Was This A Costly Mistake? Not Even ! Year Yet!

[Bill Tilman 7]

Hi people, I'm new here. I brought my fiance to USA on a K-1 and we were married almost a year ago. But now....its falling apart day by day. She hates america, hates the unfriendly people, the boring food, the expense, the taxes, the cities, the countryside, and half the time wants to go home. We've had five monster, breaking #### fites, since june. Shes embarrassed about our age difference. Our "pre-nup" has been a constant thorn in her side. (Thank god I did one!) Our once amazing sex life has petered out (pun). A few months ago I payed for her $1000 adjustment of status green card deal and we're still awaiting our interview. Yet I know we'll never see it. She already has her SS card and Employment authorization card, and is working at a club as a bartender and receiving LOTS of attention due to her exotic looks. My question is; When she does leave me for a hot young buck, if we havent had our "what color are the drapes?" "are we really married" status adjustment interview, is she only allowed to stay in USA because we're married? If we divorce before then would she be kicked out? Or not really. If I wanted her to be sent home could I tell INS or whoever about her status/ our divorce? If/when, she does leave I'll probably want to if possible. I'll never do this again. Its too much hassel, no matter how hot she is. Advice?

[GandK 168]

Sorry to hear that It doesn't work out for you. It sounds to me like you didn't really get to know each other before you married.

Marriage is about compromise if she loves you enough, then she would put up with the new country and environment because she wants to be with you.

But well, back to the question. If it is falling apart. She came on a K-1 fiancé visa and got married. It means that she got a conditional green card valid for two years.

After two years, she must apply for unconditional green card and she can only do that if she stays married to you and prove that the marriage is bona fide.

Otherwise, her green card will not be renewed and she has to leave the country.

[Penguin_ie 5,992]

**** Moving from K1 to Effects of Major Changes... forum *****

[Boiler 44,874]

As she married within 90 days she could seek to adjust on her own.

One is inclined to think that you got what you wanted and she got what she wanted.

Wait for her to get into a I want to go home rant, take her to the Airport and buy her a one way ticket?

[bigdog 376]

Withdraw our application and support notify uscis, go to interview and tell them the story. Sorry to hear this.

[DaveTX 2]

So she hasn't been granted AOS yet? You can just withdraw the application and your I-864. I don't think she can stay at all without completing AOS. If she wants to go home anyway, seems like offering a one-way ticket back would be best for everyone.

Hi people, I'm new here. I brought my fiance to USA on a K-1 and we were married almost a year ago. But now....its falling apart day by day. She hates america, hates the unfriendly people, the boring food, the expense, the taxes, the cities, the countryside, and half the time wants to go home. We've had five monster, breaking #### fites, since june. Shes embarrassed about our age difference. Our "pre-nup" has been a constant thorn in her side. (Thank god I did one!) Our once amazing sex life has petered out (pun). A few months ago I payed for her $1000 adjustment of status green card deal and we're still awaiting our interview. Yet I know we'll never see it. She already has her SS card and Employment authorization card, and is working at a club as a bartender and receiving LOTS of attention due to her exotic looks. My question is; When she does leave me for a hot young buck, if we havent had our "what color are the drapes?" "are we really married" status adjustment interview, is she only allowed to stay in USA because we're married? If we divorce before then would she be kicked out? Or not really. If I wanted her to be sent home could I tell INS or whoever about her status/ our divorce? If/when, she does leave I'll probably want to if possible. I'll never do this again. Its too much hassel, no matter how hot she is. Advice?

[Maria TH 20]

Sorry to hear that. I hope you both can work thing out though.

From what you wrote, I can see the woman who has a hard time to adjust herself into a new environment. Have you tried to ease her life? Have you tried to help to get her through all those situations?

She signed the Pre-nup which meant she accepted whatever conditions you wanted, it means exceptional sincerity from her side since Pre-nup is not common for Thai people.

She is now working and getting lots of attention, it is not her fault though. The thing is, has she had any signs that she will cheat on you? If not, why worry that she will leave you to a younger man?

If your marriage base on love to each other, I think this situation can be sorted out. I don't know from her side, but I would like to ask if you married her because of love? If so, my advice is you two should sit and talk. Find out the way to help her feel better about her uncomfortable life and tell her how you feel when she gets lots of attention from other mans and give her a chance to tell you what exactly she feels about that.

[Darnell 8,478]

well, here's yer loophole.

You've filed for AOS, but it's not been granted yet.

A piece of that was the I-864, the affadavit of support.

If you withdraw the affadavit of support before her case is adjudicated, then she can't adjust status. She'll be in country, without any legal immigration status. You withdraw via postal letter to both the 1.. local USCIS office in yer jurisdiction 2..national USCIS office. It's a simple thing, really, this one page letter.

Along the way, divorce her .. Give her a one way ticket back the day after the divorce is finalized, and call it a day.

Now, I'm prolly gonna get lost in some VJ noise, so come back to my post in a few days, and reread it.

[Bill Tilman 7]

boy now im confused. i guess at her club shes talked to lawyer custys who said no worrys, ite easy. some days she wants to go home, some she just wants to be here and revel in her hottness and popularity.

yes theres tons of evidence she'll cheat, like nitely propositions. she tells me about them all.

no she hasnt adjusted her status yet. we're out of state and haven't been contacted at home for our interview.

yes i married her for love, and so did she originally. i've known her her whole life!

but i still dont understand. if a K-1 divorces before adjusting status for permenant residency, does she get sent home? like really, or just possibly? does she actually HAVE to stay in the marriage in order to stay? i dont want her to go home, or leave me for another, BUT if she does, after all i've done, i won't die quietly. i dunno what to do, and shes at the club and im sitting here worrying as usual.

[Bill Tilman 7]

well, here's yer loophole.

You've filed for AOS, but it's not been granted yet.

A piece of that was the I-864, the affadavit of support.

If you withdraw the affadavit of support before her case is adjudicated, then she can't adjust status. She'll be in country, without any legal immigration status. You withdraw via postal letter to both the 1.. local USCIS office in yer jurisdiction 2..national USCIS office. It's a simple thing, really, this one page letter.

Along the way, divorce her .. Give her a one way ticket back the day after the divorce is finalized, and call it a day.

Now, I'm prolly gonna get lost in some VJ noise, so come back to my post in a few days, and reread it.

give me more details about how to do this in case i need to. poop, i dont wanta do that but....and i have no idea when the poop will hit the fan. i dont wanta do it prematurely in case we work it all out. i thought i filed the I-864 long ago for her k-1? heck, she supports us both with all the dough she makes.

[Darnell 8,478]

they never get 'sent home' by DHS/HomelandSecurity/USCIS unless

they have been pegged to be deported, the result of a deportation hearing, which is the result of being caught in a sweep or personally picked up.

You not have any documented marriage fraud yet - I refer you back to my prior post.

give me more details about how to do this in case i need to. poop, i dont wanta do that but....and i have no idea when the poop will hit the fan. i dont wanta do it prematurely in case we work it all out. i thought i filed the I-864 long ago for her k-1? heck, she supports us both with all the dough she makes.

Most likely you filed an I-134 for the K-1 visa, back at the US Embassy, IV unit.

Don't confuse the 2, aye? The I-134 is not legally binding, the I-864 is.

[Moomin 292]

Read Darnell's words - that's the simple way.

When(if) she gets her 2 year conditional greencard it is possible for her to stay in the country even if you divorce. She'll have to file a waiver and remove conditions on her own and prove that the marriage was entered in good faith/bona fide. But without your support(the affidavit) she can't adjust in the first place.

[Boiler 44,874]

She can seek to adjust status on her own.

Nobody is coming looking for her, well not from Immigration anyway.

[mr and mrs 187]

Its too much hassel [sic], no matter how hot she is.

bill tilman, this statement is pretty awful. im embarrassed for you for having typed it.

you have to decide if you want to continue with AOS or not. revoke the affidavit of support (i-864) if no.

once she adjusts status, she will essentially be free of the obligation to be married to you in order to legally be in the US.

[VanessaTony 3,567]

She can seek to adjust status on her own.

Nobody is coming looking for her, well not from Immigration anyway.

How? VAWA? There's no abuse. There's no other way.