Brought fiance. And things didn't work out. She won't leave

[Casprd 167]

I am no lawyer but I watch cops on TV . In most states you can't change the locks or not let her back in. Once she brings her belongings in and stays one night (check your local laws)... she is there. This is why I said you have to move out. Leave her with the house. If you plan on staying there, I wouldn't. I think you can get her out in 3 days if you have no lease... but you need to start proceedings immediately with a real estate lawyer... which is way cheaper than a criminal lawyer.

Not true. In most states, the simple act of beginning to move means you have abandoned the residence (I know cause I had a hell of a time getting my stuff back). You can change the locks and any pin numbers or passwords for accounts. Be very careful about filing a change of address for her. You do not have a power of attorney you can not file such a form on her behalf. You can mark her mail as not at this address (don't throw it away and for goodness sack don't open it as these are federal offenses).

[RICARDO4EVA2 194]

Hi there,

This is probably not a typical post.. but here it goes..

I applied for a fiance visa. After 8 months it's approved and I brought my fiance here. We had major issues shortly before arriving and I don't want to get married. What do I do now? She won't go back home. I bought her ticket, I made a change to the date as she asked, and still.. she's not leaving. Her visa expired in 3 weeks. What are my obligations? do I need to inform the immigration of the status? Please help????

stay illegal for ever or she will eventually leave if she needs to file a new petition. desperation kicks in for her..

[gretchen_darren 67]

There are some issues here:

1) she needs to report her new address to USCIS. This is required and mandatory.

2) if she is not marrying you, she cannot stay. No matter what she thinks. She can stay, find someone else to marry and go throug hthe process. but it will be one drawn out process.

3) stop buying her tickets to go home. Something sounds fishy here. She may be cancelling the tickets and getting the money refunded to her "based on some emergency" situation. she is using the "buy another ticket" to go home to get money as she needs it.

4) Contact an immgration attorney on your situation. Make sure you are covered. this is a situation which can get very ugly once her visa expires. Also, if she has not yet rpeorted her new address, she is currently in violation of USCIS codes.

I feel sorry for you. I know this is a bad situation. Nothing could be worse. I hope things do get better. Every now and then, something happens. Sometimes it is hard to know. You try your best to verify before the trip to the USA. But sometimes you just don't see things until it is too late. Believe me, I am in the last stages of my journey of bringing my girl to the states. Right now I am really watching things big time. This is a major step and I am trying to watch the family big time right now.

[Fandango 1,439]

Your fiance has not commited an overstay, so at this point there really is nothing that you can do. Being that you did not / will not be marrying her, the affadavit of supoort you filed is not enforceable and basically it's on her to leave the country voluntarilly. Contacting immigration is not an option at this point - she has done nothing illegal to this point.

One note of caution... If she is still living in your home be VERY careful. All it takes is a call to the police that you committed an act of domestic violence and you can have a world of trouble. I'd recommend having her stay someplace else, preferably a hotel. Staying together in the same residence can cause you problems that you never imagined...

Good luck.

She has no path to VAWA as she needs to be married to the OP in order to have that option. Maybe someone would do it out of spite...but she couldn't theoretically legally stay to see it go to trial.

[Fandango 1,439]

Not true. In most states, the simple act of beginning to move means you have abandoned the residence (I know cause I had a hell of a time getting my stuff back). You can change the locks and any pin numbers or passwords for accounts. Be very careful about filing a change of address for her. You do not have a power of attorney you can not file such a form on her behalf. You can mark her mail as not at this address (don't throw it away and for goodness sack don't open it as these are federal offenses).

Yep. Plus, if she wasn't on the lease or the deed, and did infact leave, then she was nothing more than a visitor and has no claim to the property.

OP, contact USCIS that you will not be pursuing marriage with your beneficiary, and then just move on. You got lucky - she left your house. The rest is up to her and doesn't have anything to do with you. She may stay illegal, she may go home....either way, no skin off your nose.

[havehope 0]

Brother,

Sorry to hear about your situation. Inshallah there is something better in store for you. Better that this happened now vs after marriage.

Stay strong,

Havehope

[Justine+David 218]

She can't get petitioned based on VAWA, but we also don't want the OP arrested on false charges...so yeah, change your locks, don't contact her unless you're with other people (NOT HER friends).

[Channah&Aaron 51]

; Eventhough it didn't work out between the two of you, you offered her help to get her back home. But I guess the US is more important to her than going back to the country where she has lived all her life .

Like I said, you offered her help, she didn't accept the plane ticket ticket home and from now on, she can clean up her own mess. If her I-94 expires, she'll be here illegally and trust me, looking over your shoulder scared being caught is not a nice way of living, but that is what she has choosen

Best thing is to do is for her to deal with the consequences and try to move on.

Good luck!

[JohnandWendyB 21]

I am no lawyer but I watch cops on TV . In most states you can't change the locks or not let her back in. Once she brings her belongings in and stays one night (check your local laws)... she is there. This is why I said you have to move out. Leave her with the house. If you plan on staying there, I wouldn't. I think you can get her out in 3 days if you have no lease... but you need to start proceedings immediately with a real estate lawyer... which is way cheaper than a criminal lawyer.

I would check the laws on this. I have been told by police in CO that this law is kind of an urban myth. There are alot of components to it. In another state, my ex broke into my house and I could not press charges because a few months ago I let him crash there for a few days. I don't think I would move out unless there is reason to move out. She is in another state. Consult a lawyer. Perhaps the eviction is a good "cya" move. I have read in other posts outside this thread that once her I94 exp you can call immigration and she will be deported if found.

[JohnandWendyB 21]

She has no path to VAWA as she needs to be married to the OP in order to have that option. Maybe someone would do it out of spite...but she couldn't theoretically legally stay to see it go to trial.

http://www.womenslaw.org/laws_state_type.php?id=10270&state_code=US

She "may" not be eligible for VAWA if not married. I could swear when I was working at a DV shelter we helped a not-yet-married woman on a K visa use VAWA. I doubt if her goal is to stay here that the U visa is anything to worry about. I think in order to pursue that one the crime would have to be fairly big and then once prosecution is over she would be sent back home.

[Boiler 44,873]

She probably cashed in the earlier tickets and needs to repeat.

[Dan and Judy 614]

She would have absolutely zero motive for doing this. She can't self-petition using VAWA because they were never married.

She could be lacking your immigration expertise. so she might think it's worth a shot.

Also don't forget that old "woman scorned" motive.

I would be leery of further contact.

I can't see buying any more tickets but my understanding is most tickets are not refundable so I don't know how she would

get money out of the tickets.

[Fandango 1,439]

http://www.womenslaw.org/laws_state_type.php?id=10270&state_code=US

She "may" not be eligible for VAWA if not married. I could swear when I was working at a DV shelter we helped a not-yet-married woman on a K visa use VAWA. I doubt if her goal is to stay here that the U visa is anything to worry about. I think in order to pursue that one the crime would have to be fairly big and then once prosecution is over she would be sent back home.

From the first line of your link:

The special provisions that VAWA created under United States immigration law may help you obtain Lawful Permanent Residence. Under VAWA, battered non-citizens who are married to, or recently divorced from US Citizens or Lawful Permanent Residents can, in certain circumstances, self-petition (without the help or knowledge of their abusive spouse) to obtain Lawful Permanent Residence (certain children of USCs or LPRs and certain parents of USCs may be eligible as well)

Key words in red.

[JimVaPhuong 4,863]

http://www.womenslaw.org/laws_state_type.php?id=10270&state_code=US

She "may" not be eligible for VAWA if not married. I could swear when I was working at a DV shelter we helped a not-yet-married woman on a K visa use VAWA. I doubt if her goal is to stay here that the U visa is anything to worry about. I think in order to pursue that one the crime would have to be fairly big and then once prosecution is over she would be sent back home.

A VAWA self-petitioner must have an "immediate relative" relationship with the abuser. This means spouse, child, or parent, with a special exception if the self-petitioner was divorced from the abuser within the previous two years and if the abuse was the primary reason for the divorce. A fiancee is not an immediate relative. Maybe the situation you remember at the DV shelter was a K3, or some other similar scenario.