't want to return to her home country.  I do believe it is her intent to file for VAWA under emotional stress.  She claims that she got to this country she has not been able to work and that i keep preventing her from working. 

 

Edited June 9, 2019 by kimme79
Spelling and Clarity

[Roel 7,192]

1. She cannot remain in the US if you cancel AoS. She has no legal path to stay.

2. She can claim VAWA but she needs proofs.  You clearly didn't prevent her from working if she doesn't even have EAD yet...

 

Advice? Documents EVERYTHING she says/writes/texts. Do NOT be alone with her. Contact lawyer. Cancel AoS. Divorce. Move on.

[payxibka 10,045]

Her claims are baseless.   She won't be able to stay without your participation.  Period.

[JFH 12,190]

This doesn’t make sense. She must have known that she wouldn’t be able to work for many months. It’s no secret that the K-1 has this disadvantage.

 

It all sounds very suspicious they she is planning to file a VAWA case - but she is staying in the home. 

 

Why do you want to divorce? Do you not love her and want to be with her?

[HRQX 4,145]

7 minutes ago, kimme79 said:

She claims that she got to this country she has not been able to work and that i keep preventing her from working.

That is not going to fly. Without work authorization from DHS any work would be illegal.

9 minutes ago, kimme79 said:

She is concerned about her legal status after she leaves and therefore doesn't want to return to her home country.

It's best if she leaves ASAP. Divorce proceedings can begin/continue even if she is abroad. That is better than attempting a baseless VAWA.

7 minutes ago, Roel said:

Advice? Documents EVERYTHING she says/writes/texts. Do NOT be alone with her. Contact lawyer. Cancel AoS. Divorce. Move on.

^Agreed 100%

[kimme79 42]

3 minutes ago, JFH said:

It all sounds very suspicious they she is planning to file a VAWA case - but she is staying in the home. 

She doesn't have anyone to take care of her besides me...she refuses to leave because she doesn't know anyone here.  I live in NC and i cannot ask for a divorce until we are separated at least 1 year.  I have to see if 2 months of marriage is enough to warrant a divorce.  I am doing research here.

Why do you want to divorce? Do you not love her and want to be with her?

 

3 minutes ago, JFH said:

i do love her...but she tells me i am toxic and i don't want to be in a toxic relationship.  So apparently there are a fe issues with me that i cannot overcome.  So she wants to divorce me but doesn't want to return home to her country.

 

[HRQX 4,145]

@kimme79: to prevent AOS approval you send a letter to USCIS stating that you are withdrawing your I-864 affidavit. This can be done at anytime (i.e. right now) before AOS approval.

Edited June 9, 2019 by HRQX

[Jeanne Adil 1,651]

Best for her?

Looks like you need to think of yourself

if you own the home,  she needs to leave

you are not responsible for the fact she can not work

i would not file and support the AOS as then you really are responsibile

 

[kimme79 42]

12 minutes ago, Roel said:

1. She cannot remain in the US if you cancel AoS. She has no legal path to stay.

I have explained this issue to her...but she claims that this marriage was done in good faith and that the USCIS should view that and at least let her stay in the country.  So now she is finding ways to remain..

12 minutes ago, Roel said:

2. She can claim VAWA but she needs proofs.  You clearly didn't prevent her from working if she doesn't even have EAD yet...

I have explained to her numerous times that unless she has EAD, she cannot work.  But she wanted a job on the side to get some money in.

12 minutes ago, Roel said:

 

Advice? Documents EVERYTHING she says/writes/texts. Do NOT be alone with her. Contact lawyer. Cancel AoS. Divorce. Move on.

I have been documenting since last night.  More to follow.

[kimme79 42]

2 minutes ago, adil-rafa said:

Best for her?

Looks like you need to think of yourself

if you own the home,  she needs to leave

you are not responsible for the fact she can not work

i would not file and support the AOS as then you really are responsibile

 

Its a rental property and her name is not on the lease.  I will most likely have to do something unthinkable like call to have her removed and cancel the AOS.  The interview has not been scheduled and its a long time after the interview until she can get her GC.  Which i have explained to her and i will not support that.

Edited June 9, 2019 by kimme79

[Ben&Zian 4,398]

Agree with all the others. First and foremost protect yourself since she is 'threatening' VAWA, though like the others have stated this is a baseless claim since you did file for a work permit for her, it's out of your hands and not your fault.

Second,as hard as it is I'd write USCIS and pull the affidavit of support, file for divorce, and have her removed from the house otherwise things may just get harder and worse for you. 

Offer her the money home, document it, and move on, but don't get stuck being liable for the I-864.

[Jeanne Adil 1,651]

https://www.swlawnc.com/blog/can-i-evict-my-spouse-in-nc

 

read this as you are in NC

 

Often when a marriage is about to end there is a standoff about who stays in the house. One spouse asks another to move out and things get ugly fast. In North Carolina you can’t just throw your spouse out of the house because you want to be separated. This even applies if you owned the house before the marriage and only your name is on the Deed. You also cannot simply change the locks when they go to work one day. Besides a domestic violence protective order or criminal charges there is no quick remedy to legally force one spouse to move out from the martial residence.

 

that article can help you so read it all or see an attorney

[debbiedoo 2,339]

so you just got married and now you want a divorce?

 

1- sounds like all she wants is a greencard

2- you can not participate in the rest of AOS process and she will not GET a greencard. she can not adjust under anyone else. She will be out of status and required to leave. You should also send a letter to USCIS revoking your affidavit of support.

3-VAWA has to be PROVEN, it can not just be her making claims with no evidence. You saying she can not work ILLEGALLY (Since she has no EAD) is not abuse, it is following the LAW.

 

 

[Pinkrlion 2,724]

File for Divorce, Cancel I-864, move out into a new apartment. Pay the remainder of the lease so she can stay until the lease is up and then she is on her own. 

[SalishSea 17,847]

Was it a legit marriage to begin with?  The timeline to divorce seems so rapid.....