Affadavits - An Actual Question

[Cheezees 1,514]

I have not even remotely considered falsifying.

Good.

But do I pressure people she has offended into writing them?

Why are you still even considering this????? WWWHHHYYY??????? Drop this woman. Do not get your family involved. Get your own insurance. I cannot believe this is your only response to everything that has been written. STOP BEING FOOLISH!

[Daveykins 17]

I have nothing else to add to this except one word: RUN!

[tuckin14 58]

As a followup to the above, on Saturday Mrs. Tuck texted me and said "And don't do a sloppy job like you usually do, make sure the letters are good, they have to say we were happy and in love."

I told her that I could tell people to mention that if they believed it was true, but that I also knew that no one ever believed that I was happy or that she was in love, I told her that if she had any questions about the appropriateness of coaching people to lie in affidavits, she should consult her attorney.

Her response was that she could no longer "ethically lie" and say that we were a couple and that she ethically had to drop me from her health insurance.

Everyone here who has never lied - never said "See, Daddy loves his vegetables" or "I was reading the newspaper, not watching porn" - please stand up. OK, now that you're all sitting, we all know that lying in a legal proceeding is a different matter - unless of course you're Mrs. Tuck, and you are never wrong, and you have been so horribly treated in this whole process that any means are justified to not have your life disrupted.

So what now? We are finally officially mortal enemies. She informed me that she has cancelled her summer trip to see her family in Romania, which she has made (I believe) every summer since she moved to North American in 1999. I am guessing it is because her attorney told her that if she leaves the USA she could have trouble re-entering.

My concern is that she will drop the existing I-751 and refile with a waiver. She will then file for divorce, and hope that USCIS will take its good sweet time issuing an RFE for the divorce decree. I could probably stall a divorce if I chose for as much as two years. Not that I'm necessarily sure I want to.

I have an appointment with USCIS next week to figure out what to do. I know they are not there to serve my personal preference, "Mr. Tuck, what would you like, what day of the week would you like her deported?" But I would like to see that she isn't allowed to continue to game the system.

For those who wonder... I'd like to just briefly explain all the drama.

I was short.

My wife is 5'10". I am 5'8". My wife likes "real men." Manly men, Educated, confident, rich men. A short man can never be a real man in her eyes. She idolizes her father, who is 6'4". When she was on match.com she filtered her mail so that any man under 6' could not even write to her.

Knowing this I still pursued her, knowing this she still married me. But I would never be a real man in her eyes. I graduated college at 19 and have 5-6 years of professional education, but I was "uneducated." I have a net worth in the top 3% or so for my age but I was "poor." Both of my parents and both of my siblings have college degrees but I was from a family of "peasants." (Her father, sister, and brother-in-law are all physicians.)

OK I may have self-worth issues, maybe I should have bailed on this whole thing years ago, but I didn't.

I hope all the good people on this board, those who married for love and worked together to build a life even though they weren't blessed with a lot to start with, get the happiness in the USA that they deserve.

[Merrytooth 5,748]

Sorry, you are not only 'Short' but also ball-less

You have allowed yourself to be her doormat, so quit feeling self-pity.

Time to end all this BS drama and move on with your life.

You have already been advised in previous posts on how to withdraw the joint I-751 filing.

[Boiler 45,403]

So you have lots of money but can not afford Health Insurance, or it seems a Lawyer to handle you affairs properly.

[funkymunky 11]

I don't understand why you are dragging this out and letting her get to you. It's even crazier that you pursued her even though you knowingly knew she was a superficial gold digger looking for a man to fund her lifestyle and GC. Divorce her and let her attempt to file by herself with the waiver, she will most likely be denied since she will not be able to prove you were married in good faith.

Move on with you life and find someone else worth loving.

[tuckin14 58]

Yes, there's a lot of resentment. Of course.

I know "how" to withdraw the I-751. But I don't want to let her manipulate the process. Withdrawing the joint I-751 might actually give her a better shot at getting approved. I would prefer that not happen.

[aaron2020 11,651]

Yes, there's a lot of resentment. Of course.

I know "how" to withdraw the I-751. But I don't want to let her manipulate the process. Withdrawing the joint I-751 might actually give her a better shot at getting approved. I would prefer that not happen.

Yes, withdrawing the I-751 to stop the ROC completely will definitely give her a better shot at getting it approved.

Good luck. You are going to need it.

[Cheezees 1,514]

Stop. Just stop. Withdraw your support from this non-bonafide marriage. You are acting as if she has evidence in the first place that she will now use in your absence. MOVE ON!!!!

It does not matter if she is approved with a divorce waiver (trust me, she won't be). Get rid of her. You keep wanting to hold on her for god knows what bizarre sadistic reason. Drag out the divorce for years? Why? In the mean time you will be supporting immigration fraud as you refuse to withdraw your support.

Top 3% and squabbling over health insurance? You could not be serious!

You don't want our help. At least be honest about that. You just want pity (which no one is giving you, by the way) about the situation you got yourself into and refuse to get out of. No one is going to coddle you. I now firmly believe that you are getting exactly what you want. All of your posts go in circles. You blatantly ignore the very helpful advice of many VJers who only want to see you get out of this dreadful situation. It is such a slap in the face to read your subsequent, mealy-mouthed posts.

Here's an honest question: Why are you continually updating this thread with the news that you plan to keep committing immigration fraud?

[tuckin14 58]

The last two posts gave opposite opinions, unless the second was meant facetiously.

Here is the scenario by which withdrawing the I-751 gets approval more easily, or at least benefits her in some way (and she can withdraw the joint I-751 as well).

Without a withdrawal, the process will continue from here, and there will almost certainly be an interview which I would be required to attend. It might even be that my non-appearance would mean an automatic denial. Since the I-751 was filed 9 months ago, all of this would likely happen in the fairly near future.

With a withdrawal, she would immediately refile with a waiver. She would get a new one-year extension. At some point she would get an RFE for the divorce decree. I know it took them at least 8 months to issue an RFE this time, and there may not even have been one yet. Say they take 6 months, then issue an RFE giving another 3 months. That's 9 more months of legal status in the USA, and who knows what can happen. Further, I would likely not be called to an interview if she files with a waiver.

USCIS is not going to ask "Mr. Tuck, should we give your wife a 10-year green card? What would help you sleep at night?" And I doubt they will ask about the bona fides of the relationship, as no one doubts we had a relationship. But they might ask things like "What were the circumstances of your wedding? What was your wedding night like? Did you tell your family and did your wife tell hers? What about your friends and co-workers? Why didn't you have joint bank accounts?" I don't know what they'll ask. But certainly my perspective would add something to the process.

I'm not sure why I have an obligation to withdraw the joint petition, but I intend to ask USCIS at my InfoPass appointment. Is there anywhere on there that it says "I certify that I believe the applicant entered into the marriage other than primarily to procure an immigration benefit?" Or "I certify that we are still happily married?" Our addresses on the I-751 are the same, and were the same on the date it was signed, and at that time I was still hoping for us to stay together. Am I required to make the legal judgement of what constitutes immigration fraud and follow that in filing or withdrawing the ROC petition?

Now I will say, at the time this was all happening, I was saying to Mrs. Tuck "Well if we split up, what do we tell immigration, that we're still living together" and her answer was something like "Oh, you will lie about anything else but suddenly when it can harm me you are so honest." We've already established that she doesn't recognize that lying in ordinary social situations is one thing, lying in court filings is another. But that's irrelevant here. I never agreed to or tried to make anything look other than it was. I just signed the paper and put my then-current accurate address on it. I did eventually file I-865, change of address. Took me a while but I did it, and I'll bet a lot of people never do.

[aaron2020 11,651]

You simply don't get it.

Keep focusing on preventing her from getting what she wants so you can string her along for health insurance.

Keep lying and committing fraud cause that isn't going to bite you in the ####### when USCIS tag you for immigration fraud. Of course, your immigration fraud will be a non-issue because you obviously was not trying to defraud the system. Your fraud was perpetuated by you to expose a scammer.

Just stop.

[Cheezees 1,514]

You're not sure why you have an obligation to withdraw the joint petition? And your subsequent statements...Are you kidding me??? You're just making a complete joke of yourself, how pathetic.

Cheezees, I agree with you wholeheartedly. The OP is only looking for someone to validate his blunder. I'm also beginning to believe that he created this entire thread to glorify his 'soap opera-ish' scandal and have everyone gossiping. I'm no more going to participate in this thread since OP does not seem to be looking for any righteous advice.

Happy Forever, I too am no longer interested in giving any advice. This is beyond pathetic. The OP refuses to listen to reason and is coming up with all kinds of nonsense excuses to drag his feet. I've changed my mind. He deserves his wife. He obviously wants her. His attempts at trolling for pity are backfiring. It's pretty insulting to those who took their time to read his account of the story and offer sincere advice.

To the OP: Keep committing immigration fraud. Keep trying to scam the system so you could have health insurance. Please notarize falsified documents. Please don't withdraw your support of the ROC. If you receive a notice for an interview, lie through your teeth about your "relationship". Finally, when this nightmarish scam is over, please keep the results to yourself.

[DC85 113]

Print out the text the sent you and go to your local office and tell them you you wanna drop the joint petition and give them what she texted you. I would recommend you to send the service center that she filied with a letter explaining the situation with copy of her text.

[Daveykins 17]

I subscribed to this thread to try to help someone if I could. Clearly, they don't want help. So, I will unsubscribe from this thread after I say one more thing.

WITHDRAW SUPPORT AND MOVE ON! Not your problem anymore after an infopass appointment!

[tuckin14 58]

I went to an InfoPass appointment this week. As best I understood what I was told.

1) I am under no obligation to withdraw the I-751 because we are separated.

2) The IDO seemed to imply - I am really not sure of this - that if I felt it was marriage fraud I should withdraw it, but if I didn't withdraw it I might be implying I did not think it was marriage fraud.

3) Regarding affidavits, third parties can submit information for the file. In effect, while the applicant can procure affidavits, professing the marital bona fides, a third party who thinks it is fraudulent can also submit a letter. I didn't dig down into the issue of notarization and what weight these would get.

4) The IDO said that if there was an interview, and I was asked to appear, she might take me aside and ask me at that time if I wanted to withdraw.

5) A rather curious fact. If the I-751 is withdrawn and a Notice To Appear is issues, the applicant is frozen out of status until the appearance before the IJ. However, if they file an I-751 with a waiver before the NOA is issued, the new filing supercedes the withdrawal - in effect, the applicant is back at the starting line with a Notice of Action, and a one-year extension (or until approval or denial of the revised petition.)

For those who have commented in this thread, I'm not sure where anyone ever felt I would support marriage fraud. I'm not legally obligated to withdraw, and I never ever implied I would solicit false affidavits - I would not.

If you see someone sneaking out the back of a bar with two bottles of whiskey in their hands you may feel they are stealing,but you are not judge jury and jailer. You may be a witness to what you saw but they still get their day in court. If I choose to not withdraw and give my wife her day in court, I'm not endorsing anything. The whole process is also kind of weird, regarding #5 above and the randomness of timing.

Yes, it does appear that withdrawing the joint petition could improve her chances - although she could always withdraw it herself and refile. There are some things that puzzle me. For example, let's say the petition is joint and I am interviewed. Say they ask her "What steps did you take to move to the USA within the first two years after the marriage." If I'm not interviewed, she could say "I wanted to, but I would have taken a big pay cut and my husband and I agreed that it was better for me to stay in Canada making a higher salary." That's bullfeathers of course but who's going to contradict her? Maybe she even tries to make it sound like I was the one impeding the move. But if I'm interviewed, they will get two entirely opposite stories and have to decide which one to believe. At least they'd hear both versions.