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

[3600rs 24]

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?

Forget everything and move on. Your information based on no fraudulent evidence will show the USCIS nothing but your own bitterness after the breakup. She is here to stay forever if she has the conditional green card already and there is nothing you can do to prevent that. Its the job of the Attorney General to remove her and not yours. Clear your head, sort things out, keep yourself financially safe and work on a hassle free quick divorce.

You need very high standard of fraud evidence to remove her and she needs reasonable evidence of living with you to stay.

[Brother Hesekiel 2,236]

Not that it is of much relevance here, but if the divorce is final, she not only can but is supposed to file for ROC right away, even if the expiration card on her Green Card is still a long ways away. If her divorce is final and USCIS learns that she is living on her own for quite some time, they're inclined to initiate steps to terminate her residency. So the 90-day thingi is not written in stone.

[deus360 9]

Forget everything and move on. Your information based on no fraudulent evidence will show the USCIS nothing but your own bitterness after the breakup. She is here to stay forever if she has the conditional green card already and there is nothing you can do to prevent that. Its the job of the Attorney General to remove her and not yours. Clear your head, sort things out, keep yourself financially safe and work on a hassle free quick divorce.

You need very high standard of fraud evidence to remove her and she needs reasonable evidence of living with you to stay.

I think you are mistaking about this. The USCIS has the power to decline anyone without even having evidences of fraud (I have seen it happen); only base on suspicion fraud. You can get them to court after, but it becomes very problematic for the person that was denied. It’s not as simple as that.

[3600rs 24]

I think you are mistaking about this.

You have not got your facts straight, read below carefully.

The USCIS has the power to decline anyone without even having evidences of fraud (I have seen it happen); only base on suspicion fraud.

Yes I agree, denials can come anytime with the suspicion of fraud. But to remove her because of fraud in courts require convincing evidence. And all she needs is to show that she married him in good faith at the time of marriage. What happened after that is not relevant. To convict someone with fraud is a life time ban, its serious and needs a high degree of evidence. Not like the suspicions you mention.

You can get them to court after, but it becomes very problematic for the person that was denied. It’s not as simple as that.

In court its a display of documents in front of the judge. Without no proof of fraud and a little proof of good faith evidence she will stay.

[3600rs 24]

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.

Its just your speculation, she could have possibly used an abuse waiver. She does not need his signature.

[Drogs 24]

So what do we have, He married this girl, submitted all the paperwork and then decided he made a mistake, so now he wants to dump her out of the country, Fraud wasnt an issue until a board member mentioned it, no mention of why it was deemed a mistake, no mention of who walked out on who? another part of a one sided story.

Get your divorce, live and learn, be happy.

[deus360 9]

You have not got your facts straight, read below carefully.

Yes I agree, denials can come anytime with the suspicion of fraud. But to remove her because of fraud in courts require convincing evidence. And all she needs is to show that she married him in good faith at the time of marriage. What happened after that is not relevant. To convict someone with fraud is a life time ban, its serious and needs a high degree of evidence. Not like the suspicions you mention.

In court its a display of documents in front of the judge. Without no proof of fraud and a little proof of good faith evidence she will stay.

I agree that if she insists she could get here ROC but after a possible denial of the USCIS. But the point that I wanted to make here is that she could get dined here ROC by the USCIS initially . So if she wants to get here GC approve she probably will have to go to court and fight the USCIS, but yes, you are right, she probably will get it approve at the end, and she has the upper hand here, but probably she will have to go to court and that's expressive, its going to become much more of problem her, that's the point that I wanted to make.

Edited July 1, 2011 by deus360

[3600rs 24]

So what do we have, He married this girl, submitted all the paperwork and then decided he made a mistake, so now he wants to dump her out of the country, Fraud wasnt an issue until a board member mentioned it, no mention of why it was deemed a mistake, no mention of who walked out on who? another part of a one sided story.

Get your divorce, live and learn, be happy.

Exactly! The moment you have been abandoned by your spouse, you smear the beautiful picture of your beautiful relationship with fraud. Not taking sides here since we dont know the other part of the story. This is not the first time the USC alleges fraud, USCIS gets fraud accusations all the time from angry spouses, even after all that we have 751 waivers approved in 2 months and rarely a waiver gets denied.

Stop this drama and move on.

[3600rs 24]

I agree that if she insists she could get here ROC but after a possible denial of the USCIS. But the point that I wanted to make here is that she could get dined here ROC by the USCIS initially . So if she wants to get here GC approve she probably will have to go to cobe done urt and fight the USCIS, but yes, you are right, she probably will get it approve at the end, and she has the upper hand here, but probably she will have to go to court and that's expressive, its going to become much more of problem her, that's the point that I wanted to make.

How many waivers get denied? Take a look at this forum as an example - Few to none. Those that have been denied are because of complete lack of evidence and not fraud. USCIS and the courts very well know that an EX spouse complaint is not a true indicator of fraud, I may cast a doubt, she may get a tough interview, but she not going to court. Her ROC or VAWA or whatever will be approved at the interview, that's taking it to the extreme.

If USCIS took these complaints and childish whining crying FRAUD seriously for every 751, we would half of the 751 waivers denied. Get your facts together and read more.

[deus360 9]

How many waivers get denied? Take a look at this forum as an example - Few to none. Those that have been denied are because of complete lack of evidence and not fraud. USCIS and the courts very well know that an EX spouse complaint is not a true indicator of fraud, I may cast a doubt, she may get a tough interview, but she not going to court. Her ROC or VAWA or whatever will be approved at the interview, that's taking it to the extreme.

If USCIS took these complaints and childish whining crying FRAUD seriously for every 751, we would half of the 751 waivers denied. Get your facts together and read more.

I have notices that in this forum also, not that many people state they got denied, but I think read a statistic some where about 30% got dined because that's % of fraud statistically. That's a considerable amount, plus I know people in Florida that all have gotten denied and gone back to court and won( that's like 10 people that I know in Florida - that's a lot ). but don't know why it appearance as no one gets denied here. Maybe the % of English speaking immigrants are more lawful ( like the ones in this forum ) that the one that don't speak it and only speak Spanish and cant write here. Well statistics its not and easy subject, their could be a variety of reason as to why there are few people here that get denied but I think the average is much higher.

Edited July 1, 2011 by deus360

[rens48 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.

If your marriage is not fraud, removal of conditions will move on, and she will get the permanent resident.

[3600rs 24]

I have notices that in this forum also, not that many people state they got denied, but I think read a statistic some where about 30% got dined because that's % of fraud statistically. That's a considerable amount, plus I know people in Florida that all have gotten denied and gone back to court and won( that's like 10 people that I know in Florida - that's a lot ). but don't know why it appearance as no one gets denied here. Maybe the % of English speaking immigrants are more lawful ( like the ones in this forum ) that the one that don't speak it and only speak Spanish and cant write here. Well statistics its not and easy subject, their could be a variety of reason as to why there are few people here that get denied but I think the average is much higher.

First, there is no conclusive evidence that Hispanic are unlawful and non Hispanic (English, as you say) are lawful. An unlawful person or a fraud can come from an country and any race. Also there is no evidence that USCIS denies Hispanics more often and approves English speakers.

I have come across a few denials over the years, none of them based on fraud, all of them based on weak evidence and a criminal record. And interestingly, the ones with the criminal record were removed. And removed because they did not have money for a lawyer.

I apologize to our poster having gone of on a different subject. In conclusion, his spouse has more chances to get her green card than be removed. A lawyer will make her life even more easy.