I got married to a girl from india. Brought her here on K1 visa. We filed for i-485 and got denied...and then she divorced me. Our divorced was completed on constructive abandonment. Now I want here to go back, what can I do so that she is deported as she used me for the visa. Please advise. Thanks.
K-1 visa applicant getting divorced
- Thread starter chokra
- Start date
Al Southner
Registered Users (C)
Oh....crap...
This might sound cold, but call ICE. If you know where she leaves, ICE could come and raid her, detain and deport her...
This might sound cold, but call ICE. If you know where she leaves, ICE could come and raid her, detain and deport her...
Triple Citizen
Registered Users (C)
Why was the I-485 denied? Was it because of a no-show at the interview?
chokra said:
The INS claims they sent us a letter in NOV asking for some documents. My ex was handeling this so I never saw the letter, and she never replied. So the application got denied on failure to respond. As soon as it got denied, she divorced me by threatening to put DV charges on me, so I got out of the marriage. Now she has moved out and I dont know where she lives. She is in touch with some of my cousins and they say she will be getting the GC, I am wondering on what grounds will she get that....unless she marries another US citizen. Meanwhile is there something that I can do to send her back. I lost a lot of money on this divorce. Thanks.
Triple Citizen
Registered Users (C)
Since the I-485 got denied, your (or a joint sponsor's) I-864 is not valid either. So you are not responsible for her actions at all. Why are you so keen to boot her out of the US? Sure you can report her to ICE, but to be honest, they do not have the time or resources to track her and then deport her. If she gets into trouble with the law, she may be reported to ICE by the police and they might deport her. You need to move on and forget about her.
Triple Citizen
Registered Users (C)
You are 100% correct. The OP's ex-wife has no avenue to obtaining a GC this time round.
Al Southner
Registered Users (C)
Okay...
Chokra,
She can get a greencard without your tacit approval or participation in the process with USCIS. Even if she claims DV against you, did she ever call police or where you ever questioned about abusing her? Was she ever admitted to a local health facility for treatment of bruises she received from you? Assume that's her contention with USCIS?
She can marry another person, but she cannot adjust her status in the US. K visa is very strict and narrow in its focus and purpose.
Whoever marries her will face tough obstacle in an attempt to bring her back to the US for marriage purpose, as she has already proven herself to be solely interest in immigration, not marriage, and if marriage can advance her cause, she in. 
If she is in touch with your family, your family doesn't replace you as far immigration policies and procedures are concerned.
chokra said:
Chokra,
She can get a greencard without your tacit approval or participation in the process with USCIS. Even if she claims DV against you, did she ever call police or where you ever questioned about abusing her? Was she ever admitted to a local health facility for treatment of bruises she received from you? Assume that's her contention with USCIS?
She can marry another person, but she cannot adjust her status in the US. K visa is very strict and narrow in its focus and purpose.
Whoever marries her will face tough obstacle in an attempt to bring her back to the US for marriage purpose, as she has already proven herself to be solely interest in immigration, not marriage, and if marriage can advance her cause, she in. If she is in touch with your family, your family doesn't replace you as far immigration policies and procedures are concerned.
She never called the police, and i think during the divorce process she must have been told by her lawyer that DV is not an option since she has no record of all this....and thus she accepted constructive abandoment. So after all this she got half of my money and will get monthly maitenence from me for two years. I guess the laws favor the women here. I wanted her to go back so that she can realise that what she is doing is wrong.
Al Southner
Registered Users (C)
Laws...
Cho,
I am sorry, but it seems as if you are being screwed big time. I am not aware of any situation where someone who is in the US, in technical terms, have violated their visa status, was given the right to be paid by ex-spouse for 2yrs and still remain in the US
Did you have counsel during your divorce? You case sounds really strange, and please provide more info on your divorce case. Only if you feel comfortable about the process, because at least, one might understand the court's decision.
Laws don't favor women, good and effective representation will always safeguard your interests in the US, even if you clearly violated the law. If you didn't have good representation, then you could be suffering from the after effects of the case.
Lastly, you need to educate yourself on this immigration issues, because your ignorance is your biggest obstacle in understanding the process, and your ex-wife probably sensed this, and used your ignorance to plan whatever she needed to do. As such, your failure to know about her immigration process, is now coming to haunt you in a big way...
chokra said:
Cho,
I am sorry, but it seems as if you are being screwed big time. I am not aware of any situation where someone who is in the US, in technical terms, have violated their visa status, was given the right to be paid by ex-spouse for 2yrs and still remain in the US
Did you have counsel during your divorce?
You case sounds really strange, and please provide more info on your divorce case. Only if you feel comfortable about the process, because at least, one might understand the court's decision. Laws don't favor women, good and effective representation will always safeguard your interests in the US, even if you clearly violated the law. If you didn't have good representation, then you could be suffering from the after effects of the case.
Lastly, you need to educate yourself on this immigration issues, because your ignorance is your biggest obstacle in understanding the process, and your ex-wife probably sensed this, and used your ignorance to plan whatever she needed to do. As such, your failure to know about her immigration process, is now coming to haunt you in a big way...
first she got free representation from one of the local services here in my area. I had to pay for my lawyer. We tried to settle out of court so that I dont have to pay legal fees if the case goes to trial. She was staying with my aunt and they threatened me that they will blame me for purposely destroying the letters from immigration...i dont think they could prove it but either way I was a little scared. I have heard stories where the girl puts a DV on the guy and she gets her papers...so I didnt want to go near there. She also showed no income and i make a decent amount of money so i ended up paying here. After reading all this I am seriously considering calling the ICE on her. How do you think she can get here status now? My application was denied. If they try to open it, they would need me at the interview right?
Al Southner
Registered Users (C)
chokra said:
Cho,
First, I suspect that your attorney wasn't aggressive in representing your interestS, just from your post, I can sense that he didn't do what every law student is taught, "vigorous and aggressive lawyering"....
If you didn't destroy letters from USCIS, why where you scared? There is no US attorney who is going to prosecute you for this kind of crime, especially if there is no shred of evidence, unless that US attorney caseload is really low on scumbags.
The question also is: did you destroy the mail from USCIS? Your family (aunt) seems to be on her side, which is interesting to note. For this you should know, she cannot be issued a greencard without your being aware that it has happened. Did you guys go to the interview which USCIS will normally schedule?
You can actually go to a local District Office (USCIS) and ask to speak to a USCIS officer, explain your situation and see if they can't look at your immigration files and see what is going on. As an american citizen, you have rights which are protected by the US govt. If you so desire, you can move overseas and ensure that she doesn't get a dime from you for the next two years. 
Triple Citizen
Registered Users (C)
Her (not your's) I-485 was denied. As she came on K-1, she can only get GC by marrying you and successfully going through AOS. If she tries an MTR on the denied I-485, yes your presence will be required if she is granted a second interview. She (and a smart lawyer) may attempt AOS based on battering/abuse. That is possible, but not easy.
chokra said:
I think what my lawyer was doing was to get me a divorce and get out of this situation. We went in initially expecting them to ask for the GC and she gets the divorce from me without anything...but that didn't happen, and they agreed to the divorce. As far as the letters, ofcourse not! I was scared because my aunt and uncle are realeted to her (far distance cousins), they dislike my parents from the begining and are always waiting for an opportunity to screw us. My ex sensed that and got their support. The fact that she got free representation, kinda put me on the defense, I don't know what they did for her to qualify for free representation from a govt service. I knew they are probably in touch with one of those women's organization s**khi and trying to work something up. My aunt has gotten her 7 sisters here doing all this crap. I know they were not legitimately legal when they came here, but they still are here for over 10 years. I like your idea for going to the local district office. I will do that and see whats going on. Oh yea, we never got the date for the interview so the interview never happened.
another K1
Now having used K1 and devorced you have enough experience.. so are you planning to bring another person K1? look like fun...
Why don't you marry some one from here and be an American ...
If I where you I will happily marry a blond and live happily
chokra said:
Now having used K1 and devorced you have enough experience.. so are you planning to bring another person K1? look like fun...
Why don't you marry some one from here and be an American ...
If I where you I will happily marry a blond and live happily
Oh no! no more going to india and getting married...I am done with that. I guess when you are brought up traditional way, you assume girls in india have the same thinking, but boy was I wrong!
I am gonig to find some blondy or a latina enjoy life and then think about marriage.
I am gonig to find some blondy or a latina enjoy life and then think about marriage.
PraetorianXI
Banned
She can not get a green card if her I-485 was denied. and if she MTR that case, it will be denied again because she is divorced from the K-1 sponsor.