Pikesville, MD asked in Immigration Law for South Carolina

Q: Am I responsible for my foreign wife who has no green card, if she leaves my home and resides somewhere else in America?

I married my wife in February 2017. She was here on a K-1 Visa. She does not yet have a green card, but, we are in the process of doing an "adjustment of status" to get her one. I believe this "adjustment of status" had an "affidavit of support" form that was filed with it. The case is still pending, but, if my wife were to leave my home and live somewhere else in USA, am I still responsible for her? Of special note, from my understanding, she received a form from the U.S. Embassy that told her to contact a specific phone number in case I abuse her or leave her on the streets. I don't know the specifics of this form, so if someone does know what this form is, please tell. But, can this form cause me some trouble in the future?

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1 Lawyer Answer

A: This is a question best asked in the privacy of an office, since all of the facts remain unclear. There are things that you can do to withdraw the I-864, but you may want to think about it, since she can self petition, where there is arguable abuse. Whether she is approved is another matter; you can't intervene on an abused spouse petition, since the evidence must be evaluated without your interference. That said, please continue to read, since it may help your marriage and her emotional adjustment into the United States.

The Consular Officials are aware that some U. S. Citizens emotionally and physically abuse their foreign spouses. The Congress passed laws to protect abused spouses, where the U. S. Citizen threatens to report the foreigner to USCIS and otherwise terrorize them to prevent them from reporting a crime like domestic assault or battery to the local police. Most foreigners who marry don't have these issues.

If you or your foreign spouse have emotional challenges, then you should consider psychological counseling, perhaps, even couples counseling to assess the concerns. Sometimes, it is difficult for the foreign born to adapt. At other times, it is difficult for some U. S. Citizens to compromise or cope with a foreign spouse due to issues that they have had in the past growing up or with a previous spouse. Sometimes, foreign spouses who are much younger than their U. S. Citizen spouse may have second thoughts.

Again, if she still lives with you, you should take a step back to evaluate your conduct, and hers, since counseling may be better than separation, or perhaps both depending upon the seriousness of the situation. Yet, it is difficult for foreigners to sometimes cope with changes, when they immigrate in that they have left their family and friends due to their marital commitment. Good luck.

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