how can I stop the ROC for my soon to be ex-spouse

[No-Where-Man 147]

Sorry to hear that

After reading all the members comments let me put it in a simple way

you got married, she came here , she get a 2 years conditional GC

she can leave and get back but in a limited time frame otherwise GC is cancelled (the conditional)

As long as you are married she cant file for another GC by her self, she has to get your signature on the petition and only in 90 days windwos before the 2nd anniversary of her GC , UNLESS you guys got divorce, in this case she can file to remove conditions and receive 10 years GC but in this case she has to file a waiver and she has to prove an extreme hardship (by evidence) that show abusing etc , and then in this case USCIS may give her the 10 years GC

Being said, if you realize or know that the marriage is fraud, you can do manythings about

1: Try calling USCIS and ask to speak with a tier 2 person indicating you wana report a fraud(have all the possible details on hand)

2: send an email to FDNS@DHS.GOV (fraud detection and national security), Detailing all what you have

2: Email and send a detailed letter to the service center where she might file to remove her condition (just if), and you can find which service center you need to send to depending on your state , go to http://www.uscis.gov...00045f3d6a1RCRD

Hope that help

Edited June 29, 2011 by no_where_man

[bigdog 376]

I am just curious, but how can I stop the AOS for my spouse. I realized a mistake was made and would like to bring this forward and put a cease on her application. We got married in October of 2010, went for our interview in March of 2011. Unfortunately, after that time we became separated and as of till this date are no longer together. I would like to know what are the proper protocols to take. Our application was granted and she received her Visa, since she went back to her home country this past December.

She informed me that there is a temporary green card, and she has already submitted the paperwork to remove the "hold" and to make this permanent.

Any information and direction on how to go about this, will be greatly appreciated.

If she has green card and need removal does not need you any more. I would get divorced asap, is she committed fraud to get green card then go us USCXIS with proof.

Sorry to hear that

After reading all the members comments let me put it in a simple way

you got married, she came here , she get a 2 years conditional GC

she can leave and get back but in a limited time frame otherwise GC is cancelled (the conditional)

As long as you are married she cant file for another GC by her self, she has to get your signature on the petition and only in 90 days windwos before the 2nd anniversary of her GC , UNLESS you guys got divorce, in this case she can file to remove conditions and receive 10 years GC but in this case she has to file a waiver and she has to prove an extreme hardship (by evidence) that show abusing etc , and then in this case USCIS may give her the 10 years GC

Being said, if you realize or know that the marriage is fraud, you can do manythings about

1: Try calling USCIS and ask to speak with a tier 2 person indicating you wana report a fraud(have all the possible details on hand)

2: send an email to FDNS@DHS.GOV (fraud detection and national security), Detailing all what you have

2: Email and send a detailed letter to the service center where she might file to remove her condition (just if), and you can find which service center you need to send to depending on your state , go to http://www.uscis.gov...00045f3d6a1RCRD

Hope that help

Additional here is the government site for fraud, FDNS@DHS.GOV. Get on this ASAP

[Kim & Chris 0]

Sorry, I made a mistake in my original post. Here is the timeline of events.

October 2009 - Married

March 2010 - Interviewed

March 2010 - Separated

May 2010 - I leave the country for new job.

December 2010 - She notified me that she is going back to her home country for Christmas/New Years, so I'm assuming she has her Visa at this point.

Present day - She mentioned she filed her papers the beginning of the month (not sure to who), and can only file for divorce AFTER she receives an answer (not sure from who).

What are the steps that I can take at this point?

Secondly, yes - the marriage was based on fraudulent account. Does this mean that I as well could face severe consequences?

Others have address the Fraud aspect but just a note about the GC itself......

If you were married Oct 2009....Adjustment of Status interview was March 2010......Depending on what time in March, her Conditional 2yr Green Card would have been issued March/April 2010.

That means it would expire March/April 2012. You can only Remove Conditions (apply for 10yr GC) in the 3months (90 days) before the expiry date.

She would only be able to send paperwork in between Dec 2011/Jan 2012 through to Mar/April 2012.......

So if she tells you she's already filed for it she's either lieing or she'll be receiving it back in the mail untouched so to speak!!

This may not help your case at all but I just wanted to clarify.

[sciencenerd 56]

Why don't you pull your 1-864 - your affidavit of support? That IS what you can do. If she just got approved earlier this year for a spousal visa to come to the US, then she only has CONDITIONAL residency. Send a letter in writing to USCIS, to your local and regional immigration office and to ICE with a copy of your immigration notices and a copy of your initial affidavit of support that you filed, indicating that you are getting divorced and no longer wish to support the person. She can file her paperwork, but without your support affidavit, they won't approve her. Unless, of course, she cries foul and tries to claim abuse or something.

If she already had her 10-year residency, then there would be nothing you could do but divorce, but she is still a conditional resident. You can still request your support be pulled.

I'm pretty sure that you can't pull your I-864 once a green card has been issued. She is a conditional *permanent* resident - that means she has a green card and the OP is on the hook for that until she either permanently leaves the country, gets 40 credits of work, or dies. You can't pull the I-864 during conditional permanent residence any more than you can after the conditions are removed.

[Delaw 0]

I am just curious, but how can I stop the AOS for my spouse. I realized a mistake was made and would like to bring this forward and put a cease on her application. We got married in October of 2010, went for our interview in March of 2011. Unfortunately, after that time we became separated and as of till this date are no longer together. I would like to know what are the proper protocols to take. Our application was granted and she received her Visa, since she went back to her home country this past December.

She informed me that there is a temporary green card, and she has already submitted the paperwork to remove the "hold" and to make this permanent.

Any information and direction on how to go about this, will be greatly appreciated.

Has she received her green card yet? If she has not received it and she is out of the US, then she would not be able to come back into the US again, unless!!!!

[Darnell 8,478]

I would check the status of her green card issuance.

somewhere you have a receipt notice with the casefile number on it.

call uscis with the receipt number, ask for casefile status.

IF the greencard was never issued, then can withdraw the I-864, affadavit of support.

whatcha got, really ?

[Eric-Pris 1,606]

Sorry, I made a mistake in my original post. Here is the timeline of events.

October 2009 - Married

March 2010 - Interviewed

March 2010 - Separated

May 2010 - I leave the country for new job.

December 2010 - She notified me that she is going back to her home country for Christmas/New Years, so I'm assuming she has her Visa at this point.

Present day - She mentioned she filed her papers the beginning of the month (not sure to who), and can only file for divorce AFTER she receives an answer (not sure from who).

What are the steps that I can take at this point?

You have not really given much info. It sounds like you really don't even know where she in in the immigration process. Answer these questions:

1. Married in the US or her country?

2. Interviewed where? US or her country? For a visa or greencard?

3. You left the US (or her country) for a new job?

Secondly, yes - the marriage was based on fraudulent account. Does this mean that I as well could face severe consequences?

Do you mean that you participated in the fraud to get her here? If so, you will be in trouble also.

[DrVS 10]

You cannot withdraw your I-864 under any circumstances. It is a contract between you and a federal government. Read the disclosures on the form. Even if your wife divorces you and marries somebody else, you are still responsible for her financially, potentially for the rest of your life.

[amesa 9]

I'm pretty sure that you can't pull your I-864 once a green card has been issued. She is a conditional *permanent* resident - that means she has a green card and the OP is on the hook for that until she either permanently leaves the country, gets 40 credits of work, or dies. You can't pull the I-864 during conditional permanent residence any more than you can after the conditions are removed.

She was granted a conditional residency based on the fact that they had not been married more than 2 years. She's still under the conditional residency until this fall. He can still pull it.

[Brother Hesekiel 2,235]

The way I understand it, your wife is now a lawful permanent resident of this great country of ours. She'll have to remove the conditions of her residency before her 2-year Green Card expires but she can do that without you if she proves that she entered the marriage in good faith. In most cases there is no interview at this final stage to unconditional residence.

I suggest you deal with your relationship/martial problems independently of the immigration aspect of it. It's something you can't do anything about and thus something you shouldn't concern yourself with unless you have hard evidence that your wife committed immigration fraud.

Edited June 29, 2011 by Just Bob

[rika60607 215]

Once AOS is approved, affidavit of support can not be pulled.

Check your facts.

She was granted a conditional residency based on the fact that they had not been married more than 2 years. She's still under the conditional residency until this fall. He can still pull it.

[deus360 9]

Others have address the Fraud aspect but just a note about the GC itself......

If you were married Oct 2009....Adjustment of Status interview was March 2010......Depending on what time in March, her Conditional 2yr Green Card would have been issued March/April 2010.

That means it would expire March/April 2012. You can only Remove Conditions (apply for 10yr GC) in the 3months (90 days) before the expiry date.

She would only be able to send paperwork in between Dec 2011/Jan 2012 through to Mar/April 2012.......

So if she tells you she's already filed for it she's either lieing or she'll be receiving it back in the mail untouched so to speak!!

This may not help your case at all but I just wanted to clarify.

You forgot one more possibility (remember she not an honest person) she could have very easily falsified his signature in the joint I-751 form and sent this form as Joint. This could work for her if all her paper work is in order and they don’t issue her a RFE. They could simply approve her ROC like in most cases without an interview; for ROC cases the interview is not necessary unless they see something suspicions. I am guess she did that probably, if she is not lying she must have falsified his signature.

Edited June 29, 2011 by deus360

[deus360 9]

Sorry to hear that

After reading all the members comments let me put it in a simple way

you got married, she came here , she get a 2 years conditional GC

she can leave and get back but in a limited time frame otherwise GC is cancelled (the conditional)

As long as you are married she cant file for another GC by her self, she has to get your signature on the petition and only in 90 days windwos before the 2nd anniversary of her GC , UNLESS you guys got divorce, in this case she can file to remove conditions and receive 10 years GC but in this case she has to file a waiver and she has to prove an extreme hardship (by evidence) that show abusing etc , and then in this case USCIS may give her the 10 years GC

Being said, if you realize or know that the marriage is fraud, you can do manythings about

1: Try calling USCIS and ask to speak with a tier 2 person indicating you wana report a fraud(have all the possible details on hand)

2: send an email to FDNS@DHS.GOV (fraud detection and national security), Detailing all what you have

2: Email and send a detailed letter to the service center where she might file to remove her condition (just if), and you can find which service center you need to send to depending on your state , go to http://www.uscis.gov...00045f3d6a1RCRD

Hope that help

JakStat do as he ( "no_where_man" ) said, if she falsified your signature in the I-751 fraud detection and national security could detect that

Edited June 29, 2011 by deus360

[Casprd 167]

You forgot one more possibility (remember she not an honest person) she could have very easily falsified his signature in the joint I-751 form and sent this form as Joint. This could work for her if all her paper work is in order and they don’t issue her a RFE. They could simply approve her ROC like in most cases without an interview; for ROC cases the interview is not necessary unless they see something suspicions. I am guess she did that probably, if she is not lying she must have falsified his signature.

It still wouldn't work as you can only file for ROC within the 90 day window of the conditional green card expiring. Her window doesn't start until Dec2011/Jan2012. If she did do this then it will just get sent back and she will have to wait until the end of this year with an easily traceable forgery hanging over her head. I'm not saying she didn't do this as the ROC window is confusing to many, but regardless, it still won't accomplish anything for her.

[deus360 9]

It still wouldn't work as you can only file for ROC within the 90 day window of the conditional green card expiring. Her window doesn't start until Dec2011/Jan2012. If she did do this then it will just get sent back and she will have to wait until the end of this year with an easily traceable forgery hanging over her head. I'm not saying she didn't do this as the ROC window is confusing to many, but regardless, it still won't accomplish anything for her.

You are right about the time line. She can only ask for ROC in like 2012; but I think his refereeing that she is filing for divorce so that she can file her case without him in 2012. She is getting ready because she probably knows that she has to file for divorce well in advance so that her divorce papers comes in time for her ROC in 2012. Some states need like for example California; need the partner’s signature for the divorce to go through. If she is filing for this she might still need his signature but she could have clone his signature here also. People like that tend NOT to think 2 about committing fraud. Some states require that you so you have no joint bank account before the divorce etc.