K1 Fraudulent Marriage.

[Burned 0]

My wife maintained a boyfriend in her home country during our courtship and marriage. Within several weeks of our marriage she had her first affair in the US. After about six months of marriage she would not come home on weekends, shacking up with new boyfriend. Shortly after our first anniversary I filed for divorce. Six months later the divorce became final. My exwife does not know she is divorced, I've only seen her once and did not tell her. She has not resided with me for 8 months. There is no abuse or violence involved in the marriage on my part. The only violence involved was my broken heart. My exwife was previously involved in a phoney marriage in her home country in attempt to get a visa to another country.

In about 4 months she will need to apply to have her restrictions removed from the greencard.

What should I do?

How should I report this?

Can I prevent her from getting ten year green card?

Thank you in advance for your advice and consideration.

[maria_b84 0]

I dont know how to help you with that, but I just wanted to say that I'm sorry and I really hope you'll find a better person, who will love you truly.

I wish you all my best

Maria

[Jonjon 0]

I think you should call the USCIS to inform them and discribe your case.

Sorry to hear this.

[dmartmar 1]

My wife maintained a boyfriend in her home country during our courtship and marriage. Within several weeks of our marriage, she had her first affair in the US. After about six months of marriage, she would not come home on the weekends, shacking up with a new boyfriend. Shortly after our first anniversary, I filed for divorce. Six months later, the divorce became final. My ex-wife does not know she is divorced. I saw her only once since then and did not tell her. She has not lived with me for 8 months. There has never been any abuse or violence on my part, in our marriage. The only violent incident was getting my heart broken. My ex-wife was previously involved in a phony marriage back in her home country in an attempt to get a visa to another country.

In about 4 months, she will need to apply to remove the restrictions on her Green Card.

What should I do?

How should I report this?

Can I prevent her from getting a 10-year Green Card?

Thank you in advance for your advice and consideration.

You should've asked these questions and reported her to the 'CIS before finalizing the divorce, which would've played a big part at her removal of conditions interview.

But since you're already divorced, there's nothing you can do.

Edited May 20, 2006 by dmartmar

[babybunny 2]

My wife maintained a boyfriend in her home country during our courtship and marriage. Within several weeks of our marriage she had her first affair in the US. After about six months of marriage she would not come home on weekends, shacking up with new boyfriend. Shortly after our first anniversary I filed for divorce. Six months later the divorce became final. My exwife does not know she is divorced, I've only seen her once and did not tell her. She has not resided with me for 8 months. There is no abuse or violence involved in the marriage on my part. The only violence involved was my broken heart. My exwife was previously involved in a phoney marriage in her home country in attempt to get a visa to another country.

In about 4 months she will need to apply to have her restrictions removed from the greencard.

What should I do?

How should I report this?

Can I prevent her from getting ten year green card?

Thank you in advance for your advice and consideration.

1.. how can you be divorced and she not know? she has to know its a requirement.

2.. you mentioned 10 year green card. you must have been married over 2 years.

is she here on CR1 or K-3.

3. if she is here on CR1 - she has every right to be here because you petitioned her to be here - she can remove the condtions on the green card herself. she will have to prove your marriage was entered in good faith. if she came on K-3 she was supposed to leave the day the divorce was final making her overstay.

[Burned 0]

1.. how can you be divorced and she not know? she has to know its a requirement.

2.. you mentioned 10 year green card. you must have been married over 2 years.

is she here on CR1 or K-3.

3. if she is here on CR1 - she has every right to be here because you petitioned her to be here - she can remove the condtions on the green card herself. she will have to prove your marriage was entered in good faith. if she came on K-3 she was supposed to leave the day the divorce was final making her overstay.

1. She did not respond to the court on service of divorce papers. If the served party does not respond, a divorce can occur in absence of the other party. The divorce is final & signed by a judge.

2. We were married 1 year when I filed for divorce (She had been in US a total of 14 months). The divorce officially terminated 6 months later (after 1.5 years marriage). She came into US under a fiancee Visa (K1).

3. She has a conditional Green card due to expire in about 4 months. She came into this country under the provision that she would marry a US citizen. She is no longer married and she did not enter the marriage in good faith.

How do I go about informing USCIS of the circumstances (fraud).

Edited May 20, 2006 by Burned

[sparkofcreation 0]

1. She did not respond to the court on service of divorce papers. If the served party does not respond, a divorce can occur in absence of the other party. The divorce is final & signed by a judge.

But didn't the judge require you to send her a copy of the final judgment within a week?

[meauxna 15]

Burned, write a letter, search the forums for the many other suggestions that have been posted in similar cases and then let it all go.

Her immigration status is HER problem now.

YOUR life is your concern now.

Best wishes to you.

[sparkofcreation 0]

As for the rest, well, there's a place where you'd have to sign the I-751 when she files it. And I believe all people who file as divorced need to be interviewed and she'd have to try to prove she entered the marriage in good faith.

You could also write to your Service Center explaining the process. There's only one immigration file for everything she ever does, so assuming they match your letter properly (include her name, birthdate and A number; that's what they use to find files) then it would be there when they get her I-751. Be concise, include all the facts that are relevant but don't be over-dramatic or go on for pages and pages.

[dmartmar 1]

1. How can you be divorced and she not know about it? She has to know! It's a requirement.

2. You mention a 10-year Green Card, so you must've been married for well over 2 years. Was she here on a CR1 or a K3 Visa?

3. If she got here on a CR1, she has every right to be and stay here, since you petitioned for her to be here to begin with. She can remove the conditions on her Green Card herself, by proving that your marriage was entered into in good faith. If she got here on a K-3, she should've left the day the divorce was final, making her overstay.

Shon,

1. Anyone can get divorced w/o the other party's knowledge, by placing an edict in the newspaper.

3. I have to disagree with you on this one Shon. Staying here is a privilege, not a right. The OP's biggest mistake was not reporting and divorcing his immigrant ex-spouse before the AOS interview.

[dmartmar 1]

3. She has a conditional Green Card, due to expire in about 4 months. She came into this country under the provision that she would marry a US citizen. She is no longer married and she did not enter the marriage in good faith.

How do I go about informing USCIS of the circumstances (fraud)?

Burned,

She did marry a US citizen when she came in (you) and she's no longer married b/c of you. It is too late now to claim fraud. The 'CIS will wonder why you waited so long to report this to them, mos. after the divorce and the AOS interview.

[diadromous mermaid 36]

3. She has a conditional Green Card, due to expire in about 4 months. She came into this country under the provision that she would marry a US citizen. She is no longer married and she did not enter the marriage in good faith.

How do I go about informing USCIS of the circumstances (fraud)?

Burned,

She did marry a US citizen when she came in (you) and she's no longer married b/c of you. It is too late now to claim fraud. The 'CIS will wonder why you waited so long to report this to them, mos. after the divorce and the AOS interview.

It's never too late to report fraud, the question becomes how much evidence do you have to prove it. There is the issue of the Affidavit of Support that is extant, and if the ex-wife somehow deceived Burned well into the marriage into signing that to ensure her permanent immigrant status, then he has a right to pursue the matter. One word of advice, USCIS are aware that one party may many times be bitter when learning that his/her spouse has been unfaithful and allegations of immigrant intent can be taken less seriously if there appears to be some malice involved. On what grounds did you petition for divorce?

[magnus0201 0]

Why on earth did it take you a year to file for divorce when she had been cheating on you since day 1? They say love is blind, and don’t mean to kick you while you are down, but that kind of love is blind, deaf, and retarded. Having said that, I’m completely in your corner and there is absolutely something you can do.

Here’s my advice.

Aside from that temporary delusional state, it is in your best interest to do whatever you can to get her out of this country permanently because of I-864 concerns.

She is going to have to file the I-751 to remove conditions by herself now, and since ( I assume) she is not going to be able to put together a believable removal package (with supporting evidence of a real marriage), she will most likely get called in for an interview. When she gets to that interview, she will have to bring evidence that the two of you lived together and the marriage was real. Again, I assume that she will have nothing. By all means, don’t go back into your delusional state and provide her with any of this.

However, there should also be a notarized letter from you stating briefly what happened and why you do not support the removal of her conditional status in her file folder. Present your case, and leave it up to them to decide. There is no need for bitterness or harsh words, just state how she left you to live with other men almost immediately, and for most of the time, you didn't even know where she was.

1) Address the letter to the local office where the interview will be held.

2) Include her Alien Number and Social Security Number

3) Include a copy of the divorce decree.

4) CC it to your regional service center. (Texas, California, etc.)

5) Address envelope, ATTN: K-1 (or 3) fraud.

BURNED, there are two sides to every story, but obviously the situation was bad enough for you to seek divorce (on grounds of abandonment I assume), and the INS wants to know why your divorce was final 18 months after her entry into this country. It’s not too late to present the facts and timeline in a letter. I can assure you that since she doesn’t even know you are divorced, she is going to get a big surprise when she tries to file that I-751 jointly (as in, you are still married), and your letter with a copy of the divorce decree is sitting in her file. That’s enough right there to get denied. She should not be rewarded with Permanent Resident Status (and eventual citizenship) for committing fraud and humiliating an American citizen.

The positive side here is to be thankful you are not on the hook for alimony. The negative (other than your broken heart)... if she does happen to get approved despite your efforts, you might be paying the govt back for her food stamps (or other type of "need based" benefit) if she ever decides to apply for it.

[Burned 0]

diadromous mermaid, thanks for your advice on the letter. I live in a no fault divorce state so I could only state irreconcilable differences.

mjpyro, thanks for your sound advice. Intially your being alittle harsh without knowing all the facts. And I am being a little general here for this is a public forum. I used this site for the K1.

But when your fiancee/wife is from another country which you don't speak the language and you can only communicate with her family thru her, it is very easy. And when your country will not issue her a visitor visa. You can only see her a few weeks every six months. It is very easy to conceal another relationship. I dated her for 2.5 years. The fiancee visa only gives you 3 months to decide and marry. Your countries immgration laws are working against the citizen and aiding the fraudulent party. Additionally, I have the 3 year support issue to contend with.

After 6 months of marriage I realized there was a problem. I started gathering the information. Only then I found out about the other relationships, other than the obvious one. After I got sufficient evidence, I threw her out and filed for divorce. I will not tell her about the divorce, because she will just marry another citizen and your restriction removal scenario.

Also thanks all who responded.

[magnus0201 0]

I really am on your side which is why I took the time to write that post above. If it happened to me, that is exactly what I would do.

I understand that it's hard to keep track of someone while they are in another country. My initial comments were directed at this statement:

"Within several weeks of our marriage, she had her first affair in the US."

The key words there for me were "first affair". There's no doubt in my mind that this woman married you for a green card, but you have to accept your own culpability in the matter. My initial comments may seem harsh, but there is actually some wisdom there for the future. Live and learn.

One other point. You said: "Additionally, I have the 3 year support issue to contend with."

I'm assuming you are referring to I-864, so I hate to be the bearer of more bad news, but it's more than 3 years. It specifically says:

I understand that my obligation will continue until my death or the sponsored immigrant(s) have become U.S. citizens, can be credited with 40 quarters of work, depart the United States permanently, or die.

I don't believe someone entering on a K-1 is able to apply for citizenship until after 3 years from the date of receiving the Permanent Residence Card. Then from that point, it may be another couple years before she gets it after she jumps through all of the INS hoops. It's much more than 3 years you have to contend with.

As I said, at least you are out of the marriage mess now. I commend you for having the initiative to go through with the uncontested divorce.