received her green card and moved out

[William33 110]

Roman11,

If I understand your situation correctly, your now wife, who arrived on a K-1 visa; has recently received her "conditional green card" and then disappeared.

If this is correct, the conditional green card is only valid for two (2)years and then you must remove conditions together for the 10 year Green Card. Since you are no longer together, you should file for divorce, end all further contact and protect any assets available to this individual. When it is time for the removal of Conditions (ROC) within two (2) years, it's game over for this apparent fraudulent person. You may also wish to contact an immigration attorney for further protective action.

Hello all,

Thanks for all the info through the last couple years.

Looking for some new direction.

She arrived from Thailand on a K-1

Married 7 months.

She has recently received her green card and ssn.

And yesterday left for greener pastures.

We would qualify for “summary dissolution”, no children, joint property, ect.

But she does not want to divorce the money cow.

How can I learn what to do next?? This has gone past the point of reconciliation.

1. Stop being financially responsible for her escapades

2. Can immigration help

Thanks for your constructive input

[Caryh 5,206]

Roman11,

If I understand your situation correctly, your now wife, who arrived on a K-1 visa; has recently received her "conditional green card" and then disappeared.

If this is correct, the conditional green card is only valid for two (2)years and then you must remove conditions together for the 10 year Green Card. Since you are no longer together, you should file for divorce, end all further contact and protect any assets available to this individual. When it is time for the removal of Conditions (ROC) within two (2) years, it's game over for this apparent fraudulent person. You may also wish to contact an immigration attorney for further protective action.

When the divorce is complete, the conditional resident is required to ROC immediately. The condition of marriage is already broken. Does not mean they will not get a 10 year card, but they technically do not have the time left on the two year card. Divorce, inform USCIS that the divorce is final, send any evidence of fraud you may have, and move on.

[William33 110]

Caryh,

On what basis would the ROC 10 year green card be approved? There was no indication of any circumstance to support this statement. Please advise.

When the divorce is complete, the conditional resident is required to ROC immediately. The condition of marriage is already broken. Does not mean they will not get a 10 year card, but they technically do not have the time left on the two year card. Divorce, inform USCIS that the divorce is final, send any evidence of fraud you may have, and move on.

[Karee 4,190]

She can claim "good faith" and say it didn't work out. Seems to happen a lot.

[roman11 0]

Thanks for the many replies and good information.

[VanessaTony 3,567]

Roman11,

If I understand your situation correctly, your now wife, who arrived on a K-1 visa; has recently received her "conditional green card" and then disappeared.

If this is correct, the conditional green card is only valid for two (2)years and then you must remove conditions together for the 10 year Green Card. Since you are no longer together, you should file for divorce, end all further contact and protect any assets available to this individual. When it is time for the removal of Conditions (ROC) within two (2) years, it's game over for this apparent fraudulent person. You may also wish to contact an immigration attorney for further protective action.

You're a mod.. how can you possibly think this is correct?

Once the divorce is final she files the I-751 (ROC) with a divorce waiver. As long as she shows evidence of bonafide relationship she doesn't need him any more. He doesn't sign anything. She doesn't need anything from him. It's likely she got everything she needed for ROC prior to ditching him

Caryh,

On what basis would the ROC 10 year green card be approved? There was no indication of any circumstance to support this statement. Please advise.

Divorce and bonafide marriage is the basis. Have a look at the ROC form (I-751) and instructions. It's easier than it should be honestly.

[Caryh 5,206]

You're a mod.. how can you possibly think this is correct?

Once the divorce is final she files the I-751 (ROC) with a divorce waiver. As long as she shows evidence of bonafide relationship she doesn't need him any more. He doesn't sign anything. She doesn't need anything from him. It's likely she got everything she needed for ROC prior to ditching him

Divorce and bonafide marriage is the basis. Have a look at the ROC form (I-751) and instructions. It's easier than it should be honestly.

Exactly. It does make one wonder why it appears so easy to ROC after a divorce. I know many think they need to wait until after the ROC because the 2 year green card says conditional. But the condition seems to mean little unless they do stay married. What's up with that anyway?

[William33 110]

From where are you gathering that this marriage was "entered in good faith"? The beneficiary bails right after the green card arrives? On the face of it, this would appear to be a very tough case to prove.

You're a mod.. how can you possibly think this is correct?

Once the divorce is final she files the I-751 (ROC) with a divorce waiver. As long as she shows evidence of bonafide relationship she doesn't need him any more. He doesn't sign anything. She doesn't need anything from him. It's likely she got everything she needed for ROC prior to ditching him

Divorce and bonafide marriage is the basis. Have a look at the ROC form (I-751) and instructions. It's easier than it should be honestly.

[William33 110]

My mistake on forgetting the ROC with divorce waiver. However, the fact remains that proving a bona fide relationship (entered marriage in good faith) would be difficult to prove. Not saying impossible, only difficult. Either way, the OP needs to protect assets and conduct damage control at this stage.

You're a mod.. how can you possibly think this is correct?

Once the divorce is final she files the I-751 (ROC) with a divorce waiver. As long as she shows evidence of bonafide relationship she doesn't need him any more. He doesn't sign anything. She doesn't need anything from him. It's likely she got everything she needed for ROC prior to ditching him

Divorce and bonafide marriage is the basis. Have a look at the ROC form (I-751) and instructions. It's easier than it should be honestly.

[VanessaTony 3,567]

From where are you gathering that this marriage was "entered in good faith"? The beneficiary bails right after the green card arrives? On the face of it, this would appear to be a very tough case to prove.

Therein lies the issue. It's likely the USC "in good faith" put her on his cards and all manner of other things in order to get her GC. Unless he can PROVE fraud she need only show similar evidence for AOS and that the marriage failed. It's a huge loop hole in my opinion.

My mistake on forgetting the ROC with divorce waiver. However, the fact remains that proving a bona fide relationship (entered marriage in good faith) would be difficult to prove. Not saying impossible, only difficult. Either way, the OP needs to protect assets and conduct damage control at this stage.

No, it's really not "difficult to prove". In fact based on VJ percentages the odds are in favour of having no problems as opposed to having a hard time of it.

But yes we agree. OP needs to protect himself as best he can.

[JimVaPhuong 4,863]

Vanessa is correct. It really doesn't matter if they bailed as soon as they got the green card. What matters is the evidence they collected prior to bailing. The fact is that USCIS doesn't care when the marriage fell apart. They care only about the intentions of the immigrant at the time they entered the marriage, and they look primarily at documentary evidence to prove that. Immigration officers can't read people's minds, but they do know how to read joint tax returns, joint bank account statements, insurance statements, and other evidence that shows co-mingling of finances or evidence that the USC took a financial risk on the immigrant spouse. If she's got some of this evidence combined with a divorce decree then she can get the conditions removed. The timing doesn't really mean a thing. It's all about the evidence.

[William33 110]

Jim,

As always, you have the significant knowledge to deal with most every immigration issue. Thank you for being here.

That said, I would only ask if there is any requirement of the beneficiary to prove a good faith marriage intent?

Clearly, the OP (petitioner) extended a good faith marriage effort, but the petitioner is not seeking a green card. When does the responsibility or evidence trail lie with the beneficiary? Are we to believe that only the "good faith marriage intent and evidence" of the OP (petitioner) is sufficient?

Vanessa is correct. It really doesn't matter if they bailed as soon as they got the green card. What matters is the evidence they collected prior to bailing. The fact is that USCIS doesn't care when the marriage fell apart. They care only about the intentions of the immigrant at the time they entered the marriage, and they look primarily at documentary evidence to prove that. Immigration officers can't read people's minds, but they do know how to read joint tax returns, joint bank account statements, insurance statements, and other evidence that shows co-mingling of finances or evidence that the USC took a financial risk on the immigrant spouse. If she's got some of this evidence combined with a divorce decree then she can get the conditions removed. The timing doesn't really mean a thing. It's all about the evidence.

[VanessaTony 3,567]

I would only ask if there is any requirement of the beneficiary to prove a good faith marriage intent?

Clearly, the OP (petitioner) extended a good faith marriage effort, but the petitioner is not seeking a green card. When does the responsibility or evidence trail lie with the beneficiary? Are we to believe that only the "good faith marriage intent and evidence" of the OP (petitioner) is sufficient?

The beneficiary/applicant is required to show proof of a bonafide marriage. This is usually joint accounts, name on bills, same address etc. There is no requirement to "prove" intent because there is really no way to prove what they were thinking.

The only evidence required for a divorce waiver filed ROC is proof of bonafide marriage and you're right, its usually the USC adding the foreigner to their accounts, moving into their apartment etc, but this is proof the marriage was bonafide, nothing about intent as intent is hard to prove.

So yes, the USC in their good faith marriage intent added the foreigner to their accounts etc and that evidence can later bite the USC in the butt, but this evidence is needed for AOS typically and by not adding their partner (who may or may not end up leaving them) they can't get a GC and they can't stay together, which is the whole point anyway. It's a gamble and people really need to know the people they are sponsoring/marrying.. and in most cases it turns out they never looked past the "pretty package".

[William33 110]

The beneficiary/applicant is required to show proof of a bonafide marriage. This is usually joint accounts, name on bills, same address etc. There is no requirement to "prove" intent because there is really no way to prove what they were thinking.

The only evidence required for a divorce waiver filed ROC is proof of bonafide marriage and you're right, its usually the USC adding the foreigner to their accounts, moving into their apartment etc, but this is proof the marriage was bonafide, nothing about intent as intent is hard to prove.

So yes, the USC in their good faith marriage intent added the foreigner to their accounts etc and that evidence can later bite the USC in the butt, but this evidence is needed for AOS typically and by not adding their partner (who may or may not end up leaving them) they can't get a GC and they can't stay together, which is the whole point anyway. It's a gamble and people really need to know the people they are sponsoring/marrying.. and in most cases it turns out they never looked past the "pretty package".

Thank you for the insight Vanessa&Tony. So it does appear that this apparent loophole reverts to the management principle of: You can't fix stupid, with regards to the petitioner believing that the marriage is solid. A total lack of due diligence or ignorance to the relevant facts. At the end of the day, this USCIS gaping hole needs to be closed.......Unbelievable.

Edited June 29, 2012 by William33

[VanessaTony 3,567]

Thank you for the insight Vanessa&Tony. So it does appear that this apparent loophole reverts to the management principle of: You can't fix stupid, with regards to the petitioner believing that the marriage is solid. A total lack of due diligence or ignorance to the relevant facts. At the end of the day, this USCIS gaping hole needs to be closed.......Unbelievable.

Yep. In the UK (I have a friend who immigrated there based on marriage so this is from her) if you don't stay together for the whole 2 years, and are still together during their version of "ROC" then you must go home. I agree with the idea of this as well. Of course i've never been in that position but I would have no trouble returning back to Aus and moving in with my parents. If I didn't have family it might be a bit harder of course.