Visa fraud process

[RussianGoddess 1]

So what really happens if a person contacts immigration and says that their spouse has been using them to get papers to come into the country.....someone asked me and i didnt know the answer to that....if the spouse thats being accused is still in the house with the petitioner, but the petitioner feels that now that the spouse got what they could and got the temporary green card and can no longer get anything else, is acting out and the petitioner feels all this was for papers....

[VanessaTony 3,567]

Nothing. If she had a greencard already then there's nothing TO do unless he has proof there's nothing immigration will do. If he's concerned that he's been used then he can report it to ICE (they'll want evidence and they'll make a file but they won't actively seek her out) and he should file for divorce.

If she doesn't have a greencard yet then he doesn't need to file. Basically he can choose NOT to file with her but if she's already got it then he's got nothing to do except report it and then move on with his life.

[RussianGoddess 1]

Ok so the situation is a bit more complex.....the spouse wants to take the petitioner to court and wants the petitioner to pay for something....thats why the idea of using for papers came to mind...the spouse doesnt want to move out and wants to do a divorce only thru a judge (hoping the petitioner will be told to pay). What can the petitioner do?

[VanessaTony 3,567]

Ok so the situation is a bit more complex.....the spouse wants to take the petitioner to court and wants the petitioner to pay for something....thats why the idea of using for papers came to mind...the spouse doesnt want to move out and wants to do a divorce only thru a judge (hoping the petitioner will be told to pay). What can the petitioner do?

Nothing except go through the divorce process. The immigrants immigration status isn't relevant anymore. If there's proof then there's more but suspecting it means nothing.

The USC needs to find a good divorce lawyer. Talk to the lawyer about his issues and go through the divorce. Talking to a divorce lawyer will also help the USC to know what he's liable for in the divorce. It would be beneficial to find a divorce lawyer that's dealt with immigration before, or has an immigration lawyer in their firm.

I assume you're referencing the I-864 and that the immigrant wants the USC to pay her at 125% of the poverty line (as the form says). The I-864 is a contract between the USC and the government. The immigrant didn't sign it and isn't a party to the contract which is typically what lawyers will say about it. Some USC's have been ordered to pay, some haven't. He NEEDS a lawyer.

Also, she is right not to leave unless she is ordered to do so by a judge.

[jaycali 415]

Nothing. If she had a greencard already then there's nothing TO do unless he has proof there's nothing immigration will do. If he's concerned that he's been used then he can report it to ICE (they'll want evidence and they'll make a file but they won't actively seek her out) and he should file for divorce. If she doesn't have a greencard yet then he doesn't need to file. Basically he can choose NOT to file with her but if she's already got it then he's got nothing to do except report it and then move on with his life.

Wouldn't this depend on whether the GC is conditional or not? If conditions haven't been removed, the beneficiary will need to prove that the relationship was bona fide in the first place to remove conditions. OP mentioned that this GC is temporary (I'm assuming the 2 year one).

If conditions were already removed then there's nothing the petitioner can do really, unless he has hard evidence of fraud.

[jaycali 415]

Ok so the situation is a bit more complex.....the spouse wants to take the petitioner to court and wants the petitioner to pay for something....thats why the idea of using for papers came to mind...the spouse doesnt want to move out and wants to do a divorce only thru a judge (hoping the petitioner will be told to pay). What can the petitioner do?

As Vanessa&Tony said, the I-864 affidavit does not end with divorce. The petitioner signed an official government form agreeing to take financial responsibility for the beneficiary, and no divorce or nasty relationship situation will undo it.

[james&olya 1,121]

As Vanessa&Tony said, the I-864 affidavit does not end with divorce. The petitioner signed an official government form agreeing to take financial responsibility for the beneficiary, and no divorce or nasty relationship situation will undo it.

Unless a divorce judge has a lot of sympathy for this woman (doubtful!) and decides to interpret very liberally that I-864, he has little to worry about. His on-going responsibility is ONLY to repay the federal government if she has income less than 125% of the 'poverty' level and uses 'means tested' federal government benefits, like food stamps or medicaid. Very few jurisdictions would grant alimony under these circumstances so as long as he has not made her pregnant his future losses should be minimal. But I do agree he needs a decent DIVORCE attorney!