K1 visa wife and now marriage broken.

E

ekdil

Registered Users (C)
Dear Sir,

I got my wife here from ukraine on a K-1 visa. It has been 5 months to our marriage. Her I485 application is in process with USCIS. Now, our marriage is under tension. She wants to have relationship with other men. She refuses to co-operate in divorce, yet claims that the marriage is over. If I were to withdraw my I864 (affidavit of support), what are the consequences? If USCIS does not approve her application, then, will they have her removed from USA? How long will that take? In the meantime, am I responsible for taking care of her? She has no one here in the USA. She is talking to other men on the internet and often wants to go out with them. She is making hell of my life. Please advise.
 
If the marriage really is in trouble and you do not wish it to continue, then pull the affidavit of support NOW!!!! If you wait too long its possible that her AOS could be approved (and therefore get her GC) without interview- if this happens then you are on the hook for her for 10 years (or until she becomes a citizen etc).

The consequences will be that she will not be able to legally stay in the US and will need to return home. Of course she could continue to stay while out of status, but that will hold no bearing on you and she will not be able to find any other alternative way to legalize herself (her ONLY way is through marriage to you).
 
If she is illegal and she refuses to move from my home, what can I do? Do I need to provide for her (I had her come as my dependent on K-1 visa)? Can she screw me financially through divorce... Divorce is done by state courts and immigration is by federal... Will I run into technical problems as a result? I did have her sign a pre-nup agreement.

Will the authorities want her to leave immediately or will it take a long time? I have told her many times that I am prepared to buy her ticket back as well as provide her about ten months worth of her country's salary to her if she just leaves willingly. She is not accepting this. I am also allowing her to take a lot of expensive stuff that she has bought here.
 
Until the I-485 is adjudicated, she is not illegal. The I-864 comes into effect only if the I-485 is approved.

ekdil said:
If she is illegal and she refuses to move from my home, what can I do? Do I need to provide for her (I had her come as my dependent on K-1 visa)?
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Another development in the case: They sent us a pink form that states that they require further documents (prior tax returns) and it also states that we have 87 days to do so, if not received, then our application will be terminated. Can I just not send the requested information? What am I risking by doing this?

Does anyone know how long it will take for the USCIS or INS to deport a person after the I-485 is not successful? Can I ask them specifically to do so?
 
By loss of money, You mean loss of the fees that were paid for the application only ? or do you mean other?
 
ekdil said:
By loss of money, You mean loss of the fees that were paid for the application only ? or do you mean other?
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Forget for a second that she is not American. What would you loose with the divorce? That apply exactly to your case. She has the same rights as any other spouse when divorce happens.
 
Does anyone know how long after her I-485 gets denied, she is forced to leave the USA? Or do they not enforce that? Can I make a complaint and have them enforce it?
 
ekdil said:
Can I make a complaint and have them enforce it?
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You can not tell ICE to deport anyone.
You can not have ICE enforce deportation on anyone.

All you can do is follow the procedures of divorce and pulling the affidavit of support/not responding to the RFE- then lets what done be done.

If she chooses to stay in the US, so be it. She will be the one constantly looking over her shoulder wondering whether she is about to get caught and deported- her staying the in the US will have no bearing on you and she will be the one to suffer the consequences should her actions catch up to her.
 
K1 visa wife and now marriage broken

I am not sure what went wrong between you guys. Generally, Ukranian girls are not bad when they are in a relationship, unlike american girls. I have few ukranian friends and in fact had a GF who is from ukrain. As usual all girls have PMS and mood swings and loose tongue and they use it more when they are in relationship, and it comes part of any relationship. But it is upto the guy how to take it in positive or negative. But if we sit calm and easy they will come more affectionate and attached. But if men show muscles and show attitude instead of take it easy and express love , she will keep you away.

Any relationship has gestation time to set in to deep relationship. So anger fights and upset mind all will make a relationship more firm if you both have real good sincere intentions to stay in a marriage. No guy or girl will come as 'customized' but time and interaction will make attachment more rooted.

You dont need to dictate business terms of reimbursing salary or material benefits. That strategies will work with american woman who need your money. If she deny it, So that shows she is a good woman. So you dont need to divorce or cancel her visa, but some nice sincere expression of love and hug will make things better...

I have handled russian and ukranian women.. trust me .. they are are really good if you know their mind and if you win her heart with romance and love...but showing 'muscles' or create tension doesnt yield any benefits.


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Will the authorities want her to leave immediately or will it take a long time? I have told her many times that I am prepared to buy her ticket back as well as provide her about ten months worth of her country's salary to her if she just leaves willingly. She is not accepting this. I am also allowing her to take a lot of expensive stuff that she has bought here.[/QUOTE]
 
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