Wife left after the 1-175

[CFmartin 0]

My friends wife just walked out on him, it was a huge shock for everyone as they seemed like a perfect couple.

They just did the 1-175 after their 2 year mark (from a k-1).

I'm wondering what her status will be, should he report it?

I told him she is probably far enough along to not be deported.

What say you?

[Adil & Jeanne 296]

[i think he needs to report it. 5 years is the timeline.

But see first if she comes back or what the cause is. she could just need time to cool off.

Really you do not give enough information here as to cause she left and when. Battered women are protected.

quote name=CFmartin' timestamp='1308352104' post='4729614]

My friends wife just walked out on him, it was a huge shock for everyone as they seemed like a perfect couple.

They just did the 1-175 after their 2 year mark (from a k-1).

I'm wondering what her status will be, should he report it?

I told him she is probably far enough along to not be deported.

What say you?

[polar1979 4]

Yep, need details behind the curtain here, is your friend abusive or something like that that you don't know about? sorry to ask, but to give the right advice, we need more info.

[Drogs 24]

Your friends wife has the 12 month extension. maybe things will turn around, she can start the waiver on being divorced, as the others say, what circumstances led up to the parting, that has a bearing on how the waiver could work, not much he can do, but she may need legal advice.

[CFmartin 0]

She moved in with another guy that she claims is her friend.

It seems highly unlikely this guy could be physically abusive... she kind of wore the pants as far as I could tell anyway.

[Darnell 8,479]

if they just filed the ROC stuff, sooner or later she'll get some notice of acceptance / receipt notice - it'll have wording in it that extends her green card for a year.

Your friend must know more than he's telling you, or you know more than you wish to write here...

[deidre 13]

well, i wouldnt report it just yet, perhaps there is more to this story then you know...

but yes, its too late to think about deporting her...coz here's the thing....your friend and her entered the marriage into good faith. and like you have said, they already submitted their I-751 paperwork, which shows the co-mingling for the last 2 years of this true marriage. if you report it, the worse that will happen is, she will be called to an interview - she will have to explain what happened to the marriage and also show evidence the marriage was entered into good faith and not to circumvent immigration laws (and she has all the documents to prove this). Once interview is over, the IO will decide her status - either approve her 10-Yr GC or start removal process. And even if they go to remove her, she can appeal the process etc etc....

So... IMO i think its too late in reporting her, because she wont be deported. And then....what would happen if she and your friend got back together and could work things out? so all this reporting would damage their relationship and delay her 10-Yr GC, and potentially put them into more stress than necessary...

Also, if your friend does go ahead to report her, and he also lies and says that they only got married for her to get a visa, just remember HE could get in trouble - 5 years federal prison and $100,000 fine or something like that, for lying to the government and helping someone get a visa by way of fake marriage.

anyways, this is all my opinion....but hope your friend is doing ok though...sorry to hear about her leaving him. its always sad when stuff like that happens.

[CFmartin 0]

well, i wouldnt report it just yet, perhaps there is more to this story then you know...

but yes, its too late to think about deporting her...coz here's the thing....your friend and her entered the marriage into good faith. and like you have said, they already submitted their I-751 paperwork, which shows the co-mingling for the last 2 years of this true marriage. if you report it, the worse that will happen is, she will be called to an interview - she will have to explain what happened to the marriage and also show evidence the marriage was entered into good faith and not to circumvent immigration laws (and she has all the documents to prove this). Once interview is over, the IO will decide her status - either approve her 10-Yr GC or start removal process. And even if they go to remove her, she can appeal the process etc etc....

So... IMO i think its too late in reporting her, because she wont be deported. And then....what would happen if she and your friend got back together and could work things out? so all this reporting would damage their relationship and delay her 10-Yr GC, and potentially put them into more stress than necessary...

Also, if your friend does go ahead to report her, and he also lies and says that they only got married for her to get a visa, just remember HE could get in trouble - 5 years federal prison and $100,000 fine or something like that, for lying to the government and helping someone get a visa by way of fake marriage.

anyways, this is all my opinion....but hope your friend is doing ok though...sorry to hear about her leaving him. its always sad when stuff like that happens.

I know my friend was sincere in the marriage and he found out today, the relationship has been going on for months now, she may or not have, used him to immigrate here.

So, what you're saying is,regardless of her breasking up the marriage she can still remain here?

I don't think he is in a hurry to report, her actually the thought was more mine especially since she has not gotten her new green card yet from when they filed the 1-175.

[Driss&alicia 1]

IMO i wouldn't be so quick to want to report her. Have you talked with her to find out her side of the story? Did they both enter into the marriage with good intentions? Just because a marriage falls apart doesn't mean that she was just out to get a green card. Like others have said, there might be more to this story that you are unaware of (not saying your friend is the bad one) and the final decision to report her if that's what is to happen needs to be your friends decision not yours.

[Casprd 167]

Unfortunately keeping up a charade for 2 or 3 years is not such a long time and it isn't uncommon. What is surprising is the number of people who come to the US and think that is the end and they just bail ou their petitioner. The fact that she publicly "wore the pants in the family" is generally not the norm for asian cultures. Philippines may be different, but then it isn't unusual for an Asian spouse to never show that there are marital problems because of the whole loosing face issue. Again not sure if this is the case for philippines. In any event there is probably more to the story than what is being shared, which we are already seeing as the posts went from "My friends wife walked out" to she now had a 6 month, at least, relationship with a man she is living with now.

There isn't much your friend can do at this point and to be honest I don't think he can even get the affidavit of support voided at this point.

[Darnell 8,479]

Ya, I'm wondering what can be done at the ROC stage, to withdraw something ?

[deidre 13]

Ya, I'm wondering what can be done at the ROC stage, to withdraw something ?

I think at this stage there is no way to withdraw anything. the only thing that could be done is to advise USCIS they have seperated...but what will happen is, they will then send her an RFE or something to "freeze" the case until they get divorced, and then she'll get an interview with USCIS and then they decide from there. but based on the fact that they were truly together for 2 years before the divorce, I would assume the IO would approve her GC.

So, what you're saying is,regardless of her breasking up the marriage she can still remain here?

Yes, exactly right. (Probably not the answer you wanted to hear )

[Adil & Jeanne 296]

Good answer

I agree.

well, i wouldnt report it just yet, perhaps there is more to this story then you know...

but yes, its too late to think about deporting her...coz here's the thing....your friend and her entered the marriage into good faith. and like you have said, they already submitted their I-751 paperwork, which shows the co-mingling for the last 2 years of this true marriage. if you report it, the worse that will happen is, she will be called to an interview - she will have to explain what happened to the marriage and also show evidence the marriage was entered into good faith and not to circumvent immigration laws (and she has all the documents to prove this). Once interview is over, the IO will decide her status - either approve her 10-Yr GC or start removal process. And even if they go to remove her, she can appeal the process etc etc....

So... IMO i think its too late in reporting her, because she wont be deported. And then....what would happen if she and your friend got back together and could work things out? so all this reporting would damage their relationship and delay her 10-Yr GC, and potentially put them into more stress than necessary...

Also, if your friend does go ahead to report her, and he also lies and says that they only got married for her to get a visa, just remember HE could get in trouble - 5 years federal prison and $100,000 fine or something like that, for lying to the government and helping someone get a visa by way of fake marriage.

anyways, this is all my opinion....but hope your friend is doing ok though...sorry to hear about her leaving him. its always sad when stuff like that happens.

[CFmartin 0]

I think at this stage there is no way to withdraw anything. the only thing that could be done is to advise USCIS they have seperated...but what will happen is, they will then send her an RFE or something to "freeze" the case until they get divorced, and then she'll get an interview with USCIS and then they decide from there. but based on the fact that they were truly together for 2 years before the divorce, I would assume the IO would approve her GC.

Yes, exactly right. (Probably not the answer you wanted to hear )

It's not my problem so there is no *Answer I want to hear*

but I did wonder what would or could happen.

I think at this stage there is no way to withdraw anything. the only thing that could be done is to advise USCIS they have seperated...but what will happen is, they will then send her an RFE or something to "freeze" the case until they get divorced, and then she'll get an interview with USCIS and then they decide from there. but based on the fact that they were truly together for 2 years before the divorce, I would assume the IO would approve her GC.

Yes, exactly right. (Probably not the answer you wanted to hear )

It's not my problem so there is no *Answer I want to hear*

but I did wonder what would or could happen.

[3600rs 24]

My friends wife just walked out on him, it was a huge shock for everyone as they seemed like a perfect couple.

They just did the 1-175 after their 2 year mark (from a k-1).

I'm wondering what her status will be, should he report it?

I told him she is probably far enough along to not be deported.

What say you?

She will not be deported just for walking away from the relationship. She has a conditional green card already. She is free to walk away, divorce and file for a waiver or any other immigration benefit available to her. Remember people don't get deported, they just end up spending more money ( lawyers ) to stay. BTW on the contrary she can make life miserable for him if she intends to. The horror stories are posted on this forum.

Edited June 19, 2011 by 3600rs