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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I recently married my k1 visa fiance on 10/18. Her 90 day

Customer Question

I recently married my k1 visa fiance on 10/18. Her 90 day expired on 10/25. Although we had a few issues initially, I felt completely secure with her love when I married. within a week of the marriage she did not want to sleep on the bed because she was menstruating and after a few days, she came up with other reasons why she didnt want to sleep there. I told her ways all the issues with the bed could be resolved and she became frustrated. i questioned her love for me as a husband, not a companion or room mate or anything else, but a husband. She did not respond. After a week of little talk she told me that I killed the love she had a month previous and she did not love me as of our wedding date. Since then things have gotten much worse. I have yet to sign the 1-864 and at this point have 0 faith or trust in her. She does not want to return to China with her son. What steps should I take, Desperately seeking advice, Tom
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I am a U.S. citizen. My wife, now, is an immigrant who came over from China with her son on a k1 visa
JA: Has anything been filed or reported?
Customer: We got married on 10/16 so I believe the marriage certificate is on file. but I have done nothing to secure change of status or green card or affidavit of support 1-864
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am being bullied into signing the 1-864 so she can stay by her 2 chinese friends she has in the States.
Submitted: 23 days ago.
Category: Immigration Law
Expert:  Judith replied 23 days ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith replied 23 days ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

HOLD YOUR GROUND. Don't you dare sign the I-864 and watch your back.

She may try to instigate a fight and claim domestic abuse so she can get her resident status as an abused spouse. I see this over and over. It is a very typical scam.

Immediately consult a family law attorney to find out if you can change the locks on your house and put her out. Let her go stay with her bully friends and cut off all contact with her. Just have your lawyer deal with her in obtain an annulment of the marriage if at all possible versus a divorce.

But most seriously watch your step. If there is any way you can leave the house until you get a lawyer to file and get her out of the home I would strongly suggest that because I see this over and over. The next ploy she will use is abuse. I have had many innocent clients accused of domestic violence and charged. The foreign spouse intentionally hurt themselves, cut of bruise themselves and call the police claiming the man did it.

They have ended up with a criminal record all so the foreign spouse can get their green card as an abused spouse.

Seek out a divorce attorney locally immediately and try to get this annulled and find out how best to protect yourself from her making false abuse claims against you.

Cease all communication with her friends until you have gotten your lawyer to move on termination of this relationship. It was nothing but a fraud to get here and get her benefits.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Customer: replied 23 days ago.
Thank you and ironically enough, her older very connected Chinese friend was in my house today and at the end of a heated conversation threw out the phrase,"you abused her" in an emotional way. I am wheelchair bound, so allegations of physical abuse would probably not fly anyways. As far as moving out, I have a teenage son living with me.
Expert:  Judith replied 23 days ago.

OK, so you need to get a lawyer there fast and find out if you can change the locks and just lock her out of the house.

The emotional abuse argument won't fly with USCIS without a psychologist report about the mental abuse.

But, she is toxic and you need to find out how to get her out of the house and if the marriage can be terminated through annulment based on fraud for immigration benefits.

Do this tomorrow. You absolutely need to protect yourself, don't put anything past her. She can claim you rammed her with your wheelchair! Don't put anything past her and these scheming friends of hers. Don't engage in any discourse. simply shut up and go into a room and lock the door if they come over and try to engage you.

Draw a line in the sand. Stop talking to her and ask those people to leave you home. If they won't call the police to have them removed.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 23 days ago.
I will contact a lawyer tomorrow. How does the fact that she is on a 90 day visa, that expired on 10/25 play into this, if at all? I do not want to see her deported without making any arrangements back home, if at all possible.
Expert:  Judith replied 23 days ago.

Your pity is misplaced. She is abusing our American system of laws. She is a fraud and she should be put out of the country. Let her friends take care of her.

It is unlikely she will be deported because she is not a priority for them to come looking for.

However, you need to put as much distance between her as you can and as fast as you can to protect you and your son.

Even if you made arrangements for her to go back to China she wouldn't. She is going to try to use you and do anything and everything she can to get her green card. She is very very dangerous.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Expert:  Judith replied 23 days ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful. Experts are only compensated for their professional efforts to assist you when you have clicked on a 5 star rating.
Judith

Customer: replied 20 days ago.
Hi Judith, I am sorry I did not get back to you sooner, but things have gotten worse. I have started divorce paperwork with a paralegal. My wife is asking for a copy of our marriage certificate. I do not see any harm in giving it to her because I stand by being legally married at the moment. However, I do have strong concerns that she will try to stay claiming either emotional abuse or that I lied about my financial situation, neither of which is true. Do you know what could happen to me, personally or financially, if worse case scenario it comes to that and she is believed?
Expert:  Judith replied 20 days ago.

Perhaps you do not understand how JA works but experts on the site receive no salary. This is how I support my family and I spent well over an hour of time with you the other night and you gave no rating to any of my answers. That means I worked for you for free. It also means to the website that you did not find my service satisfactory and counts as a negative towards my metrics. My metrics go down and I am removed as an expert because the site doesn't make any money from my answers.

I had strongly urged you to seek an annulment to protect yourself personally and financially but you have chosen to retain a paralegal, and get a divorce.

I am a lawyer and there are reasons based on the law why I recommended an annulment. However, apparently my time and legal expertise have no value to you and I unfortunately cannot continue to answer your questions for free. Everyone likes to think their time has some value, even a cashier in a grocery store.

Judith

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