Deportation after divorce, it is possible?

[Sugary 0]

We got married back in late 2007 and had my first pregnancy in 2007 December. Unfortunately, I had miscarriage after my 1st trimester. On August 2008 I got pregnant again and for the second time, I had the most painful day of my life on my 5th month, another miscarriage. My husband wasn't there with me because of his job duty. After that event, I would say that our relationship changed. Then I met a guy online and the rest is history. To make the story short, I cheated on my husband and he found out about it. He ask me to leave the house so I left. After few months he asked me back and we got back together. But since I got back here in our house, he just never stopped calling me names because of what I did and accused me of killing our babies. And that was the point I decided to just divorce him. Today, we are signing the papers and he's telling me that after all the divorce is done, he will deport me.

Is that possible for him to deport me after the divorce is final?

I am holding a 2-yr GC and it will expire on July 2010. Can I still file for removing of conditions after all that happened or he can ban me for getting one?

[freetv 7]

We got married back in late 2007 and had my first pregnancy in 2007 December. Unfortunately, I had miscarriage after my 1st trimester. On August 2008 I got pregnant again and for the second time, I had the most painful day of my life on my 5th month, another miscarriage. My husband wasn't there with me because of his job duty. After that event, I would say that our relationship changed. Then I met a guy online and the rest is history. To make the story short, I cheated on my husband and he found out about it. He ask me to leave the house so I left. After few months he asked me back and we got back together. But since I got back here in our house, he just never stopped calling me names because of what I did and accused me of killing our babies. And that was the point I decided to just divorce him. Today, we are signing the papers and he's telling me that after all the divorce is done, he will deport me.

Is that possible for him to deport me after the divorce is final?

I am holding a 2-yr GC and it will expire on July 2010. Can I still file for removing of conditions after all that happened or he can ban me for getting one?

First of all "he" can't do anything, as far as your future in America he has no part of it. USCIS will now become your number one concern, not him. If you want to stay you have to prove that you married him for all the right reasons and prove you didn't for all the wrong reasons. If you can do it, it doesn't matter if your still married or not.

[sachinky 465]

You can file for ROC even if you're divorced. However, the divorce would need to be final and you'd need to be able to prove that you married your husband in good faith.

[candelari 0]

You can file for ROC even if you're divorced. However, the divorce would need to be final and you'd need to be able to prove that you married your husband in good faith.

Please collect all the evidence from the marriage, bills, lease, bank accounts, insurance cards,tax returns, pictures etc.... rest will not be so difficult. He doesn't have authority to deport you. Just ignore him. Sorry to hear that things didn't work out for you, wish you the best!!!!!

Edited December 3, 2009 by ebruli

[3600rs 24]

You can file for ROC even if you're divorced. However, the divorce would need to be final and you'd need to be able to prove that you married your husband in good faith.

To the OP:

Under the new rules you can file for ROC even if NOT divorced. You DO NOT need the divorce to be final. Good faith is needed under all kinds of waivers. Check the USCIS new memo to this regard, it should be in one of the threads.

[3600rs 24]

In addition, he cannot deport you, its the ICE who deports. And yes, you can file, he cannot ban you. He can defame you all he wants, but its your good faith evidence that will turn your conditional status to unconditional.

[Darnell 8,479]

the usc spouse would have to have evidence of visa fraud, then submit the evidence to ICE, and then ICE accept it, have a hearing, then ICE decide to deport you.

The USC spouse cannot deport, but he can file claim of visa fraud. It's up to ICE to take action on his filing.

Good luck, however it goes...

[Nubby 0]

Hi Sugary

No, it is not possible for him to deport you! He will make threats like this because he is just too immature. Just like my husband whom im currently seperated from.

After a lot of stress and worry about what the USC spouse can do - really..they cant do anything! Even my USC spouse's many girlfriends who have all threatened to report me to Immigration based on my husband telling them stories!! But what they all dont realise is, that we married for love - truly and honestly.... then the b*stard cheated.

But long story short - as like everyone else has said, make sure you get all the evidence of your marriage to show that you married in good faith and not to evade the immigration laws. You can then file for the I-751 waiver (this is what I will be doing in about 1 years time!).

Do you have your doctor reports about the 2 miscarriages?? (Sorry to hear about this..) You should try and get these and include as part of your evidence to show that you wanted to have a family with him.

I hope everything works out. Keep us posted.

[Sugary 0]

Thank you everyone.

Do you have your doctor reports about the 2 miscarriages?? (Sorry to hear about this..) You should try and get these and include as part of your evidence to show that you wanted to have a family with him.

Yeah, I got both of them. And some of the proofs that I might include in the packet.

Again, I appreciate the responses.