POST Conditions Removed - Fraud Discovered - What to do?

[WorldTraveler 0]

Hello,

I have uncovered that my wife had commited Adultry while she was married to me in China, K3 VISA was approved, Conditions removed in December 2009 and a daughter born in the US as the result.

Here is a brief timeline. Sorry I cannot write much now as this eating me inside and out. I don't believe she is aware what I already know and I am just playing the game until I am ready to act.

We were married in March 2006 and I petitioned her under the K3 process. Her K3 was eventually approved and she arrived in the US in May 2007. We had a daughter about 6 months after she arrived. If I count the timeline of when my daughter was born, it would have fallen somewhere in that time frame I was there so I didn't think much of it. Of course, the adultry had taken place during that time frame. Going through the whole K3 process she received the Pernament Resident Card this past December 2009. She went back to China recently in March 2010 but she seemed to be different person which came back which made me suspicious. This led me to finally have a basic DNA test performed which turned to negative, I NOT being the father.

What I am hearing she married me to get the greend card, eventually citizenship so she can divorce me and petition the real father over.

Would Immigration see this marriage as a fraud? What are still my obligations? I am the process of getting the required evidence (and getting another DNA test for court/Immigration admissible evidence) and divorce but what about Immigration? I want to be as ready legally as possible before I do my reveal.

I live in the state of Illinois so if anyone has suggestions on what I should be doing or not, please post it here.

Thanks all in advance,

Burnt heart!

[WorldTraveler 0]

Sorry all...I don't want to confuse anybody. I should have stated:

I have uncovered that my wife had commited Adultry while she was married to me in China, K3 VISA was approved, daughter born in the US as the result, conditions were removed in December 2009.

Thanks all,

Burnt Heart!

[sachinky 465]

I just wanted to say I'm so, so sorry for the situation you find yourself in. I can't even imagine what you're going through.

If she has her 10 year GC, I'm afraid there's not much you can do apart from divorcing her ASAP and contacting ICE.

Others will come along and offer more concrete legal/immigration advice.

[TracyTN 237]

If you think it's fraud, then it likely was. Report her to ICE (scroll to the bottom of every VJ page for the disclaimer, where you'll find a phone number and link) and let them determine that. When you decide to contact them is up to you. Having the DNA proof is probably a good ball to have in your court when you do phone them.

I'm going to move this thread from the removing conditions forum to the 'effects of family changes' forum as well, as it appears she already has her 10 year green card.

[Deputy Purple 1,294]

Well, first things first...

Get your life back, the immigration stuff should be secondary for now. Divorce and fight child support based on the DNA evidence. I assume your reason for divorce will be something to state that she entered in the marriage fraudulently. Heck, I'd even fight spousal support on those grounds.

The good news for you is that she'll need to work in order to sponsor her other guy so that would reduce the chances of her seeking means tested benefits.

Regarding the possibility of Immigration Fraud, after the divorce is done, contact ICE with any evidence you have that supports this belief.

[Anh map 2,098]

From what you are telling us consulting a qualified family law attorney would be the first step to evaluate your options regarding the divorce and parentage.

An experienced immigration attorney can help you with questions regarding fraud and the Affidavit of Support, etc.

Best of luck to you.

[Bobby+Umit 161]

Unless the immigration is proven to be fraudulent, and she is sent home, your obligations would still be in effect (the 864) - divorce does not remove that.

She doesn't have to wait to be an USC to bring that other guy over, she could marry as an LPR and bring him. (that is, after she divorces you).

I haven't seen anywhere where "adultry" is considered grounds for immigration fraud - unless there is more evidence, that in itself would not result in much towards this end.

Since she has a greencard, the only thing you can do for sure is to divorce her, and inform USCIS of your concerns - they will proceed from there.

Talking to a divorce lawyer would be prudent. (if she had this planned - who knows what will happen).

[BrianinAZ 0]

I don't know the specifics of Illinois law so you should contact a good divorce lawyer. As for her immigration status I think you have an uphill battle. To affect her immigration status you would have to have evidence that she entered into the marriage intending only to gain residence in the country. (something like correspondence with her lover saying something like our "our plan is working, I've got my green card so it won't be long until I can get rid of this jerk and I can sponsor your immigration"). Just because she cheated on you dosen't prove she fraudlently entered into the marriage. So, she had an affair. Lots of people in legitimate marriages do. Heck she could claim she was raped and didn't want to tell you. The fact that you were only married 3 or 4 years and the child isn't yours will likely help you in civil divorce proceedings with spousal support and child support but it won't get you out of the support you agreed to when you signed the I-864 form. If she understands that then you're on the hook for 10+ years of support at 1 1/2 times the federal poverty level for her and if you signed one for the kid for the kid also. If the kid was born here and you didn't sign an I-864 for her you can probably dodge that. My advice is get a very good lawyer and be real nice to her and try to convince her to go back to China to be with her family. That's about the only way for you dodge the I-864 support if she persues it. If she isn't aware of the significance of the I-864 and you push the immigration thing she maybe forced to consult with an immigration attourney he/she will likely point out to her what she is due under the law and you may find yourself supporting her for a decade or more.

[Rob and Jill 82]

First and foremost you need a family attorney. Are you aware that if you are on the birth certificate, whether she lied to you or not, you could still be financially responsible for the child? Furthermore, are you still willing to be Dad when you potentially have to pay child support to a woman who lied to you about a child?

You need a lawyer and you need one NOW.

[Brother Hesekiel 2,236]

You are dealing with two different issues:

1) your marriage and your (wife's) daughter

2) your wife's immigration

1) If you feel betrayed to a point that you don't want to continue this marriage, file for divorce. Contest fatherhood to the girl with DNA proof that you can't be the father, although in some States, the husband of a couple receiving a child is legally the father anyway. I don't know Illinois divorce law, so I don't know if they have fault/no fault divorces.

First and foremost, however, you should take to your wife in a calm manner to find out her side of the story.

2) Immigration wise, you have suspicion but really no case that your wife has committed immigration fraud. You can spend a lot of time building a case, writing letters and so on, but it will eat you up from the inside out and most likely lead to nothing.

[Filipinawife0210 15]

First and foremost you need a family attorney. Are you aware that if you are on the birth certificate, whether she lied to you or not, you could still be financially responsible for the child? Furthermore, are you still willing to be Dad when you potentially have to pay child support to a woman who lied to you about a child?

You need a lawyer and you need one NOW.

If you have DNA proving you are not the father, you can go to court to have your name removed from the birth certificate. Seen it done many times.

[Happychap 0]

Im sure the situation is already eating your insides out. As already suggested; you should file for a divorce and remain calm and focused. As she already has her 10 yr card i very much doubt USICS would do anything. Firstly, you would need to prove that the marriage was entered fraudulently. Adultery itself isn't fraud as she could of still married you with the intent of a legitimate marriage. She will just say she got unhappy with the marriage and therefore cheated. Even if you did have enough evidence beyond probable cause that it was a fraudulent marriage and even IF USICS listened to you (and not lost any of the info you sent them - after all think about it? we as paying customers get our files lost all the time) it would be unlikely to be ICE priority yo chase her down, as their priority is to chase down hard illegal criminals.

My suggestion is to take it as a lesson learnt. Don't try and get back at her in a callus way, after all it will bring you more stress later on down the road. Confirm through DNA whether you are the legitimate father for the child or not. Go through divorce proceedings and continue on with your life with an harsh lesson learnt and your head held high.

[Utha 10]

Do ur best to defend yourself and take your rights, after all, dont worry God is fair. One day she will get the fair payback for her immoral behaviour. Karma is exist.

[Lars-N-Yenia 8]

You are dealing with two different issues:

1) your marriage and your (wife's) daughter

2) your wife's immigration

1) If you feel betrayed to a point that you don't want to continue this marriage, file for divorce. Contest fatherhood to the girl with DNA proof that you can't be the father, although in some States, the husband of a couple receiving a child is legally the father anyway. I don't know Illinois divorce law, so I don't know if they have fault/no fault divorces.

First and foremost, however, you should take to your wife in a calm manner to find out her side of the story.

2) Immigration wise, you have suspicion but really no case that your wife has committed immigration fraud. You can spend a lot of time building a case, writing letters and so on, but it will eat you up from the inside out and most likely lead to nothing.

[Ak+Tk 0]

WorldTraveler! Best of luck! through this hard time