divorcing after 6 mos,what to do?

[1HappyGuy 45]

If you own the home, then definitely do not leave your house. If it is just a rental, then move out your stuff, leaving her with minimal contents. By all means contact USCIS and tell them the situation. Then contact a divorce attorney and hopefully one that is familiar with immigration and the Violence Against Women Act (VAWA).

You did nothing wrong but your are in jeopardy. If necessary get someone else to move into the place to corroborate that you have not been abusing her.

Do these things now, don't wait. Time is not on your side. And you are still responsible for supporting her, so document what you do and when.

[zenaxe 22]

She has her green card now. I guess that she thought that was all that she needede but then found out that she had to stay married for 2 years so now she is trying to do what she can to stay.

I expect that the next thing is ask if we can work things out. I think that now that I know what is goinjg on there is no hope for that.

What is VAWA? Who do I call? I tried the # that I had but can't talk to anyone. Do you have a # that I can call?

Thanks, I am going crasy!!

Well in first reading your posts it came across as the marriage was falling apart before the green card was given. So if she has been given the green card then I don't think there's too much more in terms of you blocking this. The green card is a CR1 as you were married less than two years and it's not the adjustment of status issue AOS as that doesn't apply if she was issued the green card, but it's the removal of subjects. The green card for those married less than two years means that it's conditional. But marriages that weren't fraudulent end in divorce and people with those green cards can still apply for removal of conditions without having the marriage intact if in fact it started in good faith but unfortunately for whatever reason, ended.

And you still are the sponsor (I 1864) - divorce does not take you off the support hook.

You may want to seek the advise of legal counsel and go from there. But if she's been issued the green card then the only other thing is the removal of conditions which she will likely be able to get without the marriage being intact - they will be asking questions but to say it was marriage fraud means they'll need to be evidence of fraud rather than saying that because the marriage fell apart.

Sorry to hear that for you guys and I hope you can make all of this work out for the better, whatever that is. That sucks.

Good luck to you guys.

[mike&andi 0]

lol dude dont let it go that way stay in your house )

yes, trying to find a way to stay in my house. trying to stay cool.

going to see ICE tomorrow.

thanks for the support!

[MRStee 19]

Sorry that you are going through all of this

[Deputy Purple 1,294]

Do you have any e-mails or sms from her where she says she wants to remain together just for the greencard?

Unless you've got a smoking gun you probably won't be able to effect her greencard.

That said you should still get her out of your house & file the divorce. Maybe you can convince her that if you are the petitioner in the divorce then USCIS won't suspect her of anything.

[SuperDuper! 230]

If you own the home, then definitely do not leave your house. If it is just a rental, then move out your stuff, leaving her with minimal contents. By all means contact USCIS and tell them the situation. Then contact a divorce attorney and hopefully one that is familiar with immigration and the Violence Against Women Act (VAWA).

You did nothing wrong but your are in jeopardy. If necessary get someone else to move into the place to corroborate that you have not been abusing her.

Do these things now, don't wait. Time is not on your side. And you are still responsible for supporting her, so document what you do and when.

What he said!

And try to fly her back home as quickly as possible.

Good luck!

[KansasJayhawk 1]

email me

I have personally went through a visa fraud before. Time is impotant here, tick tock...look for my email and I will explain the things you need to do step by step from now to the end.

[Fandango 1,440]

If you report what you have told so far, about her intentions regarding your marriage, and her plans to live in separate rooms to USCIS and/or ICE, I am almost positive something will happen, maybe even revoke her benefits right away... It is clear she duped you, so I suggest you listen to the advice given by fellow posters. DO NOT disclose anything to her about your plans to avoid a counter move... Things can get hairy real quick when dealing with these delicate matters.

Of course, this is up to you, the choice to go on or not lies with you. Good luck.

'almost positive something will happen'...give me a break, that's purely hearsay at this point...watch out for promising things that may not happen.

[Fandango 1,440]

And try to fly her back home as quickly as possible.

Speaking generally here and not this case specific: I wish people would stop thinking this way...she's not some merchandise you can just discard when you no longer want it. I'm not taking sides in this fight between husband and wife, it's the concept of 'put her on a plane' that I have serious issues with. Petitioners need to know that it is NOT THAT SIMPLE. You brought this person here, whether it was being duped on your part or not. As far as the I-1864, you are ON THE HOOK for 40 quarters of work (which IS NOT ALWAYS 10 years from the start), until you die, the bene dies, or bene gets citizenship. People need to seriously remember what they sign.

Off on a tangent for another sec: it's funny how I see people complaining bout the processing times ('the gov't is standing in the way of my rights to happiness!) and then when it goes pear shaped, it's 'oooh, let's call ICE to so they can help me get out of this mess by deporting her'

I look at it this way: you asked Mommy and Daddy (the govt) for a puppy. You made all sorts of promises how you were gonna walk the puppy daily, feed it, play with it, etc. You got the puppy! Now, for one reason or another, you and the puppy are not gelling. It's not a case of throwing the puppy in the street....you made the case to get the puppy here, now you need to deal with it.

Oh, and Hopp? In this particular case, she has her GC, so 'flying her home asap' would do nothing more than give her a holiday with her family.

Edited August 25, 2010 by Happy Bunny

[kennym 275]

Speaking generally here and not this case specific: I wish people would stop thinking this way...she's not some merchandise you can just discard when you no longer want it. I'm not taking sides in this fight between husband and wife, it's the concept of 'put her on a plane' that I have serious issues with. Petitioners need to know that it is NOT THAT SIMPLE. You brought this person here, whether it was being duped on your part or not. As far as the I-1864, you are ON THE HOOK for 40 quarters of work (which IS NOT ALWAYS 10 years from the start), until you die, the bene dies, or bene gets citizenship. People need to seriously remember what they sign.

Off on a tangent for another sec: it's funny how I see people complaining bout the processing times ('the gov't is standing in the way of my rights to happiness!) and then when it goes pear shaped, it's 'oooh, let's call ICE to so they can help me get out of this mess by deporting her'

I look at it this way: you asked Mommy and Daddy (the govt) for a puppy. You made all sorts of promises how you were gonna walk the puppy daily, feed it, play with it, etc. You got the puppy! Now, for one reason or another, you and the puppy are not gelling. It's not a case of throwing the puppy in the street....you made the case to get the puppy here, now you need to deal with it.

Oh, and Hopp? In this particular case, she has her GC, so 'flying her home asap' would do nothing more than give her a holiday with her family.

Happy Bunny

Your comments are somewhat confusing. Are you proposing that they work things out?

If this is in fact a case of Visa Fraud as to OP stated, are you saying to try and work things out? If someone marries on false pretenses, it seems to me there's nothing to work out... The marriage is based on a lie. What do you propose to work out?

To me, this kind of lie is one of the worst things someone can do to another person... It's very hard to have much sympathy for that person after you realize what they've done..

If this happened to me, it would be all the generousity I could dig up to pay for a plane ticket to get her back home.. That to me is a gift rather than leave her here in the USA trying to make it on her own and potentially cause havock on your life.. How can you feel that's a bad thing.. She lied to you, ruined your life, to get into the USA. Made you hopeful of having someone to share your life with, then suddenly you find out she isn't in this for love, only for a greencard, how can you expect anyone to muster up a lot of desire to want to work things out? When something like this happens, all that's important at that point is to consider "your" future.. Not your spouse... To protect your future and hopefully have the opporitunity to someday have a real relationship again and possibly need to submit another K1 for a future spouse, you need to consider yourself and what you must do to protect your financial security..

In this case, Happy Bunny, the spouse is still a human being, but the key factor is protecting yourself...

Sorry to seem cold.

Kenny

Edited August 25, 2010 by kennym

[kennym 275]

As far as your puppy analogy, well... That is just B.S.. Puppies are loyal, if it was a puppy, it would be cruel ship it back on a plane, but thankfully, a puppy won't lie to you or ruin you financially, spouses with intention of lying and decieving you to simply take advantage of your generosity and possibly take advantage you using VAWA, you CANNOT compare that to a puppy..

[HappyKnappy 30]

'almost positive something will happen'...give me a break, that's purely hearsay at this point...watch out for promising things that may not happen

There is fraud involved, but anyway, it would take a small IQ to take my statement as a promise, instead of wishful thinking. I am not the authority in charge of these things, but I am sure the OP found it helpful to give ICE a call.

The affidavit of support is serious business, and there's no way in hell it comes with a "you make your bed, and now you lay in it" clause, even less so when the USC was duped.

[HappyKnappy 30]

What Kenny said...

[Fandango 1,440]

Kenny and Knappy -

First of all, I'm not telling the OP whether to stay or go, that is his choice. How in the world would I be one to judge better than him?

Also, I already said 'I'm speaking generally and not this case specific' (did you both miss that???)...I see it here all the time 'put her on a plane, etc' IT'S NOT THAT SIMPLE AND THAT DOESN'T WORK.

And Happy Knappy, you said 'almost positive something will happen'...at the end of the day, that's nothing but lip service, that ICE has heard a million times over....nothing's gonna happen with just anecdotal hearsay, which at this point, unfortunately, is what his allegations are. So your advice worked out to a hill of beans.

If the OP is going to leave his wife, and try to make a case for fraud, the best advice you can give is to get HARD EVIDENCE...you know, something tangible. I don't know what that actually can be, tbh. Perhaps an email, but even those can be altered, so I honestly have no idea what will serve as incontrovertible proof, but that's what the OP needs, not some wishful thinking 'oh something will happen most likely, i'm pretty sure'.

[HappyKnappy 30]

Kenny and Knappy -

First of all, I'm not telling the OP whether to stay or go, that is his choice. How in the world would I be one to judge better than him?

Also, I already said 'I'm speaking generally and not this case specific' (did you both miss that???)...I see it here all the time 'put her on a plane, etc' IT'S NOT THAT SIMPLE AND THAT DOESN'T WORK.

And Happy Knappy, you said 'almost positive something will happen'...at the end of the day, that's nothing but lip service, that ICE has heard a million times over....nothing's gonna happen with just anecdotal hearsay, which at this point, unfortunately, is what his allegations are. So your advice worked out to a hill of beans.

If the OP is going to leave his wife, and try to make a case for fraud, the best advice you can give is to get HARD EVIDENCE...you know, something tangible. I don't know what that actually can be, tbh. Perhaps an email, but even those can be altered, so I honestly have no idea what will serve as incontrovertible proof, but that's what the OP needs, not some wishful thinking 'oh something will happen most likely, i'm pretty sure'.

Well, by now I am sure of something else

Later Happy Bunny.