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]

18 minutes ago, top_secret said:

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.

That's what I thought, but I read some sources showing courts enforcing monthly payment support checks due to the Affidavit of Support that over rides pre-nups too.

[J.M. 227]

34 minutes ago, Nazim and Debbie said:

That's what I thought, but I read some sources showing courts enforcing monthly payment support checks due to the Affidavit of Support that over rides pre-nups too.

It has always been enforceable for support, but the latest revision spells it out quite clearly on the form itself:

 

Page 6:  Provide the intending immigrant any support
necessary to maintain him or her at an income that is
at least 125 percent of the Federal Poverty Guidelines
for his or her household size

[Boiler 45,267]

You need serious legal help, you are setting yourself up to be hosed.

 

Not sure when you married but a year ish before she headed out.

 

I assume she got her GC without interview relatively recently.

 

Alimony with such a short marriage seems very unlikely, well unless you set yourself up for failure.

 

You said she is working and obviously can work and in CA the minimum wage is well over the I 864.

 

As far as your financials in any divorce settlement well I find it hard to believe it will be of consequence and it of course goes both ways, hence the need to Lawyer up.

 

Take it seriously or expect to suffer.

 

[powerpuff 6,592]

Related threads merged. Please post in this thread for any further questions or updates regarding this topic to keep the discussion in one place.

 

VJ Moderation 

Edited February 10 by powerpuff

[TBoneTX 44,997]

Get the meanest, nastiest, most feared divorce attorney you can find.

[Boiler 45,267]

OK you had excellent advice and we are now 3 months later, what have you done?

[Sam Burns 152]

On 11/2/2023 at 9:58 PM, igoyougoduke said:

First step:

1) File for divorce

2)Cancel all credit cards

3) Cut all contact.

4) Find a new girl friend 

5) Document all contacts and all messages/ pictures/videos . They are your evidence.

6) if she already has green card, there is not much you can do. it is what it is and move on. They are lots of single women waiting for you on the other side

 

Number 3 is most important.

 

No 4 is the least important - sheesh give the guy a break

Edited February 10 by Sam Burns

[Nazim and Debbie 14]

1 hour ago, Boiler said:

OK you had excellent advice and we are now 3 months later, what have you done?

I don't know why the threads were merged.

The focus of the second thread was specifically about Affidavit of Support

 

Regarding what I've done so far, not much. Divorce was filed but she been a ghost and haven't been able to serve it.

Edited February 10 by Nazim and Debbie

[Boiler 45,267]

Most places allow you to serve by Publication, has your Lawyer mentioned this.

 

Obviously all these issues need to be discussed with your Lawyer.

[Nazim and Debbie 14]

14 minutes ago, Boiler said:

Most places allow you to serve by Publication, has your Lawyer mentioned this.

 

Obviously all these issues need to be discussed with your Lawyer.

 

I brought up publication to my attorney. We're going to pursue it after attempting to serve it at her boyfreind's house which I found online. He lives with his grand parents.

 

Edited February 10 by Nazim and Debbie

[carmel34 3,609]

You have received very good advice in the merged threads.  She has a 2-year green card, and can remove conditions on her own with a divorce waiver.  The I-864 is a contract between you, the primary financial sponsor, and the US government.  If she gets means-tested government benefits (which are very narrowly defined), the US government could theoretically ask you to reimburse them, but this rarely happens.  Don't worry about it.  Focus on the divorce.  She could try to use the I-864 in the divorce trial as leverage (do NOT settle with her), but your attorney will counter that with evidence of her infidelity and hidden, malicious intent to use you for a green card.  The divorce judge will decide what, if any, financial arrangement to impose on you in divorce court.  An experienced, aggressive divorce attorney is what you need to get this done, then move on.  

[Pinkrlion 2,704]

On 2/9/2024 at 6:23 PM, Nazim and Debbie said:

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. 

As a part of the divorce you can demand that she keeps a job