AOS Pending...wanting Divorce.

[Cathi 5,757]

If she says she is going to claim VAWA that means you should never be alone with her, even for one moment! If she won't leave, pack a bag and go stay on someone's couch. I'm being dead serious. If she is looking for any way to stay in this country do not doubt that she will accuse of of physical abuse and call the police. We have seen it time and again here. Protect yourself FIRST! 

 

It is not your fault that she cannot work. Full stop.

 

Cancel AoS, divorce her and move on.

 

Good luck and keep us updated,

[Cheschirecat 176]

1 hour ago, kimme79 said:

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. 

 

Can the marriage be annulled in NC?

[JunkTardis 183]

4 hours ago, kimme79 said:

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. 

 

Document everything, record all conversations on your phone. Keep a camera close by in case she does anything un-toward. Cancel her AOS, get her as far away as possible. If you're able, try getting a restraining order if she pursues VAWA. The courts are already biased enough against men, so cover EVERYTHING. Don't be alone with her as often as you can. It's your place of abode, so she has to leave.

 

Best of luck to you 

[Cyberfx1024 7,980]

5 hours ago, kimme79 said:

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. 

 

She can not AOS without you and VAWA won't be a success significance on her part of you abusing her. But good luck boss man. 

 

 

I work on base but love in Cameron.

[kimme79 42]

Friends of mine offered here a place to stay.  She just left the residence took most of her stuff with her and ID cards and passport. I am shattered.

Edited June 10, 2019 by kimme79

[JFH 12,190]

10 minutes ago, kimme79 said:

Friends of mine offered here a place to stay.  She just left the residence took most of her stuff with her and ID cards and passport. I am shattered.

She left? Good. The longer she is under the same roof as you the more chances she has to claim a VAWA situation. She can’t claim you were abusive if she wasn’t there. Don’t let her back in the home unless you have a witness. 

[Ontarkie 14,234]

I'm very sorry. Sadly by the timeline it looks like this was her intentions all along. Sadly for her she screwed up and will not have a legal path to stay. This has happened many times if she hasn't figured it out yet you are her only path to stay. When she realizes it she may start begging you to take her back and work on things. Do not fall for this. The minute she gets the GC she will be gone, that is if she stays long enough and doesn't set you up for a false claim of domestic violence. 

[kimme79 42]

4 hours ago, Cheschirecat said:

Can the marriage be annulled in NC?

Rarely

[Hornswoggled 17]

Sorry for the situation. Would just like to emphasize getting that I-864 revoked, ASAP. If by some chance it were "accepted" by the government  (maybe by VAWA and/or her actually getting accepted and approved for AOS somehow), you are then obligated to repay anything she might incur as a public charge, REGARDLESS of whether the marriage ends in divorce or not. And that stands until she naturalizes (if she ever decided to) among other things. It's a heck of an open-ended document with risk in this circumstance.  

[kimme79 42]

Just now, Hornswoggled said:

Sorry for the situation. Would just like to emphasize getting that I-864 revoked, ASAP. If by some chance it were "accepted" by the government  (maybe by VAWA and/or her actually getting accepted and approved for AOS somehow), you are then obligated to repay anything she might incur as a public charge, REGARDLESS of whether the marriage ends in divorce or not. And that stands until she naturalizes (if she ever decided to) among other things. It's a heck of an open-ended document with risk in this circumstance.  

Give me the steps...

 

[TBoneTX 45,329]

Type a letter to USCIS, stating your names, her A#, and when you filed the I-485, and state that you are formally withdrawing your I-864.  Include a copy of the I-797 (NOA1), if USCIS has sent that acknowledgment to you.

 

Mail the letter certified/return receipt, and strive to get an InfoPass appointment in which you hand over a copy of that letter personally, to a USCIS officer.

[kimme79 42]

2 hours ago, TBoneTX said:

Type a letter to USCIS, stating your names, her A#, and when you filed the I-485, and state that you are formally withdrawing your I-864.  Include a copy of the I-797 (NOA1), if USCIS has sent that acknowledgment to you.

 

Mail the letter certified/return receipt, and strive to get an InfoPass appointment in which you hand over a copy of that letter personally, to a USCIS officer.

I have very detailed records.  That is the first thing i am going to work on in the morning.  

[TBoneTX 45,329]

That's the spirit.  I suspect that the confirmatory step of of handing the withdrawal letter to a USCIS officer in person (after mailing it) will cover you.

[mniceguy16 186]

10 hours ago, kimme79 said:

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. 

 

You may be trying to help her to stay in the country despite her wanting a divorce, it's your choice, your decision, but remember you will be accountable for her I-864 until she becomes a citizen which is for the next 5 years+. Also she thinking about VAWA means she will go any length to put you in trouble, I don't think you will be proud of having a dirty criminal background. If she wants a divorce let her get it and go back because she is here because she married you.

[Amadia 711]

She wants to divorce right after getting married in the US on a fiance visa....mere 3mths after the wedding took place? Doesn't that seem fishy to you?

In any event, sounds like she just wanted to place feet on US soil and used you to do so....this can be deemed as immigration fraud on her part.

 

Retract any docs you have sent forth (if it can be retracted) and let her handle things on her own (selfish, I know) but you spent time and money to have her now come and say that you are toxic? I don't know your personality but she should have seen the "toxicity" before committing to marriage.