I will not be filing AOS

[SolRebel 21]

After 1 month of marriage, I have decided not to file AOS due to some pretty big unreconcilable issues with finding things on his cellphone and accounts.  He is refusing to go back to his country and says I need to get him an apartment.  He was also looking up "is VAWA for men too?". What rights do I have ?

[Ontarkie 14,217]

~~MOved to Effects of Major Family Changes, from AOS from K1/K3 - as similar threads are discussed here.~~

[Mike E 11,739]

2 minutes ago, SolRebel said:

After 1 month of marriage, I have decided not to file AOS due to some pretty big unreconcilable issues with finding things on his cellphone and accounts.  He is refusing to go back to his country and says I need to get him an apartment

You do not need to do that, but depending on the laws of your state that might be the easiest way to get him to vacate your residence. A divorce attorney and a real estate attorney can advice you.

2 minutes ago, SolRebel said:

 

.  He was also looking up "is VAWA for men too?". What rights do I have ?

You the right to file for divorce. What he does with vawa is not your concern. If he reports to the police that you committed a crime of violence against him, you have the right to remain silent and the right to an attorney. Do not talk to the police, unless your attorney advises you to.

[K1visaHopeful 2,810]

Rights in what sense?

You don't have to get him an apartment however his immigration journey is his own and there isn't anything you can do to hinder it unless you have valid proof that your marriage and relationship was a scam from the start AND you knew it and played a role in the scam but likely that could get you into trouble as well. 

[Pinkrlion 2,715]

Immediately file for divorce. Have him legally evicted from your residence. You do not have to get him an apartment that is extortion. Do not worry about him filing VAWA. They know false claims when they see them. 

[beloved_dingo 1,976]

I would add that, especially until he is out of your living space, limit interactions with him as much as possible. If you are legally allowed to record your conversations in your state, I would suggest you do so as a measure to protect yourself when you do have to communicate. But I would try to keep things in writing (texts/emails) as much as you can. Obviously, this means you do need to be careful with what you say, not rise to any bait, etc. 

 

You can't just kick him out of your house, but you also can't be forced to pay for a new place for him (unless a judge orders it). 

 

I agree with others - forget about his immigration situation and file for divorce ASAP. 

[Jason and May 79]

16 hours ago, SolRebel said:

After 1 month of marriage, I have decided not to file AOS due to some pretty big unreconcilable issues with finding things on his cellphone and accounts.  He is refusing to go back to his country and says I need to get him an apartment.  He was also looking up "is VAWA for men too?". What rights do I have ?

You don't have to get him an apartment, but I do believe even if you file for divorce and that judgment is eventually issued, you do still have the issue of the Affidavit of Support you signed. Depending on your state, the judge presiding over the divorce proceedings may enforce that contract for the beneficiary through a finding of spousal support. If it is not addressed in divorce court, it may be addressed in federal court through breach of contract. 

 

You're in a potentially delicate situation if he's trying to take advantage of you and willing to make claims, such as that of violence. There are a number of very experienced folks here on VJ, but your best potential move is to find an experienced attorney, preferably an attorney experienced in divorce proceedings who has in their professional network an experienced immigration attorney. (Vett your attorneys' claims of experience.) 

 

Best of luck with this.

Edited September 19, 2023 by Jason and May

[powerpuff 6,681]

10 minutes ago, Jason and May said:

You don't have to get him an apartment, but I do believe even if you file for divorce and that judgment is eventually issued, you do still have the issue of the Affidavit of Support you signed.

AOS was not filed, hence no affidavit of support (I-864). I-134 that was signed for K1 interview is not legally binding so OP is covered and doesn’t have to worry about that. 

Edited September 19, 2023 by powerpuff

[JeanneAdil 6,489]

If you rent and his name is not on the lease OR u own and his name is not on the deed,  call 911 and ask police to come help him move out 

your I 134 is not the same as I 864

do not help him to AOS by signing a I 864  as  that binds u for 10 years 

He probably has Moroccn friends here that he will call for help

Get a divorce attorney 

let him do whatever he wants to AOS on his own but without a work permit and green card ,  he faces a lot of issues to stay

he needs u to adjust status  so if u sure ,  u don't want to continue in marriage,  don't help him in any way

 

keep a notebook with dates and info if he threatens or worse

 

[Mike E 11,739]

Generally police do not force  a man out of his home just because his spouse demands it.

 

It would perhaps pad his vawa case if she attempted this.

 

As an LPR who divorced his U.S. citizen wife, I was amused when she demanded I leave the house. That wasn’t going to happen and it did not happen until the divorce was final. 

[Jason and May 79]

35 minutes ago, powerpuff said:

AOS was not filed, hence no affidavit of support (I-864). I-134 that was signed for K1 interview is not legally binding so OP is covered and doesn’t have to worry about that. 

Oh, gosh! I guess that's the title of the post isn't it? I misunderstood; I'm such a dork sometimes. I thought OP was talking about adjustment of status. 😵

Edited September 19, 2023 by Jason and May

[powerpuff 6,681]

4 minutes ago, Jason and May said:

Oh, gosh! I guess that's the title of the post isn't it? I misunderstood; I'm such a dork sometimes. I thought OP was talking about adjustment of status. 😵

No, you’re right- they were talking about adjustment of status! AOS can stand for both AOS and affidavit of support but in this case not filing Adjustment of status also means that affidavit of support will not be filed and signed either so they’re not under any obligations.

[SalishSea 17,801]

4 hours ago, Jason and May said:

you do still have the issue of the Affidavit of Support you signed

OP says she has not filed for AOS.

[W199 333]

21 hours ago, SolRebel said:

After 1 month of marriage, I have decided not to file AOS due to some pretty big unreconcilable issues with finding things on his cellphone and accounts.  He is refusing to go back to his country and says I need to get him an apartment.  He was also looking up "is VAWA for men too?". What rights do I have ?

Whatever you do, stay calm, and don't let him trigger you in order for him to gather proof for a VAWA claim against you.  And you shoudl start documenting everything, with a time and date log, to give to USCIS proof he is just scamming you. call the police if he gets violent, that will help your case that he is the violent one trying to scam you. collect all the proof, and send it to uscis.  

 

Divorces take a long time, so you better get that on file asap. Its way better if you can agree, and do an uncontested divorce. 

Edited September 20, 2023 by W199

[Verrou 1,962]

I was thinking since the marriage is so new, perhaps you can ask family / divorced lawyer’s opinion about annulment vs divorce ? Just an idea 

 

correct me if I’m wrong because I’m very green with this, i thought if the marriage never occurred (annulment) ur husband can’t file for vawa ?

Edited September 20, 2023 by Verrou