Contemplating divorce

[JeffAtl 16]

I'm contemplating divorce but can't afford to support 2 separate households.  Can my wife get a Temporary Protected Status and work if we have already applied for AOS and are still waiting 8 months later? I wanted to wait until she could work, but on the other hand an annulment may be in order.  Surely she wouldn't be forced to go back to Ukraine, so it should work in both of our favor.  I can't believe the mess I'm in.

[Boiler 45,482]

I would think TPS would be doable, it will take some time to get EAD however.

 

Annulment is often mentioned on VJ but is extremely rare, bit something to discuss with your Divorce Lawyer.

[Ontarkie 14,220]

You 're not going to want to hear this. Pull your AOS now or you will be on the hock to support two households. File for annulment if you qualify or divorce. Waiting only puts you at risk. I'm sorry so much is going on with Ukraine but you cannot let that keep you from using your head. You did not go into why you are heading down that path but think long and hard before you are stuck with a mess you cannot undo. 

 

K1's are a special type of visa and only allow AOS through the petitioner. I do not know if she would be able to get any special TPS coming in on a K1. Help her get a free or pay to talk to a lawyer to check on that. Maybe she can go to Mexico and return to get PTS. Again check with a lawyer. 

 

Do not get stuck because you feel bad. You already said you cannot afford two households. You need to think with your head not your heart. 

[Dashinka 24,492]

So I am confused, is the hold up the fact that your now foreign spouse does not have an EAD and this is leading to your contemplation of divorce?  If you are at 8 months, the EAD may be right around the corner.  

[Boiler 45,482]

Going to Mexico may be beneficial to the OP,  she could have major issues coming back.

 

I can not see how TPS and K1 conflict.

 

 

[Ontarkie 14,220]

7 minutes ago, Boiler said:

Going to Mexico may be beneficial to the OP,  she could have major issues coming back.

 

I can not see how TPS and K1 conflict.

 

 

Yes that is why I said ask a lawyer. 

[JeffAtl 16]

21 hours ago, Dashinka said:

So I am confused, is the hold up the fact that your now foreign spouse does not have an EAD and this is leading to your contemplation of divorce?  If you are at 8 months, the EAD may be right around the corner.  

No, that is not the reason.  Financial pressure on me aside, this is a bad fit.  I thought we shared similar values, but we don't.  There isn't even a foundation.  Even when I try to have a calm conversation with her, I get attacked.  In some ways she's like my mother.  Her way or the highway.  Well, she doesn't know it yet, but I'm taking the highway.  I invested so much in this through pre-marital counseling, couples workshop, paying for her school, and therapy.  I'm done.  This is the end of me being taken advantage of.

[Boiler 45,482]

2 minutes ago, JeffAtl said:

No, that is not the reason.  Financial pressure on me aside, this is a bad fit.  I thought we shared similar values, but we don't.  There isn't even a foundation.  Even when I try to have a calm conversation with her, I get attacked.  In some ways she's like my mother.  Her way or the highway.  Well, she doesn't know it yet, but I'm taking the highway.  I invested so much in this through pre-marital counseling, couples workshop, paying for her school, and therapy.  I'm done.  This is the end of me being taken advantage of.

Numerous red flags, and you need to focus now on protecting yourself and not making matters worse, and for that you need the help of a Divorce Lawyer.

[JeffAtl 16]

18 minutes ago, Boiler said:

Numerous red flags, and you need to focus now on protecting yourself and not making matters worse, and for that you need the help of a Divorce Lawyer.

I have a divorce lawyer and an immigration attorney guiding me.  Process is getting started this week.

[Boiler 45,482]

1 minute ago, JeffAtl said:

I have a divorce lawyer and an immigration attorney guiding me.  Process is getting started this week.

You need to pull your I 864 but otherwise that is about it from an Immigration perspective

[JeffAtl 16]

1 hour ago, Boiler said:

You need to pull your I 864 but otherwise that is about it from an Immigration perspective

Attorney said I-485.  But the question is what happens to her once I do this.  I would think TPS status could be granted, but I don't know.  Hopefully the judge doesn't make me fully support her.   But I can't imagine a judge will view this favorably since she's from Ukraine.   But the marriage has only been 8 months.  If annulment was possible, I'd do that, but seems impossible.  I  clearly didn't know who I was marrying, and vice versa.  We bring out the worst in each other and it has to end.  I'm very disappointed and trying to stay strong through this and protect myself.  But also, I care for her and want her to be ok.  It's a disaster, and the "nice guy" in me just wants the best for her and her son.  No more animosity or resentment now that I've made my decision.

Edited April 26, 2022 by JeffAtl

[nastra30 2,284]

5 minutes ago, JeffAtl said:

Attorney said I-485.

I-485 is hers so you shouldn't be pulling that without her knowledge. However, you can pull the I-864 effectively killing the I-485.

[Boiler 45,482]

13 minutes ago, JeffAtl said:

Attorney said I-485.  But the question is what happens to her once I do this.  I would think TPS status could be granted, but I don't know.  Hopefully the judge doesn't make me fully support her.   But I can't imagine a judge will view this favorably since she's from Ukraine.   But the marriage has only been 8 months.  If annulment was possible, I'd do that, but seems impossible.  I  clearly didn't know who I was marrying, and vice versa.  We bring out the worst in each other and it has to end.  I'm very disappointed and trying to stay strong through this and protect myself.  But also, I care for her and want her to be ok.  It's a disaster, and the "nice guy" in me just wants the best for her and her son.  No more animosity or resentment now that I've made my decision.

At the moment you have signed up for the I 134 which is not enforceable.

 

I doubt that a very short marriage will entail much financial responsibility but that is a Divorce issue.

 

I was going to say TPS was bad for you, but maybe not, does allow her to work.

[JeffAtl 16]

On 4/26/2022 at 11:52 AM, Boiler said:

At the moment you have signed up for the I 134 which is not enforceable.

 

I doubt that a very short marriage will entail much financial responsibility but that is a Divorce issue.

 

I was going to say TPS was bad for you, but maybe not, does allow her to work.

The issue is the TPS could take a long time (per my immigration attorney), though he didn't define how long.  So what does she do in the meantime? I can't afford 2 households, so we will live uncomfortably together when the divorce happens and I will cancel her credit cards (in my name).  I should have done that already, but she isn't a spendthrift.  Besides, if she went crazy with them, I could use that in court to prove my point for annulment I guess.  Will know more when I meet with another attorney today.  I'm beyond disappointed.  What a costly lesson, emotionally and financially.

[Boiler 45,482]

If this situation was not yours but a friend, what would you tell them?

 

I have a feeling you have very little knowledge of annulment.

Edited April 28, 2022 by Boiler