K1 Fiance Visa My Wife disappeared and is unresponsive. Found out from sister that she is having an affair with her co worker and intended just to stay with me until she she saved some money and then move out in an apartment with him. Also charged $10K me

[Nazim and Debbie 14]

12 hours ago, TBoneTX said:

ICE might have its hands full, these days. A better bet is the FDNS Officer at your local USCIS office.   Present the information objectively, in full.  Frustratingly, you will never get an answer on what USCIS decides about it.

how do i go about doing this?

[TBoneTX 45,266]

5 hours ago, Nazim and Debbie said:

how do i go about doing this?

(Others here can correct anything inaccurate.)  Get an InfoPass appointment at a USCIS office that you can reasonably visit.  Once there, ask for the FDNS officer.  Calmly explain that you have possible evidence of marriage fraud, hand over the objective stack of papers that you will have compiled, ask politely that this information be reviewed for whatever action is appropriate, thank the officer sincerely and acknowledge that you know you won't hear anything back, and leave.  You will have done all that you can.

[Nazim and Debbie 14]

My wife disappeared and turned out she ran off with an affair partner.

 

The text  attached was forwarded to me by her sister and husband after she disappeared. I also received pictures. I don't know if this infidelity matters for anything.

In process of divorce but slow rolling as we cannot find her and she is unresponsive. We know where she works but the divorce server was kicked out by security.

As I understand it she doesn't need me to proceed with converting from conditional green card.

From reading that I did it looks like that the Affidavit of support requires me to actually cut her a check if she isn't earning above a certain threshold. Is this accurate? Is there anything that I can do about this?

 

[OldUser 6,633]

59 minutes ago, Nazim and Debbie said:

I don't know if this infidelity matters for anything.

I'm sure it hurts, and I'm sure it matters to you a lot. To immigration - not so much. Marriages fall apart sometimes, unfortunately. And cheating / infidelity is pretty common, sadly.

 

Unless you have clear evidence she never loved you and only used you to get an immigration status - there's not much you can do. Even in this case, if you have evidence of her marrying for GC, the logical question would be: why did you stay married knowing it was the case? Did you involve in immigration fraud? This is a possible thread of thought in somebody's head at USCIS if you were to accuse her of this.

 

Now, to affidavit of support. Yes, you signed those papers and you're still liable. From what I understand, if she has an income of $24,650 or more a year, you don't have to write any checks. I'd think you need to be in contact with her to write any check if required. How else would you be fulfilling the obligation? Unless she comes to you asking for it, I won't sweat too much.

 

~ Not a legal advice ~

 

 

 

Edited February 9 by OldUser

[Nazim and Debbie 14]

14 minutes ago, OldUser said:

I'm sure it hurts, and I'm sure it matters to you a lot. To immigration - not so much. Marriages fall apart sometimes, unfortunately. And cheating / infidelity is pretty common, sadly.

 

Unless you have clear evidence she never loved you and only used you to get an immigration status - there's not much you can do. Even in this case, if you have evidence of her marrying for GC, the logical question would be: why did you stay married knowing it was the case? Did you involve in immigration fraud? This is a possible thread of thought in somebody's head at USCIS if you were to accuse her of this.

 

Now, to affidavit of support. Yes, you signed those papers and you're still liable. From what I understand, if she has an income of $24,650 or more a year, you don't have to write any checks. I'd think you need to be in contact with her to write any check if required. How else would you be fulfilling the obligation? Unless she comes to you asking for it, I won't sweat too much.

 

~ Not a legal advice ~

 

 

 

Thank you for the response.

In the text messages I posted she seems to say she's looking for money/support.

Right before she disappeared spent $10K on eye surgery for her too... worst off is I had health insurance that covers the treatements but she didn't care to look for a clinic that accepted insurance for obvious reasons in hind sight.

[OldUser 6,633]

1 minute ago, Nazim and Debbie said:

Thank you for the response.

In the text messages I posted she seems to say she's looking for money/support.

Right before she disappeared spent $10K on eye surgery for her too... worst off is I had health insurance that covers the treatements but she didn't care to look for a clinic that accepted insurance for obvious reasons in hind sight.

Regarding alimony - that's probably a question for family lawyer.

[African Zealot 1,455]

This is horrible! Some people walk this world masquerading as human beings but in reality just demons from the pit of hell clothed in human garb.

Blow $10k on eye surgery not covered by insurance when cheaper options available with insurance. A monster!

 

My sympathies, you will survive and thrive.

[Nazim and Debbie 14]

21 minutes ago, African Zealot said:

This is horrible! Some people walk this world masquerading as human beings but in reality just demons from the pit of hell clothed in human garb.

Blow $10k on eye surgery not covered by insurance when cheaper options available with insurance. A monster!

 

My sympathies, you will survive and thrive.

She also constantly talks about faith and god which convinced me she was safe. But she's somehow using it now to justify the running out on the affair.

I'm concerned that She can stop working at any moment and get me on the hook supporting her and her affair partner. 

Edited February 10 by Nazim and Debbie

[PaulaCJohnny 713]

You posted in November last year bout the same and had received a lot of good responses. 

 

 

[Nazim and Debbie 14]

3 minutes ago, PaulaCJohnny said:

You posted in November last year bout the same and had received a lot of good responses. 

 

 

Nope. The subject is different.

 

Here I am explicitly asking about the affidavit of support. Which no one brought up, and am just now realizing that I can be on the hook for monthly checks supporting her.

Edited February 10 by Nazim and Debbie

[Ontarkie 14,218]

The only time you have to pay her is if she takes you to court and wins. Do not pay anything unless you get told to by a judge. Get a good lawyer who knows that the AOS is between you and the government not between you and her. 

 

Keep all chats, messages and save them on your phone with screenshots. They can be deleted on the other end so get saving them now. 

 

Get all the videos of that abuse to your lawyer. Also send everything nicely put no emotion in a letter to USCIS about that abuse along with restraining orders you should have filed before. 

 

 

Edited February 10 by Ontarkie

[top_secret 2,417]

AOS is supposed to mean that if she takes public assistance from the government then theoretically the government could come after you for to pay for the public assistance she took.  It doesn't say anything about you writing her a monthly check.  Alimony, divorce etc is a whole different issue but not directly tied to AOS.  I wouldn't pay a dime unless a court orders you to.

[J.M. 230]

The I-864 is not a blank check.  Yes, it is enforceable.  However, your obligation is not to provide 125% of poverty income, it is to provide the difference between their income and 125% poverty level.  You state that your wife works.  That means she has already demonstrated her ability to find gainful employment, and possibly a good measure of her earning capacity.  Most cases of I-864 enforcement consider the earning ability of the sponsored person, meaning if they are lounging around when they are qualified and capable of working, the judge may award them nothing.  If a working person decided to quit their job in the hopes of getting income through the I-864 during divorce, I think they will be disappointed when they find out that they need to go back to work. 

 

The length of the marriage and age of the parties is also considered.  For such a short marriage alimony seems unlikely to me, unless her standard of living has gone down drastically, but even then, the short marriage will probably trump that.  

 

As others have already said, nothing about the I-864 is automatic.  It must be specifically presented in a divorce case for it to apply.  It's definitely not something you want to discuss with her.

[bakphx1 789]

If she’s just now removing conditions and you’re not divorced-well, she’s in a bad position if you don’t cooperate.  She has to be divorced to do it on her own.   Do what you want with that info.

 

You are just theoretically responsible for her having a place to be to not require government assistance.  If she ran off with a broke dude, she made the choice 

[bakphx1 789]

I thought you were in removing conditions, but I think she can try to adjust status on her own.   Also uphill since she is getting a marriage based green card and is not in a bona fide marriage