conditional greencard

[droid 0]

I filed for divorce ( she just got served) after learning that her only purpose is to come to the usa. SHe has 6 more months on conditional greencard. SHe is threatening that she is going to elongate the divorce to gain her permanent green card. She is threatening that she will make the divorce expensive as my brother is the sponsor. My ex wife and I are on medicaid so I couldnt sponsor. Is she deportable and how? How do I protect myself?

[P.A.T 1]

I filed for divorce ( she just got served) after learning that her only purpose is to come to the usa. SHe has 6 more months on conditional greencard. SHe is threatening that she is going to elongate the divorce to gain her permanent green card. She is threatening that she will make the divorce expensive as my brother is the sponsor. My ex wife and I are on medicaid so I couldnt sponsor. Is she deportable and how? How do I protect myself?

Send a letter to USCIS, stating what you just wrote above. She might start claiming during the divorce process that you physically and mentally abused her, this way she'll be eligible to file for ROC (Removal of Conditions) under VAWA (Violence Against Women Act).

[Anh map 2,098]

If you can PROVE fraud then she may be deportable.

Divorce and move on. She can remove conditions without you.

[VanessaTony 3,567]

Send a letter to USCIS, stating what you just wrote above. She might start claiming during the divorce process that you physically and mentally abused her, this way she'll be eligible to file for ROC (Removal of Conditions) under VAWA (Violence Against Women Act).

She could but that would be pointless seeing she could file ROC simply by being divorced from him and proving the marriage was in good faith.

He should still send a letter to USCIS and ICE letting them know about the visa fraud. He would need proof to stop her getting the permanent GC without him (via divorce).

I filed for divorce ( she just got served) after learning that her only purpose is to come to the usa. SHe has 6 more months on conditional greencard. SHe is threatening that she is going to elongate the divorce to gain her permanent green card. She is threatening that she will make the divorce expensive as my brother is the sponsor. My ex wife and I are on medicaid so I couldnt sponsor. Is she deportable and how? How do I protect myself?

Actually you DID sponsor. You are the primary sponsor, your brother is the co-sponsor. As the petitioner you are always the primary sponsor which is why you also did an I-864. It is legally binding until the conditions on it are met... that is she leaves and gives up the GC, she (or you) die or she becomes a USC.

[v70995 5]

She could but that would be pointless seeing she could file ROC simply by being divorced from him and proving the marriage was in good faith.

He should still send a letter to USCIS and ICE letting them know about the visa fraud. He would need proof to stop her getting the permanent GC without him (via divorce).

Actually you DID sponsor. You are the primary sponsor, your brother is the co-sponsor. As the petitioner you are always the primary sponsor which is why you also did an I-864. It is legally binding until the conditions on it are met... that is she leaves and gives up the GC, she (or you) die or she becomes a USC.

Just curious. Going through the same situation and was instructed by ICE by telephone to send letter to local field office and meet with Immgration officer face to face but do not know of an address to send correspondence to ICE. Remembering the telephone report I gave to ICE they indicated they would not accept any documents.I am also considering sending letter and documents to serice center where I-751 is to be filed any thoughts on that?

[rika60607 215]

Prolonging divorce will do her more harm than good. Her ROC with waiver will not be approved until she is divorced. So let her prolong

She will make divorce expensive? Does she have money for a lawyer? Do you have lots of assets/income? Sounds like rather not. So let her pay for that divorce

Your brother the co-sponsor can be liable for only one expense - that is if she receives any means tested benefits from the government (and she is not eligible until she has been LPR for 5 years). She could try to sue for the poverty limit support, but again - not likely to happen and does she have the money for lawyers?

Is she deportable? Not really, not unless you have hard evidence of fraud. Just writing a letter is not enough, you have to have the evidence.

I filed for divorce ( she just got served) after learning that her only purpose is to come to the usa. SHe has 6 more months on conditional greencard. SHe is threatening that she is going to elongate the divorce to gain her permanent green card. She is threatening that she will make the divorce expensive as my brother is the sponsor. My ex wife and I are on medicaid so I couldnt sponsor. Is she deportable and how? How do I protect myself?

[Virginian61 1]

Actually you DID sponsor. You are the primary sponsor, your brother is the co-sponsor. As the petitioner you are always the primary sponsor which is why you also did an I-864. It is legally binding until the conditions on it are met... that is she leaves and gives up the GC, she (or you) die or she becomes a USC.

Yes, I think a lot of people miss this. You and your brother signed a contract (I-864) with the government to support her until she becomes a citizen or leaves the US. Divorce does not void the contract. If she gets a savvy divorce lawyer they will use this.

Edited August 16, 2011 by Virginian61

[v70995 5]

The only advice I can give you is to do what I have done.

1. Call in a report to I.C.E at 1-866-347-2423 Tell them you believe she married you just to get a green card. Be prepared they will want to know things like Alien number, Passport number , Drivers licence number, last known address, birthdate, birthplace, maiden name.

Give them whatever info you have available on her.

2.The I.C.E agent will then tell you to prepare a written statement with supporting documents if you have any and send them to your local U.S.C.I.S field office.

Immigration fraud victims website has a section in it on how to prepare and mail statements.

They can be found at http://www.immigrationfraudvictims.com/index.html

3.In my case the I.C.E agent instructed me to meet with an immigration officer at the local field office.

To do this you go online to http://infopass.uscis.gov/ there you can make an appointment with an immigration officer.

I hand delivered the statement with supporting documents to the immigration officer and also sent it registered mail with signature required.

4. Make copies of everything and write down name of immigration officer you spoke with.

5. My divorce is final so I sent another written statement to local field office with copy of divorce decree letting them know she is no longer a relative. I also understand when U.S.C.I.S realizes there is a divorce then it goes to removal proceedings please correct me if I am wrong about this.

In my conversation with the immigration officer he indicated that she would have to answer to the statement I put in her file if she applies for the

I-751 waiver. He also said it would depend on how she presented herself,were your finances comingled like joint checking accounts,property owned together,utility bills, etc to prove it was a bona fied marriage. Does she have proof of any of these?

My final word of advice is stay completly away from her no contact whatsoever. If she does not have an order of protection on you then she will try the mental abuse routine but I hear that is the hardest to prove. Do not give her the chance.

Good luck to you my friend.

[JimVaPhuong 4,863]

The only advice I can give you is to do what I have done.

1. Call in a report to I.C.E at 1-866-347-2423 Tell them you believe she married you just to get a green card. Be prepared they will want to know things like Alien number, Passport number , Drivers licence number, last known address, birthdate, birthplace, maiden name.

Give them whatever info you have available on her.

2.The I.C.E agent will then tell you to prepare a written statement with supporting documents if you have any and send them to your local U.S.C.I.S field office.

Immigration fraud victims website has a section in it on how to prepare and mail statements.

They can be found at http://www.immigrationfraudvictims.com/index.html

3.In my case the I.C.E agent instructed me to meet with an immigration officer at the local field office.

To do this you go online to http://infopass.uscis.gov/ there you can make an appointment with an immigration officer.

I hand delivered the statement with supporting documents to the immigration officer and also sent it registered mail with signature required.

4. Make copies of everything and write down name of immigration officer you spoke with.

5. My divorce is final so I sent another written statement to local field office with copy of divorce decree letting them know she is no longer a relative. I also understand when U.S.C.I.S realizes there is a divorce then it goes to removal proceedings please correct me if I am wrong about this.

In my conversation with the immigration officer he indicated that she would have to answer to the statement I put in her file if she applies for the

I-751 waiver. He also said it would depend on how she presented herself,were your finances comingled like joint checking accounts,property owned together,utility bills, etc to prove it was a bona fied marriage. Does she have proof of any of these?

My final word of advice is stay completly away from her no contact whatsoever. If she does not have an order of protection on you then she will try the mental abuse routine but I hear that is the hardest to prove. Do not give her the chance.

Good luck to you my friend.

Excellent post!

As to the bolded text, this is basically correct. If USCIS discovers that a conditional permanent resident's marriage has been terminated by divorce or annulment then they are compelled to initiate removal proceedings. However, they will begin with a Notice of Intent to the beneficiary, who can then respond with an I-751. USCIS won't proceed with the removal proceedings, and they'll instead adjudicate the I-751.