paying back welfare

[elkfarmer 4]

US citizen married to LPR. She became pregnant from one of her men friends. Now lost baby. I can not have children and no intimacy in over a year. She started meeting men a month after she arrived in USA, July 2009. She wants to divorce me and go on welfare for her and her two LPR sons. They have a co-sponsor. She wants her hospital and GYN bill paid by medicaid and state funding.(about $15,000). I'm on social security and we are barely able to make it. She makes very little money and quite her regular job, so she could go to Cancun with her Mexican boyfriend. They have now split up, but she does not love me anymore. Her green card expires in July 2011. I will not renew it. What are my options here? If I give her a divorce, will welfare come after me to repay them and the medcaid bill for her prenancy ? God I was duped for a green card.

[YuAndDan 153]

Only 5 ways I-864 responsibility is removed.

1. US Citizen Sponsor Dies
   
2. Green-card holder naturalizes and becomes a US Citizen.
   
3. Green-card Holder dies.
   
4. Green-card holder works and is credited with 40 quarters of work. (~10 years)
   
5. Green-card holder leaves the USA and gives up LPR status.
   

Divorce is not one of them.

Yes the .GOV can come after you for any means tested benefits used by the person you sponsored.

Also if you do divorce, green-card holder can file to remove the conditions with a waiver to the joint filing requirement.

A separation would be better, removal of conditions while still married is much harder if still married and requiring joint filing.

MORE: http://www.murthy.com/news/n_marpro.html

Edited December 23, 2010 by YuAndDan

[Deputy Purple 1,294]

Well LPR can't get means tested benefits until they've been LPR for 5 years right?

She's not even been an LPR for 2 years yet so how would she qualify for means tested benefits?

If you legally separate from her shortly before she needs to file ROC and hold off actually filing then her LPR status would lapse. I wonder if that would be enough of for her to try to remove conditions claiming that you're withholding Immigration Benefits as a form of abuse. I mean she could always file for divorce instead of waiting for you to do it in which case you'd try to drag it out with a lawyer I guess but how could she claim abuse if you're separated and moving towards divorce as your support of ROC for her & her kids would be fraudulent but at the same time you're entitled to due process in the divorce.

BTW, does she have evidence of a bona fide marriage?

Edited December 23, 2010 by Bob 4 Anna

[Tahoma 2,292]

God I was duped for a green card.

It's my understanding that you will not be liable since it's a case of fraud.

Notify ICE about the fraud right away.

[YuAndDan 153]

It's my understanding that you will not be liable since it's a case of fraud.

Notify ICE about the fraud right away.

That too, get it documented about problem marriage, this can and does cause problems when removing conditions..

Well LPR can't get means tested benefits until they've been LPR for 5 years right?

She's not even been an LPR for 2 years yet so how would she qualify for means tested benefits?

If you legally separate from her shortly before she needs to file ROC and hold off actually filing then her LPR status would lapse. I wonder if that would be enough of for her to try to remove conditions claiming that you're withholding Immigration Benefits as a form of abuse. I mean she could always file for divorce instead of waiting for you to do it in which case you'd try to drag it out with a lawyer I guess but how could she claim abuse if you're separated and moving towards divorce as your support of ROC for her & her kids would be fraudulent but at the same time you're entitled to due process in the divorce.

BTW, does she have evidence of a bona fide marriage?

A person with a 2 year conditional green-card is a LPR just one with conditions.

And yes many state welfare departments do not discriminate between citizens and LPR, the wont deny means tested benefits.

[Deputy Purple 1,294]

And yes many state welfare departments do not discriminate between citizens and LPR, the wont deny means tested benefits.

Heck, I'm sure it isn't too difficult for illegals to get those benefits (see enough of them on medicaid, food stamps section 8 housing etc around here) so that wouldn't surprise me too much.

[elkfarmer 4]

Here is my proof of fraud: She arrived USA July 2009 and we were married March 2008 in Colombia. 1. She is on many websites trolling for a man. Zoosk, Latin Cupid, Colombian cupid. printed her profiles. Never stopped looking. Says she is a widow.

2. printed profile of one man she has been seeing since the month she arrived in USA. Sept.2009 They still talk. She knew him when she was stll in Colombia waiting for visa, and contacted each other within a month of arriving.

3. photos of her and her then Mexican American boyfriend in Cancun last summer. June 2010, very incriminating photos. He sent me the photos

4. Her doctor bill from the gynacologist. felopian tube pregnancy. total $15,000. (she told me it was appendectomy.) Am i stupid ??

5. birthday card from her two men friends for two years and other cards.

6. I will grab her computer if Immigration wants to see it.

7. Immigration told me to cancel her CR-1 and not renew the I-751. Also told me to watch out for spousal abuse charge. trying to cover my a$$.

I had print outs of her chat sessions saying she did not like her husband within a month of arriving in USA and professed liking her one lawyer friend and wanted to be with him. Yes she bilks money from him too. Her boys found that evidence and destroyed it.

She is a piece of work! Black widow.

[belinda63 3,038]

It seems you have already spoken with ICE(?) now you need to follow-up with this and provide hard-copies of the proof you stated in your last post. It will be up to them to determine if this is fraud or not and what steps to take in regards to her green card.

Unless and/or until Immigration determines she committed marriage fraud you and the co-sponsor are on the hook for any means tested benefits she and/or the children might receive.

[Deputy Purple 1,294]

Immigration told me to cancel her CR-1 and not renew the I-751. Also told me to watch out for spousal abuse charge. trying to cover my a$$.

Well you can't cancel her CR-1, the Visa was done with the moment she used it and once the Green card is issued you can't pull your Petition or Affidavit of Support.

The best way to protect yourself from a false VAWA claim is to get legally separated ASAP and physically separate from her then never [ever ever ever] be alone with her again.

I do hope you've provided ICE with hard copies of the evidence you mentioned. Also, maybe before the physical separation grab an image of the computer's hard drive so you can browse through it for additional evidence. BTW you can get some really good data recovery software to undelete data from a hard drive so you might just want to clone the drive and keep the original [placing the clone in the PC].

[Eric-Pris 1,606]

Says she is a widow.

I would separate from her as she may have other plans for you. Seriously.

[Robert87 2]

It seems you have already spoken with ICE(?) now you need to follow-up with this and provide hard-copies of the proof you stated in your last post. It will be up to them to determine if this is fraud or not and what steps to take in regards to her green card.

Unless and/or until Immigration determines she committed marriage fraud you and the co-sponsor are on the hook for any means tested benefits she and/or the children might receive.

0

I know I am completely out of topic here, but who is ICE? is that a person? govt agency? group? or something? i am sorry,i am new in this site and i am not so famliar with everything. if ICE is an abbv. please enlighten me. thanks

[rlogan 2,036]

Immigration and Customs Enforcement.

[AlexJane 2]

She may even be reading this post takecare and Godbless!!

[Wayne and Claudia 40]

Walk carefully and escape the soonest you can.

[YuAndDan 153]

I know I am completely out of topic here, but who is ICE? is that a person? govt agency? group? or something? i am sorry,i am new in this site and i am not so famliar with everything. if ICE is an abbv. please enlighten me. thanks

Part of Homeland Security. ICE, CBP, USCIS

ICE = Immigrations Customs Enforsement http://www.ice.gov/

CBP = Customs and Border Protection http://cbp.gov/

USCIS = United States Citizenship and Immigration Services http://www.uscis.gov/