Notifying USCIS?

[laura819 0]

It has been quite awhile since I posted here, and I really never thought I would be posting in this section. My now ex-husband and I had basically a dream K-1 and AOS process..really, really fast. After he came over here though, things just got worse and worse. Eventually, through some pretty horrible experiences, it became very clear that he had some mental and emotional issues that needed to be dealt with. However, he decided that leaving me, getting a divorce, and going back to England was what he wanted instead. When he left, he said he would never be coming back to the US, but kept his green card anyway. Now, he is talking about trying to come back and basically lying to USCIS about being divorced in order to try and remove conditions. I know this wouldn't work, but I don't even want it to get to that point. I honestly am really scared about what could happen if he comes back, and want to make sure USCIS (and whoever else needs to) knows we are divorced.

Do I just send USCIS a letter stating that we are divorced, and the divorce decree? Are there any sample letters floating around?

Do I send this letter to where we filed for K1, AOS, or somewhere different?

I want to let USCIS know as soon as I can, to hopefully avoid anything worse happening. I do have some posts that he made on another immigration forum stating that he doesn't want to tell USCIS about the divorce...should I include these in my letter?

Is there anything else I need to do that I am not thinking of?

Thank you in advance for any help you can give me..

[YuAndDan 153]

As I say in many posts, all you can do is state your case tell your side of the story to DHS.

Http://www.ice.gov

Keep in mind once divorce is final there is nothing from stopping a conditional green-card holder from filing I-751 with waiver of joint filing requirement claiming entered marriage in good faith. Note once divorced, the green-card holder does not need to wait until within 90 days of the card's expiration, they can file it as soon as divorce is final.

So make your report, and then have to move on, nothing else can be done.

[laura819 0]

As I say in many posts, all you can do is state your case tell your side of the story to DHS.

Http://www.ice.gov

Keep in mind once divorce is final there is nothing from stopping a conditional green-card holder from filing I-751 with waiver of joint filing requirement claiming entered marriage in good faith. Note once divorced, the green-card holder does not need to wait until within 90 days of the card's expiration, they can file it as soon as divorce is final.

So make your report, and then have to move on, nothing else can be done.

Thank you for the reply. So I only file with ICE? Anywhere else?

I understand he can file to remove conditions immediately, which is one reason I want to make sure I let whoever needs to know, know asap. From what I have read for evidence that shows "good faith", he doesn't have access to any of those things. The only thing he could get would be our ONE joint tax return and I highly doubt he knows how to do that, since I have the paper copy.

I just want to know that I have done everything I can. I won't stress about anything more. If I let ICE know, and then he tries to come back in on the green card, is that allowable?

[YuAndDan 153]

Thank you for the reply. So I only file with ICE? Anywhere else?

I understand he can file to remove conditions immediately, which is one reason I want to make sure I let whoever needs to know, know asap. From what I have read for evidence that shows "good faith", he doesn't have access to any of those things. The only thing he could get would be our ONE joint tax return and I highly doubt he knows how to do that, since I have the paper copy.

I just want to know that I have done everything I can. I won't stress about anything more. If I let ICE know, and then he tries to come back in on the green card, is that allowable?

If out of country 6 months or longer, and ties returning with green-card with ICE alerted, the may stop and question. But who knows what they will do.

I would for piece of mind get a lawyer involved when notifying ICE about this, this may just make it harder to remove the conditions.

[amykathleen2005 441]

Unless you suspect that there was immigration fraud than there is nothing you or ICE can do. If he came to the US with intentions to marry you, he did and things just didn't work out then he is perfectly able to remove conditions without you (which may or may not be approved).

[laura819 0]

Unless you suspect that there was immigration fraud than there is nothing you or ICE can do. If he came to the US with intentions to marry you, he did and things just didn't work out then he is perfectly able to remove conditions without you (which may or may not be approved).

Well, I do suspect that he used moving to the US (me) as a way to escape a "horrible" England, only to discover he thinks America is "horrible" too...(which makes him wanting to come back even more ironic...he hated it here, so he went back, and now he hates it there again I guess and wants to be back here). But, I don't have "proof" of that, and even if I did I don't think it constitutes immigration fraud...

[VanessaTony 3,567]

There is a thread somewhere here on VJ where a girl served her husband with divorce papers when he landed in the US. Now obviously that parts different because you're already divorced BUT there was part that i think relates to you..

Because the airport knew that was happening (can't remember why) as soon as he was served he was detained by ICE because, the "condition" on the conditional greencard is that he is married to you. If he's not married to you then he is breaking the rules.

Normally he would file for ROC with the divorce decree and have the conditions removed (before even encountering ICE and the issues there). He doesn't need to wait for his 2 year deadline to do this. So by not filing for ROC yet, and by you reporting to ICE that you're no longer married and that he's left the country, MIGHT flag his GC so that when he tries to enter he will have it revoked and have to go before an immigration judge to plead his case. Now this DOESN'T mean that he can't ROC. The judge could decide that he's permitted the chance to try and ROC.. you never know.

I'm not saying he deserves this of course, but you ARE divorced and you do nothing wrong by reporting that. If he makes it into the country and whatever else, that's not your concern any more. You did the proper legal thing, you followed the rules. And if it's determined that he didn't then he's gone. If they determine he did then he stays.

I'm sorry it didn't work out. Best of luck to you.

[juliava 80]

The main question is - for how long has he been living out of US?

If he has been living in England for less than 1 year , I would say he may come back to US as he hasn't lost his permanent residency yet.

Also, keep in mind that even divorced - he may lift his conditions on his own and get his 10 years GC. He doesn;t need to be married in order to do that.

[mystic 11]

If he doesnt have any conviction and can prove he entered into the marriage in good faith then there isnt much you can do, just call uscis and talk with them, they will instruct you exactly what you need to do. if you have any proof he didnt enter into the marriage in good faith be sure to send it in with the divorce papers, but call uscis first as well as us border and protection, this is a different number than ICE

[olympic 0]

What you describe must have involved the former Immigration Act of 1990 that conditioned the filing of a "marriage terminated" waiver on the conditional resident alien being the moving party in the matrimonial. This is no longer required if the marriage was entered into in good faith.

The conditional green card remains valid even after the marriage ends.

There is a thread somewhere here on VJ where a girl served her husband with divorce papers when he landed in the US. Now obviously that parts different because you're already divorced BUT there was part that i think relates to you..

Because the airport knew that was happening (can't remember why) as soon as he was served he was detained by ICE because, the "condition" on the conditional greencard is that he is married to you. If he's not married to you then he is breaking the rules.

Normally he would file for ROC with the divorce decree and have the conditions removed (before even encountering ICE and the issues there). He doesn't need to wait for his 2 year deadline to do this. So by not filing for ROC yet, and by you reporting to ICE that you're no longer married and that he's left the country, MIGHT flag his GC so that when he tries to enter he will have it revoked and have to go before an immigration judge to plead his case. Now this DOESN'T mean that he can't ROC. The judge could decide that he's permitted the chance to try and ROC.. you never know.

I'm not saying he deserves this of course, but you ARE divorced and you do nothing wrong by reporting that. If he makes it into the country and whatever else, that's not your concern any more. You did the proper legal thing, you followed the rules. And if it's determined that he didn't then he's gone. If they determine he did then he stays.

I'm sorry it didn't work out. Best of luck to you.

[VanessaTony 3,567]

What you describe must have involved the former Immigration Act of 1990 that conditioned the filing of a "marriage terminated" waiver on the conditional resident alien being the moving party in the matrimonial. This is no longer required if the marriage was entered into in good faith.

The conditional green card remains valid even after the marriage ends.

I don't exactly know what you're trying to say in the first paragraph.

I never said the greencard wasn't valid after someone is divorced on a conditional card but the condition is (and STILL is) that you are married to your USC. If you are divorced you need to file ROC asap. This is in the current rules. It used to be you couldn't file ROC (even when divorced) before the 90 days for ROC, however because it was found that you're violating the terms of your conditional card by being divorced, they allow you to file earlier if you're divorced.

If you're divorced and pulled up by ICE and are still are on a conditional card you WILL have issues. You're unlikely to get deported but you will more than likely be detained and more than likely told to file ROC. I am not divorced, I'm not in that situation so I can't say for 100% certainly what the judges would do but based on the story I described, and other conversations on this topic over the years I've been here, I know that if you're divorced you need to file ROC asap if you want to be safe. ICE isn't going to find you unless your spouse is spiteful and tells them but.. whatever.

I will tell you my "story" is from either 2009 or early 2010.

[olympic 0]

I mean, merely being served with divorce papers does not affect your status - you can read INA 216 for more details. However, back in the late 80's there used to be a requirement that the marriage be terminated for "good cause" in order for the immigrant to remove conditions. The law required that, for conditions to be removed after a divorce, the moving party filing for divorce should be the conditional LPR. The old statute is consistent with the story that you describe - it used to be that an initial filing for divorce by the US spouse precluded removal of conditions.

Because this created a race to the courthouse, the statute has since been revised. Read here for a historical analysis if you are curious.

I don't exactly know what you're trying to say in the first paragraph.

I never said the greencard wasn't valid after someone is divorced on a conditional card but the condition is (and STILL is) that you are married to your USC. If you are divorced you need to file ROC asap. This is in the current rules. It used to be you couldn't file ROC (even when divorced) before the 90 days for ROC, however because it was found that you're violating the terms of your conditional card by being divorced, they allow you to file earlier if you're divorced.

If you're divorced and pulled up by ICE and are still are on a conditional card you WILL have issues. You're unlikely to get deported but you will more than likely be detained and more than likely told to file ROC. I am not divorced, I'm not in that situation so I can't say for 100% certainly what the judges would do but based on the story I described, and other conversations on this topic over the years I've been here, I know that if you're divorced you need to file ROC asap if you want to be safe. ICE isn't going to find you unless your spouse is spiteful and tells them but.. whatever.

I will tell you my "story" is from either 2009 or early 2010.

Edited February 5, 2011 by olympic

[VanessaTony 3,567]

I mean, merely being served with divorce papers does not affect your status - you can read INA 216 for more details. However, back in the late 80's there used to be a requirement that the marriage be terminated for "good cause" in order for the immigrant to remove conditions. The law required that, for conditions to be removed after a divorce, the moving party filing for divorce should be the conditional LPR. The old statute is consistent with the story that you describe - it used to be that an initial filing for divorce by the US spouse precluded removal of conditions.

Because this created a race to the courthouse, the statute has since been revised. Read here for a historical analysis if you are curious.

Ohhh... well that has nothing to do with the OP or what I was saying so now that you've explained it your post makes more sense My story directly related to her wondering if her letting USCIS know they are getting divorced (not that she filed for divorce specifically) would stop him from re-entering. In the case I described it did.

The only caveat I would place on it not mattering any more is for people from the Philippines. While in terms of immigration who files for divorce is irrelevant, Filipino women who want their divorce recognised in their home country cannot initiate the divorce.

Edited February 5, 2011 by Vanessa&Tony

[JimVaPhuong 4,863]

What you describe must have involved the former Immigration Act of 1990 that conditioned the filing of a "marriage terminated" waiver on the conditional resident alien being the moving party in the matrimonial. This is no longer required if the marriage was entered into in good faith.

The conditional green card remains valid even after the marriage ends.

The conditional green card remains valid only until USCIS terminates it, which they are compelled to do if they discover the divorce. You mentioned INA 216 in your other post:

(b) Termination of Status if Finding that Qualifying Marriage Improper.-

(1) In general.-In the case of an alien with permanent resident status on a conditional basis under subsection (a),

if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that

-

(A)

the qualifying marriage

-

(i) was entered into for the purpose of procuring an alien's admission as an immigrant, or

(ii)

has been judicially annulled or terminated

, other than through the death of a spouse; or

(B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) or 1/ subsection (d) or (p) of section 214 with respect to the alien;

the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination

.

I do vaguely remember the VJ member Vanessa is referring to, but I don't recall the details. I thought they were already divorced when her husband tried to return to the US. Dunno. I'll try to dig up the thread.

[laura819 0]

Thank you for all of your help. I am still getting the things together to send to USCIS/ICE. Just to clear it up...the divorce is final, not just filed for it. He has been out of the US since October 9th.