Can he revoke a CR1 visa for an early divorce?

[3600rs 24]

"well lets just say there will be 2 documents total showing co-mingling of assets and liabilities out of a total of 30." You mean 2 good documents and 30 documents showing fraud.??? Please explain. Well honestly I will not be surprised that the final battle to get her removed will be a battle of evidence, good faith versus fraud and will be the ultimate showdown.

[rin and john 71]

Thanks again to everyone!

As far as the lifting of conditions goes, I'm not even concerned about it right now. The marriage hasn't lasted long enough for them to be able to accumulate any joint assets (besides a cell-phone!). There hasn't been any voilent behavior from his part either. So assuming that USCIS presumes that every marriage is potentially fraudulant, there's just no way for mom to prove the USCIS otherwise. My husband and I are going through this now, and even though we have tons of "proof", they still put you through the grill

Let's see, maybe in two years there will be grounds for her to request political asylym in the US, looking at the way things are going back where she came from... In any case, she doesn't mind having to go back either now, or in two years. As long as she doesn't get blamed for a fraud that she had nether committed (I mean marrying just to get to the US).

Really, it seems kind of unfair that, had she married someone from, let's say, a less developed country and then split days after arriving there, people would not be inclined to think that the marriage was a fraud

But we did speak to a lawyer, and were relieved to hear that the court and the USCIS are very unlikely to take this matter as far as getting her deported right now, after they get divorced, before her conditional GC expires. The lawyer said that there are plenty of cases where people come on K- or -CR-visas and separate days after arrival just because of "irreconcilable differences..

Don't know that I would attempt the "asylum" route. I think if I were in your situation, I would:

1) Attempt to remove conditions on her own once the divorce is final. Could be as little as 90 days after filing or over a year to finalize a divorce. Add another 3 to 6 months for processing the I-751. Keeps her here until early to mid-2010.

2) If that fails, you will need to determine her right to stay until the end of the temporary GC (Apr/May 2011). If the USCIS says go home, then she should go home. If they say she can stay, then she is good until Apr/May 2011.

3) If your mother wishes to return to the USA after going home (or stay after her temporary GC expires and she is unable to lift conditions), you can file an I-130 for her. You are close to being able to file for US Citizenship (married to USC for three years as a LPR - you can file in March/April 2010). Currently takes about 4 to 6 months, so you should have USC status by Sept 2010. At that time you can "upgrade" your mother's petition from "Parent of LPR" to "Parent of USC". She would most likely be approved for her GC as a parent of USC before March 2011.

Not sure how item 3) works if she is already here on a temporary GC. Yours is a unique case as your mother is both the spouse of a USC and the parent of an LPR (and potentially of a USC at some point in the future). Might be interesting to discuss with an attorney.

[justashooter 430]

sounds like someone just wanted to live with their daughter and couldn't qualify for a visitor's visa or be petitioned by an LPR. so, as a stopgap (pending daughters USC status and petition for good old mom) some sucker paid the freight.

[3600rs 24]

Thanks again to everyone!

As far as the lifting of conditions goes, I'm not even concerned about it right now. The marriage hasn't lasted long enough for them to be able to accumulate any joint assets (besides a cell-phone!). There hasn't been any voilent behavior from his part either. So assuming that USCIS presumes that every marriage is potentially fraudulant, there's just no way for mom to prove the USCIS otherwise. My husband and I are going through this now, and even though we have tons of "proof", they still put you through the grill

Let's see, maybe in two years there will be grounds for her to request political asylym in the US, looking at the way things are going back where she came from... In any case, she doesn't mind having to go back either now, or in two years. As long as she doesn't get blamed for a fraud that she had nether committed (I mean marrying just to get to the US).

Really, it seems kind of unfair that, had she married someone from, let's say, a less developed country and then split days after arriving there, people would not be inclined to think that the marriage was a fraud

But we did speak to a lawyer, and were relieved to hear that the court and the USCIS are very unlikely to take this matter as far as getting her deported right now, after they get divorced, before her conditional GC expires. The lawyer said that there are plenty of cases where people come on K- or -CR-visas and separate days after arrival just because of "irreconcilable differences..

Don't know that I would attempt the "asylum" route. I think if I were in your situation, I would:

1) Attempt to remove conditions on her own once the divorce is final. Could be as little as 90 days after filing or over a year to finalize a divorce. Add another 3 to 6 months for processing the I-751. Keeps her here until early to mid-2010.

2) If that fails, you will need to determine her right to stay until the end of the temporary GC (Apr/May 2011). If the USCIS says go home, then she should go home. If they say she can stay, then she is good until Apr/May 2011.

3) If your mother wishes to return to the USA after going home (or stay after her temporary GC expires and she is unable to lift conditions), you can file an I-130 for her. You are close to being able to file for US Citizenship (married to USC for three years as a LPR - you can file in March/April 2010). Currently takes about 4 to 6 months, so you should have USC status by Sept 2010. At that time you can "upgrade" your mother's petition from "Parent of LPR" to "Parent of USC". She would most likely be approved for her GC as a parent of USC before March 2011.

Not sure how item 3) works if she is already here on a temporary GC. Yours is a unique case as your mother is both the spouse of a USC and the parent of an LPR (and potentially of a USC at some point in the future). Might be interesting to discuss with an attorney.

Another 3 to 6 months the waiver - no way, with a short marriage, lack of good proof, and a complaint. I would say like a year with an interview. Could be even 2 years. But I have never heard of a waiver denied. It may take long but it will mostly get approved. If the OP has lack of evidence and a badly presented case the denial will be quick and moved to court. The point is the government needs to have strong proof of fraud to stand in front of the judge and fight the OP's attorney. If not it will mostly be an approved case with a long wait. She needs are very experience AILIA lawyer enthusiastic to fight for her. On the other hand, if fraud did exist, its better to withdraw than having a ban.

[Brother Hesekiel 2,236]

Jim . . . Master . . . please teach me!

You are stating you are not an attorney, but if I had an immigration attorney with your knowledge and your writing skills, I would have happily paid the retainer.

Here's a point I'd like to throw into this very interesting discussion. Just my thoughts, if you will, to learn and to absorb.

I'd like to assume that the Lady from Russia entered the marriage in good faith. Said marriage failed very quickly, she moves in with her daughter. Husband (and sponsor) files for divorce but otherwise sits put and the time for ROC via I-751 comes up, whether premature or not doesn't matter here. USCIS denies application. Case goes to court. Status quo.

The judge has to determine whether or not the marriage was entered in good faith. But don't you think--and that's my question here--that at least a large part of the judge's decision would be how established the applicant's roots in the US are and whether or not sending the applicant back to his/her home country would imply a hardship?

If so, somebody who lives in the US for a longer time, has a good job, perhaps a child who is a USC has much better chances to stay than somebody who can't show such ties, don't you think?

[diadromous mermaid 36]

Nope. The determination is based wholly upon whether the alien can demonstrate that the marriage was not entered into to evade immigration laws.

Jim . . . Master . . . please teach me!

You are stating you are not an attorney, but if I had an immigration attorney with your knowledge and your writing skills, I would have happily paid the retainer.

Here's a point I'd like to throw into this very interesting discussion. Just my thoughts, if you will, to learn and to absorb.

I'd like to assume that the Lady from Russia entered the marriage in good faith. Said marriage failed very quickly, she moves in with her daughter. Husband (and sponsor) files for divorce but otherwise sits put and the time for ROC via I-751 comes up, whether premature or not doesn't matter here. USCIS denies application. Case goes to court. Status quo.

The judge has to determine whether or not the marriage was entered in good faith. But don't you think--and that's my question here--that at least a large part of the judge's decision would be how established the applicant's roots in the US are and whether or not sending the applicant back to his/her home country would imply a hardship?

If so, somebody who lives in the US for a longer time, has a good job, perhaps a child who is a USC has much better chances to stay than somebody who can't show such ties, don't you think?

[JimVaPhuong 4,863]

Jim . . . Master . . . please teach me!

You are stating you are not an attorney, but if I had an immigration attorney with your knowledge and your writing skills, I would have happily paid the retainer.

Here's a point I'd like to throw into this very interesting discussion. Just my thoughts, if you will, to learn and to absorb.

I'd like to assume that the Lady from Russia entered the marriage in good faith. Said marriage failed very quickly, she moves in with her daughter. Husband (and sponsor) files for divorce but otherwise sits put and the time for ROC via I-751 comes up, whether premature or not doesn't matter here. USCIS denies application. Case goes to court. Status quo.

The judge has to determine whether or not the marriage was entered in good faith. But don't you think--and that's my question here--that at least a large part of the judge's decision would be how established the applicant's roots in the US are and whether or not sending the applicant back to his/her home country would imply a hardship?

If so, somebody who lives in the US for a longer time, has a good job, perhaps a child who is a USC has much better chances to stay than somebody who can't show such ties, don't you think?

Thanks, I think... No emoticons, so I assume you're not being facetious.

D.M. is correct, presuming the application is for a waiver based on good faith or extreme cruelty. Extreme hardship is a completely different animal.

Ties to family in the US and length of time in the US are two of the factors which have been established by the Board of Immigration Appeals when determining eligibility for an extreme hardship waiver. USCIS acknowledges that any immigrant being deported is going to suffer hardship. To be considered "extreme", the hardship must be from a situation that has occurred after the immigrant became a conditional resident, and it has to rise far above the degree of hardship that would normally be suffered by an immigrant being deported. This is a pretty tall hurdle to jump, especially if the immigrant has no children from the marriage (children born before the immigrant became a conditional resident are not considered when determining extreme hardship), and the immigrant has no job, or other standing in the community.

Some attorneys recommend applying for the hardship waiver while the divorce is pending, just to postpone the removal proceedings. This application can be withdrawn when the divorce is final, and a good faith waiver submitted in it's place.