Divorce of a K1 holder prior to Green Card interview

[bluesky_nc]

I brought my fiancee here last summer and was married in the fall. About 5 months into the marriage, things are now very rough. She has received her EAD and SSN, but has not yet had the Green Card interview. I would like to 1) remove the Green Card application, 2) file for divorce, and 3) have her move out of my house so the separation period can begin. We have no children, no joint assets, and really nothing that should make this complicated, other than the fact that she is hellbent on staying in the USA and staying in my house. Any advice will be appreciated.

 

[bluesky_nc]

Should have mentioned that we signed a pre-nup that disallowed alimony if the marriage lasts less than 5 years. May not matter but wanted to mention it.

 

[Triple Citizen]

If you own the house, all you need is to make one 911 call and she will be asked to leave your house by the local law enforcement agency.

other than the fact that she is hellbent on staying in the USA and staying in my house. Any advice will be appreciated.

 

[elcupacabras]

I have no experience in this what so ever so what Im about to say could be completely false (someone more knowledgeable PLEASE correct me if Im wrong).

Seeing as the AOS paperwork is in the works right now (since you say she doesnt have the green card interview right now), then it is my understanding that you can contact USCIS and request the removal of the affidavit of support from the application (I think this can only be done if the application is not approved yet). Without the affidavit of support then the GC process will not be able to be completed (it 'needs' the affidavit of support from the primary sponsor, ie you).
However, if the GC gets approved (not everyone who comes through on K1 needs an interview......I didnt.....my GC just came in the mail), then this is a lot more difficult and your wife would probably be able to stay in the States with her GC.
So you might want to get onto USCIS pronto (or wait for someone to come along and correct my misinformation- ha ha).

 

[Concerned4us]

If you own the house, all you need is to make one 911 call and she will be asked to leave your house by the local law enforcement agency.

This is not necessarily true. Although her name is not on the house, in many - if not all - states, she has the right to remain in the marital residence unless and until a judge rules that she must leave.

OP, if you want a divorce, you need to engage a family law attorney. Given the special circumstances, one with either immigration or international family law experience should be your choice.

Since you signed an affidavit of support, no one can say that you will not be required to provide support on the basis of yoru prenup. You really, really need an attorney!