Immigrant wife entered marriage in bad faith

[LSnBigBear 61]

No one can say for sure if she is sorry she got caught or sorry she did it. But I say move on and divorce. Let her deal with her immigration issues on her own. I would submit a report to ICE and USCIS with all your evidence and let them sort her out.

I went through a love that kept going back and forth from her children's father back to me. In between getting pregnant by him. Like an idiot I tried off and on for 6 years to make it work. I find if a Filipina is truely in love with her native man then all she is doing is masking her relationship with us due to fmaily pressures she is under to provide a better life for her family and him. My guess is if you research more deeply some of your money sent to family probably went to him. I know I am guilty of this as my ex's live in Pinoy BF would sit next to her at the cafe as we chatted playing video games on my money. Grrrrr. I am over it now though. Move on my friend. Sorry to hear you're going through this.

Good luck

[LSnBigBear 61]

I gotta say to the OP.....I hate to be a party pooper, but I walked down this road many years ago.

ICE does not really give a damn about your problem.....maybe they do, but they do NOT have the resources to investigate. To you this seems very important, but to them, they have much bigger fish to fry.

They will take your information over the phone, no problem, and that is where it will end.

You can continue to persue this if you like, but they have seen this so many times they are numb to your circumstance.

Yes you're 100% correct. I reported my ex and all ICE said was they will add her to the list. Even the ICE OFficer said unless she breaks a law that they have about 1.5 million illegals that are on criminals ahead of her. Great advice you gave. But I would file a complaint just to start the process...

[Sweetheart75 0]

i don't know what to say after reading ur post, i just can't believed that there are people no matter how many good things you've done for them they still have the guts to do those things, shame on her. Do whatever you think is best and right for you God is with you.

[Gosia & Tito 199]

I opened this new registration to keep my true identity hidden, but I am not new to VJ.

It is almost time for my LPR wife to apply for ROC. I have decided I would like to do what I can to prevent her ROC approved, as I discovered that she married me for fraudulent reasons, and have quite substantial proof of this.

We met online in 2010, and things went very well, and I visited her after a few months in her native Philippines. It seemed like everything was great, and upon returning to the USA and spending more time chatting, I decided to file a 129f petition., and everything went through without a hitch. She arrived in the USA in Sept 2010, and we married in Oct 2010.

After a few months, I discovered a secret Facebook profile she had opened. I discovered photos she posted of a boyfriend from her native country. The first photo, with them sitting next to each other, cheek to cheek, has the phrase “My one true love forever and ever,” This photo was posted by her the same day of our marriage.

There are other numerous photos such as this, posted from our wedding day to a couple of months later, when I discovered them. Her alias profile uses a fake first name for her, and the boyfriends last name. There are also numerous comments by both of them stating how much they love and miss each other, written in mostly their native language. At one point they joke about her having a husband as they share words of love.

This discovery made me look deeper, and I was able to recover yahoo chat logs as well, and had them translated. Those begin the day she arrived here in the USA, and continue to our wedding date, and beyond. These also include love expressions----jokes about me as the husband, and even a cybersex episode between them. She also states, in a chat the day after we were married, that she cannot wait to get back in his arms again.

Additional chat sessions with her family are also incriminating against her, as she expresses just wanting to leave, and her family reassuring her to wait 2 or 3 years to get permanent status, so she can no longer have to remain with me.

I have all this printed out, stored away safely where she cannot access it. Now, I wanted to see if things would work out, and I now see they did not, and will not. She has no idea of my intent to try to stop her ROC from going forward, and I intent to keep that hidden as long as possible.

We are still married, and will be when the ROC is to be filed. In fact, for now I have no plans to initiate separation or divorce. Rather, my thought is to submit my proof of the marriage not being entered in good faith (fraudulent) to the proper entities before the 90 day window opens, and refuse to file a joint petition for removal of conditions after she is allowed to file.

My understanding is that if I am not co-filing, she must submit a divorce decree by the end of the Temporary Green Card Expiration. She will not have such a decree, as no divorce will be filed. The other way to apply would be to claim a VAWA case, and I would hope my ample evidence of her fraudulent intent in marrying me would prevent such a claim from being successful, and with her file being tagged with the evidence, an abuse claim would be read as a desperate attempt on her part. We have had no abusive situations, and I am not one that could be provoked to that level.

I do love my wife, but see that she does not have any love for me. I do not want to be on the hook for potential 864 support, sharing of assets that were never earned by her, and knowing she has obtained permanent status through me.

The question is, is the evidence I have of marital fraud the kind that ICE and USCIS will also recognize as such? And am I likely to prevail in forcing her departure from the USA for Visa fraud. My understanding is the threshold applied is, at the actual time of the marriage, was it entered in good faith. Clearly I think I can show it was not.

The input of the VJ members is appreciated.

If you are in a no fault state, she can file, and in many cases -also depending on what state, in a short time, divorce is decreed. WAWA is a higher risk, and I'd say to do the Infopass as others have noted, but be ready to separate and divorce. You do not want any opportunities for a WAVA claim.

[verysadguy 170]

Gowon are you taking about the law in your home Country right? In AMERICA He doesn't need an eviction order to kick his wife #### from his house,and vice versa.

Several people that i advised to call the cops they called , and the cops waited 1 hour until the individual took the stuff. Its not a big deal. Including one person here from VJ last week called the cops and they went there and waited one hour until she took her clothes.

Sandra is right. My ex was not on the title to my home. I told her she had to leave. She left and never came back, not even to get her shoes or clothes. She did file VAWA but there was never any abuse. She can try her best to lie more but there is no evidence. I sent all evidence to every possible office by Fedex. Expensive, but I have a child to protect.

[ullnvrkno 95]

I'll never understand why USCIS approves petitions for people who meet online and then in real life all of two times before getting married... but then when someone like me (who LIVED with my husband, WORKED with my husband, and was PREGNANT with his child) drives 400 miles in one day to marry him while he's detained in immigration jail, USCIS thinks I have a f***ing fake marriage and takes twice the amount of time to approve my petition. This sh!t pisses me off so much.

[Thomas&Cleofe 358]

I'll never understand why USCIS approves petitions for people who meet online and then in real life all of two times before getting married... but then when someone like me (who LIVED with my husband, WORKED with my husband, and was PREGNANT with his child) drives 400 miles in one day to marry him while he's detained in immigration jail, USCIS thinks I have a f***ing fake marriage and takes twice the amount of time to approve my petition. This sh!t pisses me off so much.

Wow.....you don't like to be judged, and you are angry about being judged.

But then you turn around and judge others.....you don't gain any sympathy that way.

[chastitynjoel 19]

I'll never understand why USCIS approves petitions for people who meet online and then in real life all of two times before getting married... but then when someone like me (who LIVED with my husband, WORKED with my husband, and was PREGNANT with his child) drives 400 miles in one day to marry him while he's detained in immigration jail, USCIS thinks I have a f***ing fake marriage and takes twice the amount of time to approve my petition. This sh!t pisses me off so much.

You go girl! Ill never get that either!!!

[ullnvrkno 95]

Wow.....you don't like to be judged, and you are angry about being judged.

But then you turn around and judge others.....you don't gain any sympathy that way.

Honestly? I don't have sympathy for people who meet someone online and then in real life all of two times before they get married (all within a six month time frame) and then find out they've been scammed. I've been apart from my husband now for 14 months and we STILL have to complete NVC and the 601. I can't even tell you how hard it is to see people get approved and complete their journey in 4 months time when I have a REAL relationship, met him in REAL life and am not getting SCAMMED. So sue me for being so "judgmental" when this process is ANYTHING but fair.

[Thomas&Cleofe 358]

Honestly? I don't have sympathy for people who meet someone online and then in real life all of two times before they get married (all within a six month time frame) and then find out they've been scammed. I've been apart from my husband now for 14 months and we STILL have to complete NVC and the 601. I can't even tell you how hard it is to see people get approved and complete their journey in 4 months time when I have a REAL relationship, met him in REAL life and am not getting SCAMMED. So sue me for being so "judgmental" when this process is ANYTHING but fair.

Ok....now that is much more civil

....and I agree with you. This process is anything but fair. We are all being judged by our government and we must all prove that we have legitimate lifelong relationships.

[verysadguy 170]

Honestly? I don't have sympathy for people who meet someone online and then in real life all of two times before they get married (all within a six month time frame) and then find out they've been scammed. I've been apart from my husband now for 14 months and we STILL have to complete NVC and the 601. I can't even tell you how hard it is to see people get approved and complete their journey in 4 months time when I have a REAL relationship, met him in REAL life and am not getting SCAMMED. So sue me for being so "judgmental" when this process is ANYTHING but fair.

I knew my wife almost ten years. I found out she lied every day for the last 2 years of our relationship. Anyone can get scammed. Get off your high horse please.

I still wonder about the face of her true love when she told him she was pregnant... from me. Kind of pathetic really. A sociopathic liar will lie to everyone (friends, family, lover, authorties) with little to no remorse. Just very selfishly doing things only for herself.

[Married2009 32]

If you are in a no fault state, she can file, and in many cases -also depending on what state, in a short time, divorce is decreed. WAWA is a higher risk, and I'd say to do the Infopass as others have noted, but be ready to separate and divorce. You do not want any opportunities for a WAVA claim.

For the the divorce to be recognized in the Phillapines, the USC has to file. Not sure how that would work if she tries for VAWA.

[ullnvrkno 95]

Ok....now that is much more civil

....and I agree with you. This process is anything but fair. We are all being judged by our government and we must all prove that we have legitimate lifelong relationships.

That's true -- but I'll never understand why they don't scrutinize whirlwind relationships a little bit harder. All I ever see on this site is "I met my husband online, went to his country, twice, he came here and filed for divorce".... I can't TELL you how many times I've seen that.... it just gets frustrating and old.

I knew my wife almost ten years. I found out she lied every day for the last 2 years of our relationship. Anyone can get scammed. Get off your high horse please.

I still wonder about the face of her true love when she told him she was pregnant... from me. Kind of pathetic really. A sociopathic liar will lie to everyone (friends, family, lover, authorties) with little to no remorse. Just very selfishly doing things only for herself.

K, but if you knew her for 10 years and she lied on the last 2 don't you think maybe that's much more normal and understandable (albeit horrible on her part) than someone who meets online and then in real life and then gets married in 6 months time span???? I mean really... OBVIOUSLY anyone can get scammed but I'm talking about, specifically, those with the "1/2012 meet online, 2/2012 meet in real life for 3 days, 3/2012 get engaged, 4/2012 get married" timeline....

[VanessaTony 3,567]

My understanding is that if I am not co-filing, she must submit a divorce decree by the end of the Temporary Green Card Expiration. She will not have such a decree, as no divorce will be filed. The other way to apply would be to claim a VAWA case, and I would hope my ample evidence of her fraudulent intent in marrying me would prevent such a claim from being successful, and with her file being tagged with the evidence, an abuse claim would be read as a desperate attempt on her part. We have had no abusive situations, and I am not one that could be provoked to that level.

I do love my wife, but see that she does not have any love for me. I do not want to be on the hook for potential 864 support, sharing of assets that were never earned by her, and knowing she has obtained permanent status through me.

The question is, is the evidence I have of marital fraud the kind that ICE and USCIS will also recognize as such? And am I likely to prevail in forcing her departure from the USA for Visa fraud. My understanding is the threshold applied is, at the actual time of the marriage, was it entered in good faith. Clearly I think I can show it was not.

First a mild correction. There are a few ways to ROC and the main ones are:

1. with your spouse

2. without your spouse due to divorce (and good faith marriage)

3. without your spouse due to abuse (and good faith marriage)

From your post you won't be doing #1, #3 is harder than #2 so most people pick #2. Here's where your assumption is wrong about #2. She doesn't have to file with the divorce decree. She will get an RFE for the decree and she will have 86 days to respond. If she doesn't respond she goes before an immigration judge and she'll tell him/her she's waiting for the decree and the judge will order that they wait to adjudicate the ROC when the decree is received... so. Waiting doesn't help you or hurt her.

I personally suggest you:

1. File your report with ICE, USCIS and all of that BEFORE alerting her to the divorce

2. Remove her name from everything you can. Make sure she has no access to your bank accounts or financial records. Make sure you hide any important financial and personal documents (safety deposit box). Protect yourself and your possessions both from theft and destruction.

3. Make sure you know when she's going to be served and NEVER be alone with her after that point. While she doesn't need an abuse claim to ROC she could (as others have) try and use this as a reason to have you evicted from your house until the divorce is final or whatever. The longer you stay married the more claims to your "stuff" she has.

4. As your divorce lawyer about having her kicked out. If she doesn't have her own source of income sometimes they will order YOU out because you have money to support the household. Friend of mine really go screwed over. Still had to pay all the household bills and medical insurance and all of that until the divorce was final.

Edited August 27, 2012 by Vanessa&Tony

[verysadguy 170]

Yes, I agree the meeting online and visiting once or twice is generally foolish.

Either way it can be destructive to one's emotional health.