Divorce Soon After Temporary Green Card

[fang27 1]

I am a US Citizen (born here), my spouse is from Latin America.

My spouse and I were married for 3-1/2 years before finally filing for her residency. She was on a student visa she would renew until we finally filed the PR forms. I won't get into the details as to why we waited so long before filing right here, but after filing, everything went relatively smoothly and we received the Temporary Permanent Residency for her pretty quickly (~3 months).

Immediately after, she wanted to return home to "show-off" her green card. I was a little hesitant, but was told many immigrants like to do this right after getting their card. So, about two months after receiving it, we went. I went for one month (I have to work - she doesn't work), and she was to stay a few weeks longer. Immediately after I returned, she told me that she was staying a bit longer. Over the course of the next few months, she became increasingly agitated with me on the phone - and eventually told me that she got what she wanted from me (the green card), and now wants a divorce. She has also started a relationship with someone else in her home country.

She will be returning shortly, after staying out of the US for 4 days short of six months. She wants to finalize the divorce quickly so that she can move and travel.

I thought we were married for love, and it sure seemed like it. She, though, has made it clear it was only for the green card.

Is there anything I can do about that at this point? I hate the thought of being used in such a way.

Edited December 23, 2011 by fang27

[Deputy Purple 1,294]

Per the important Disclaimer below: "You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. "

If you have any proof of this then they might do something otherwise there really is nothing you can do.

[Lara Lopez 0]

I can't believe she did that to you.

She obviously married you for your green card and that is really sad.

Is she a permanent resident already? or a conditional resident?

You can probably bring the case to court. But you'd probably need evidence to show she pretended to love you. Try to record a phone call without her knowing or have something written by her, e-mail, phone message, which she probably won't do though.

I am so sorry.

Edited December 23, 2011 by Lara Lopez

[fang27 1]

I do have indisputable proof of the affair, but other than her telling me that she just wanted the green card, nothing else.

I will try to record the next conversation I have with her - which I believe should be next week. I believe that I am allowed to record phone calls in my state, but will check with a lawyer-friend.

She has "Temporary Permanent Residency" - which I guess means conditional.

Edited December 23, 2011 by fang27

[VanessaTony 3,567]

I do have indisputable proof of the affair, but other than her telling me that she just wanted the green card, nothing else.

I will try to record the next conversation I have with her - which I believe should be next week. I believe that I am allowed to record phone calls in my state, but will check with a lawyer-friend.

She has "Temporary Permanent Residency" - which I guess means conditional.

She would actually be a Conditional Permanent Resident, not "temporary", delete that idea from your head. The "condition" being her marriage to you. If she is divorced from you she needs to file for ROC immediately. That said, you said you were married 3 1/2 years before filing. This means she has a 10 year card, not a 2 year card. There is no condition on that card.

If there is any possible chance for you to get her statement about the greencard in writing that works well for you. I would suggest emailing her and saying something like "I can't believe you said you married me for the greencard. How can you say that? We spent years together" to give her an opening to either admit it or deny it. Of course getting it via a phonecall would be better because she would be irrational on the phone. Having her admit to the fraud is basically the ONLY way to get her residency revoked.

The proof of the affair in her home county also should be reported to ICE as it appears she married you for the GC and then returned to her "real love" which is more common than you'd think. One of the reasons the process is typically so strict.

I suggest you also read this thread: http://www.visajourney.com/forums/topic/248685-husband-in-india-but-i-the-usc-wants-a-divorce-need-help/ in which the woman served her ex at the airport and he was detained. He had a 2 year card though and I don't believe your wife does, the marriage is too long for that.

Also, not that it matters now, but I scanned my GC, deleted the important info and showed my family and friends that way. I showed them in person when I went home several months later but I didn't "have" to get home to show them.

Edited December 23, 2011 by Vanessa&Tony

[Lara Lopez 0]

You could also get witnesses to listen to the call, right?

People like her shouldn't get what they want. I hope she loses her green card.

Good luck

[fang27 1]

She would actually be a Conditional Permanent Resident, not "temporary", delete that idea from your head. The "condition" being her marriage to you. If she is divorced from you she needs to file for ROC immediately. That said, you said you were married 3 1/2 years before filing. This means she has a 10 year card, not a 2 year card. There is no condition on that card.

Well, keep in mind we were married for 3-1/2 years before we filed, not after. And as for the green card, I believe there is a copy of it somewhere in her (our) house office. I just need to start digging through the papers. Guess I have been slow to accept this is really happening.

I distinctly remember that this was not a 10-year card. I (almost) definite of that....there was something in the letter (and on the card, if I remember correctly) that stated it was temporary (or conditional, as you say). We even discussed it with other friends that had green cards, and they said she needs to wait a few years to get a "real" green card.

We haven't even started the divorce process yet - she won't return until the beginning of February, and I think I need to wait until after the holidays to start the real process - that is, I will look into what needs to be done, but won't start getting papers ready until after the holidays. I am so emotionally drained.

What is a ROC? How soon after divorce would she need to file it?

Thank you to all for your support and help.

Edited December 23, 2011 by fang27

[VanessaTony 3,567]

Well, keep in mind we were married for 3-1/2 years before we filed, not after. And as for the green card, I believe there is a copy of it somewhere in her (our) house office. I just need to start digging through the papers. Guess I have been slow to accept this is really happening.

I distinctly remember that this was not a 10-year card. I (almost) definite of that....there was something in the letter (and on the card, if I remember correctly) that stated it was temporary (or conditional, as you say). We even discussed it with other friends that had green cards, and they said she needs to wait a few years to get a "real" green card.

We haven't even started the divorce process yet - she won't return until the beginning of February, and I think I need to wait until after the holidays to start the real process - that is, I will look into what needs to be done, but won't start getting papers ready until after the holidays. I am so emotionally drained.

What is a ROC? How soon after divorce would she need to file it?

Thank you to all for your support and help.

Exactly, you were married for 3 1/2 years BEFORE she filed, that means a 10 year card for her. You would have filed an I-130 and I-485. Find the copy of the card because I'm almost 98% sure. If it's a 2 year card then something went wrong and USCIS will probably need to fix it.

If it is a 2 year card (which I doubt) then she will need to ROC immediately after divorce. If she fails to and ICE run into her she could be deported for breaching the terms of her GC (as mentioned in the link I posted).

Typically people file immediately after marriage. If you'd been married less than 2 years at the time her GC was approved she gets a 2 year card. If you'd been married more than 2 years at the time of being approved she gets a 10 year card. Those are the rules. The friends probably don't know what they're talking about because like I said, most people file immediately and don't realise the 2/10 year card thing. The only exception involves a K1 visa (which she doesn't have) so I won't confuse you with that explanation.

[fang27 1]

Exactly, you were married for 3 1/2 years BEFORE she filed, that means a 10 year card for her. You would have filed an I-130 and I-485. Find the copy of the card because I'm almost 98% sure. If it's a 2 year card then something went wrong and USCIS will probably need to fix it.

If it is a 2 year card (which I doubt) then she will need to ROC immediately after divorce. If she fails to and ICE run into her she could be deported for breaching the terms of her GC (as mentioned in the link I posted).

Typically people file immediately after marriage. If you'd been married less than 2 years at the time her GC was approved she gets a 2 year card. If you'd been married more than 2 years at the time of being approved she gets a 10 year card. Those are the rules. The friends probably don't know what they're talking about because like I said, most people file immediately and don't realise the 2/10 year card thing. The only exception involves a K1 visa (which she doesn't have) so I won't confuse you with that explanation.

Gotcha. I will do some looking around - I wonder; can I call USCIS to find out what type of card she has if I can't find a copy?

Who would I call with ICE to report/complain about the situation and the evidence of the affair?

Edited December 23, 2011 by fang27

[VanessaTony 3,567]

Gotcha. I will do some looking around - I wonder; can I call USCIS to find out what type of card she has if I can't find a copy?

Who would I call with ICE to report/complain about the situation and the evidence of the affair?

Nope because it's HER case and you basically have nothing to do with it so for privacy reasons they won't talk to you. Irritating we know.

Just call the ICE number mentioned above and tell them you want to report that someone married you for a GC. They'll know what to do. They'll want evidence as well as any identifiers you have. If you have ANY of the paperwork I suggest you make copies of it all (scanned etc).

Here is something you probably haven't thought about either. You can't just lock her out. She is your wife and lives there. This means she can come back and move right back in. This does depend on state laws but she could just call the police to get her back in the house if you don't do this right. For that reason I suggest you file for divorce ASAP or separation or something. Speak to lawyer about how to protect your house and yourself so she doesn't move back in. Also be aware that you have been married long enough she might try and claim spousal support and/or half of your assets. You said she doesn't care about you any more so you're at risk for her wrath. protect yourself and get started on that now!

If you have joint accounts you need to make a sole account. You can't just remove her from the account without her say-so so you need to make your own. Change where you pay goes (if it's into a joint account) so she doesn't have access to it. If you're both working you shouldn't take the entire amount in the joint account so I would remove half. Same with health insurance. A friend of ours was married in Texas. He got a car loan for his wife. While going through the divorce he wasn't allowed to take the car off her but she refused to pay the loan so he still had to to prevent hurting his credit. He also was unable to remove her from the health insurance because they were married so he was still forced to pay her bills for that. They weren't married very long either, couple of months but she screwed him over well. He just got home one day (to the house he bought for them) to find all their furniture and her gone.

Edited December 23, 2011 by Vanessa&Tony

[fang27 1]

Nope because it's HER case and you basically have nothing to do with it so for privacy reasons they won't talk to you. Irritating we know.

Just call the ICE number mentioned above and tell them you want to report that someone married you for a GC. They'll know what to do. They'll want evidence as well as any identifiers you have. If you have ANY of the paperwork I suggest you make copies of it all (scanned etc).

Here is something you probably haven't thought about either. You can't just lock her out. She is your wife and lives there. This means she can come back and move right back in. This does depend on state laws but she could just call the police to get her back in the house if you don't do this right. For that reason I suggest you file for divorce ASAP or separation or something. Speak to lawyer about how to protect your house and yourself so she doesn't move back in. Also be aware that you have been married long enough she might try and claim spousal support and/or half of your assets. You said she doesn't care about you any more so you're at risk for her wrath. protect yourself and get started on that now!

If you have joint accounts you need to make a sole account. You can't just remove her from the account without her say-so so you need to make your own. Change where you pay goes (if it's into a joint account) so she doesn't have access to it. If you're both working you shouldn't take the entire amount in the joint account so I would remove half. Same with health insurance. A friend of ours was married in Texas. He got a car loan for his wife. While going through the divorce he wasn't allowed to take the car off her but she refused to pay the loan so he still had to to prevent hurting his credit. He also was unable to remove her from the health insurance because they were married so he was still forced to pay her bills for that. They weren't married very long either, couple of months but she screwed him over well. He just got home one day (to the house he bought for them) to find all their furniture and her gone.

Thanks - yeah I am moving my thinking in this direction, but it is hard. We don't have many assets - only I work, we rent, and our rental agreement expired this month. Given she isn't here, it has been renewed in my name only (a whole new agreement, in fact). The only joint account is a very modest one we mostly used so I could pass her money to pay utilities (which she wanted to be in charge of, and I was OK with that). My state has no-fault divorce, and on top of that, I have evidence she was having an affair. If I get the recorded phone conversation that she just wanted the green card, then I think that adds quite a bit to my case.

I should mention that she said she will make the divorce very easy if I give her no problems with the GC. Including forfeiting a few assets (our car is in her name, but I pay for everything).

Edited December 23, 2011 by fang27

[Brother Hesekiel 2,236]

If I look at your case from the outside, things don't add up.

If I was a girl wanting a Green Card, I would get married and immediately push to file for Adjustment of Status to get it. I don't wait 3-1/2 years for that. Hence, I believe she wanted to hurt you by telling you that, but I don't think she married you for the Green Card only.

I don't think you have a leg to stand on labeling her as a fraudster, but you are free to try.

P.S.

Taping a conversation without informing the parties involved that it may be taped would make this taping inadmissible for evidence purposes.

[fang27 1]

If I look at your case from the outside, things don't add up.

If I was a girl wanting a Green Card, I would get married and immediately push to file for Adjustment of Status to get it. I don't wait 3-1/2 years for that. Hence, I believe she wanted to hurt you by telling you that, but I don't think she married you for the Green Card only.

I don't think you have a leg to stand on labeling her as a fraudster, but you are free to try.

P.S.

Taping a conversation without informing the parties involved that it may be taped would make this taping inadmissible for evidence purposes.

Believe me - that thought has passed over me again and again and again. What kind of bizarre long-range plan would that be?

However, she has repeated it multiple times. Friends of both hers and mine are floored by her behavior, even before I found out about the affair. These are close friends, including her best friend (from the same culture and country), whom has confirmed with her what she has told me. We all thought that I just need to wait until she gets back, and get us into counseling. Everything changed when I found out about the affair.

I will tell you this; near 100% of the delay was on her for filing the papers. That is well known around family and friends. She is a huge procrastinator (at the least).

As for taping conversations (one party notification) seems to be legal in my state (I am checking with a lawyer anyway). Based on my research, it seems only 11 or 12 states say both parties must consent.

Edited December 24, 2011 by fang27

[Anh map 2,098]

Divorce and move on. It's no fun, but it is survivable.

[VanessaTony 3,567]

Thanks - yeah I am moving my thinking in this direction, but it is hard. We don't have many assets - only I work, we rent, and our rental agreement expired this month. Given she isn't here, it has been renewed in my name only (a whole new agreement, in fact). The only joint account is a very modest one we mostly used so I could pass her money to pay utilities (which she wanted to be in charge of, and I was OK with that). My state has no-fault divorce, and on top of that, I have evidence she was having an affair. If I get the recorded phone conversation that she just wanted the green card, then I think that adds quite a bit to my case.

I should mention that she said she will make the divorce very easy if I give her no problems with the GC. Including forfeiting a few assets (our car is in her name, but I pay for everything).

Okay given the "GC" discussion even went to assets you need to get this stuff in a voice recording. You need to be careful though that in the recording you don't make it seem like you're actually ENCOURAGING the fraud ('cause that's what it is).

So based on the above I would call her again (and if legal) record the discussion. If not legal I would write her an email. in fact I lean towards email because writing makes it easier to prove.