Fraud: Check outcome of I-751 after divorce?

[Cudlik 0]

Let it go!!!!! not worth it to look back. focus on new things. People in love they all do "stupid" things.

[Gary and Alla 3,694]

In my opinion, the OP has a right to know, based on the fact that he was obviously conned into a false marriage and signed an I-864 on her behalf. If anything, he should at least have a right to know whether the I-864 still stands due to the adverse financial consequences it could have.

He made a grown up decision all on his own. It was a bad decision. It happens.

Oh I can answer about the I-864...YES. Until she has gathered 40 quarters of work, she leaves the country and surrenders her residency or becomes a citizen or until either SHE or HE die, YES it stands. That is not a question. It was all part of the whole "grown ups are free to make bad decisions" thing. Happy now?

It is not a joint filing, he has no "right" to her personal information, even if they were married USCIS would not divulge it to who him. SHE can, but they will not.

Edited May 2, 2012 by Gary and Alla

[Mike B. 231]

Oh I can answer that...YES. Until she has gathered 40 quarters of work, she leaves the ocuntry and surrewmders her residency or becomes a citizen or until either SHE or HE die, YES it stands. That is not a question. Happy now?

It is not a joint filing, he has no "right" to her personal information, even if they were married USCIS would not divulge it to who him. SHE can, but they will not.

Incorrect. It is not until she surrenders her residency, but rather until she ceases to be a resident. Which is precisely why OP has an interest in whether or not she remains a resident. Again, I agree that OP is largely without recourse, but I cannot understand why you are so up in arms about the very idea that somewhere on the internet there is a guy who is interested in knowing whether or not he continues to have contractual obligations under the I-864.

[Gary and Alla 3,694]

Incorrect. It is not until she surrenders her residency, but rather until she ceases to be a resident. Which is precisely why OP has an interest in whether or not she remains a resident. Again, I agree that OP is largely without recourse, but I cannot understand why you are so up in arms about the very idea that somewhere on the internet there is a guy who is interested in knowing whether or not he continues to have contractual obligations under the I-864.

I am not up in arms about anything, in fact it is of no consequence to me. He has no "right" to know, it does not matter if you think he does, or reason that he does. He does not. Your quarrel about that is not with me for pointing out the fact. Whether she remains a resident or not makes no difference to him. It is not like he is going to change his life if she does, one way or the other.

He DOES have contractural obligations to the government, he knows this. Those go into effect ONLY if she becomes a public charge, collects benefits she should not AND the government chooses to enforce the contract through legal action. Sleep well.

The more likely scenario was that it would have been enforced by the divorce judge as sometimes happens. It did not. Frankly, any real risk he ever had has vanished.

My suggestion is to forget it. There is no method by which he can find out what he wants EXCEPT if she tells him and no benefit in finding out even if he could.

[Frank and Racquel 18]

Greetings,

Some time ago, I [a U.S. citizen] brought my fiancee to the United States on a K-1 visa. We married and she subsequently obtained two-year conditional permanent resident (i.e. green card) status. Shortly after she attained that status, I realized (somewhat belatedly) that she did not intend to engage in a legitimate marriage with me and had in fact married me for the sole purpose of obtaining a favorable immigration status to the United States.

I subsequently filed for an annulment based on fraudulent inducement to the marriage. Of the three elements of fraudulent inducement, the judge found that she had made false statements to me in order to induce me to marry her and that I had suffered damages as a result of relying on her false statements in agreeing to marry her, but that there was "insufficient reasonable reliance" on my part to grant the annulment. As a result, he granted us a divorce instead of the annulment, and included his judgment of the three elements in the divorce order.

("Insufficient reasonable reliance" means that although she lied to me to get me to marry her and I was damaged by believing her lies, a "reasonable, prudent person" in a similar situation would probably not have believed her lies. In other words, I should have seen it coming. If this had been some type of business contract, I would agree with him. But I was in love and thus acted somewhat foolishly in believing that she wanted to marry me because she loved me and wanted to spend her life with me. In my defense, I will add that she was in the United States legally when we met, and we had known each other for like three years prior to marrying. But that's really neither here nor there.)

It has now been almost two years since she obtained her two-year green card, so the time is approaching when she will have to file an I-751 to lift the conditions of her conditional permanent residence status if she wishes to remain in the United States legally (which she does). I am no longer in contact with her, nor do I wish to be in contact with her, but I would like to know whether she is granted unconditional permanent resident status or not. (It seems unlikely that she would, given the wording of the divorce decree, but who knows with these things...)

I have done a little bit of research on the web and have not been able to discover a method for finding this out once the time comes. Perhaps the government considers it to be none of my business now that we are no longer married. Nevertheless, I would like to find out what the outcome is. Do any of you have any idea how I might find out?

Thanks in advance,

calmload

Call or email ICE. They will take a report from you and put that info in her file. Here is a link to their online form, http://www.ice.gov/exec/forms/hsi-tips/tips.asp . You can also call them at (866) 347-2423. They will take a report over the phone and note her file.

[james&olya 1,121]

Wanting to know because of potential I-864 liabilities is understandable but you sound like there is more to it than that for you. You seem not to be 'over her' yet! If this might be true I would urge you to get some counselling because your continued obsession over this fraudster is NOT healthy! You need to let go and move on. You will not be able to find real happiness until you do. Take the lessons you have learned (You have learned something haven't you?!!) and use that to find someone honest and ready to love you as openly as you seem ready to love.

[Kathryn41 3,205]

Inappropriate and Off Topic post violating TOS has been removed along with a post quoting the removed post. If you have nothing constructive to offer to the discussion of the topic, then it is better not to participate at all.

Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users.

http://www.visajourney.com/content/terms

[Darnell 8,479]

I agree and, by and large, I have done. But I'm the kind of guy who likes to know how things turn out one way or the other, so if there is a way for me to find out once the time comes, I would like to do so.

I'm clueless on that part,

but

you can submit a 'packet' to ICE, including the evidence and letters of attestation, and they'll add it to her casefile. Come time for the ROC adjudication, it'll get looked at, you betcha.

[calmload 3]

Wow, guys.

What I was really looking for were answers along the lines of the one provided by grrrrreat: Yes, you are entitled to find out and here's now, or no, you are not. (Btw, thanks, grrrrreat.)

This all went down almost two years ago; it's been a long time and I am not particularly hung up about it anymore. Since the deadline for ROC is coming up soon, I was just wondering how things turned out for her in that regard. Although not everyone would want to know, I don't think it's that uncommon to be curious about about how things from one's past turned out, even whilst focusing on the present and future.

Since you are a knowledgeable crowd about immigration matters, this seemed like a reasonable place to ask. Clearly it was a touchy subject for some of you; touchier, it seems, than it is for me at this point .

[rade2rising 205]

well its abit hilarious reading this thread bcoz no one is really trying to help OP.

All he wants to know is the result of ROC.

Far as I know there is no way to get this information. You can try calling USCIS but I don't see them telling you anything especially since you are divorce.

The only way to find might be through personal connections.

[Mike B. 231]

I'm kind of sad that I missed the comment "purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users." I hope it was directed at me, though.

[VanessaTony 3,567]

I agree there should be a way to find out if the I-864 is still in effect because it can follow you around for many many years and remember you need to change your address with an I-865 any time you move. It would be great if USCIS would send you a letter once it's been cancelled (not necessarily telling you why but a cursory - "Please be advised your responsibilities in regards to the i-864 have been terminated as of [date]" but it's not going to happen unfortunately.

I don't know so I would like someone to say... is there anything the Freedom of Information Act can do? I don't know anything about it except I hear/read people talking about it so would that do anything? Like sending them a letter and asking if he's still bound by the I-864?

Also OP, I completely understand the wondering what's happened, especially if you've been wronged. On the one hand I would like to know some things about people from my past, on the other I realise that learning these things might just tick me off So I obsess for a day or so wondering and then something else happens (like my truck breaking down :S) and I obsess about that instead... I really need a job

[Mike B. 231]

I agree there should be a way to find out if the I-864 is still in effect because it can follow you around for many many years and remember you need to change your address with an I-865 any time you move. It would be great if USCIS would send you a letter once it's been cancelled (not necessarily telling you why but a cursory - "Please be advised your responsibilities in regards to the i-864 have been terminated as of [date]" but it's not going to happen unfortunately.

I don't know so I would like someone to say... is there anything the Freedom of Information Act can do? I don't know anything about it except I hear/read people talking about it so would that do anything? Like sending them a letter and asking if he's still bound by the I-864?

Also OP, I completely understand the wondering what's happened, especially if you've been wronged. On the one hand I would like to know some things about people from my past, on the other I realise that learning these things might just tick me off So I obsess for a day or so wondering and then something else happens (like my truck breaking down :S) and I obsess about that instead... I really need a job

The Freedom of Information Act only requires that government agencies provide you with documents that already exist. It does not require the government to manufacture documents to send you. So you could not send a FOIA saying "am I still on the hook with I-864" because the document saying yes or no does not exist. They would have to write it up just to respond to you.

You could send a FOIA request asking for the case file of your ex-wife in order to see if she has been tossed out of the country or not. That file already exists, and could be copied and mailed to you. However, Exemption (b)(6) allows the government to withhold documents the release of which would "constitute a clearly unwarranted invasion of personal privacy." You can bet your butt that if you filed a FOIA request asking for someone else's file, USCIS would invoke this exemption and refuse to release any documents to you. So the short answer is that I am pretty confident that the answer is no, you cannot get around this issue by using FOIA.

[VanessaTony 3,567]

The Freedom of Information Act only requires that government agencies provide you with documents that already exist. It does not require the government to manufacture documents to send you. So you could not send a FOIA saying "am I still on the hook with I-864" because the document saying yes or no does not exist. They would have to write it up just to respond to you.

You could send a FOIA request asking for the case file of your ex-wife in order to see if she has been tossed out of the country or not. That file already exists, and could be copied and mailed to you. However, Exemption (b)(6) allows the government to withhold documents the release of which would "constitute a clearly unwarranted invasion of personal privacy." You can bet your butt that if you filed a FOIA request asking for someone else's file, USCIS would invoke this exemption and refuse to release any documents to you. So the short answer is that I am pretty confident that the answer is no, you cannot get around this issue by using FOIA.

Okay thanks Like I said i didn't know but that makes sense too.

[grrrrreat 109]

The Freedom of Information Act only requires that government agencies provide you with documents that already exist. It does not require the government to manufacture documents to send you. So you could not send a FOIA saying "am I still on the hook with I-864" because the document saying yes or no does not exist. They would have to write it up just to respond to you.

You could send a FOIA request asking for the case file of your ex-wife in order to see if she has been tossed out of the country or not. That file already exists, and could be copied and mailed to you. However, Exemption (b)(6) allows the government to withhold documents the release of which would "constitute a clearly unwarranted invasion of personal privacy." You can bet your butt that if you filed a FOIA request asking for someone else's file, USCIS would invoke this exemption and refuse to release any documents to you. So the short answer is that I am pretty confident that the answer is no, you cannot get around this issue by using FOIA.

I agree.