Fraud / I-184 Withdrawal before Removal of Conditions

[soooosad 0]

Hi,

I have been married for about 18 months to my husband on a K-1. He is much younger than me and comes from a "high-fraud" country. While our courtship was great, he did not adjust well here and our marriage has been fraught with problems from the get go. As I review the whole experience in my mind, it becomes overwhelmingly clear he never entered our marriage with any real commitment or idea of permanency. He says that he loved me but cannot identify at what point that changed, why it changed, and OFFERS NO DEFENSE when I point out that he never even tried to make it work. He cannot say what I could have done differntly to make it work. Therefore, I reason that the marriage was basically over before it started. From day one there was secrecy about his phone calls, many weekends spent away visiting family/friends, flirtations and cheating (he admits). He maintained friendshps with women that he knew before coming to this country and never told them he was married.

To complicate matters we have beautiful a 3-month old baby girl . At first he said he wanted kids, but when I became pregnant he was furious, and implored me for 3 months to have an abortion, but I refused. Then when I was 5-6 months pregnant he went back for a 2-3 week visit to his country but stayed away 2 months and lost his job. Right after he left I confronted him on the phone about a girl that was calling him, and he hung up on me and didn't call and refused to take my calls for the entire two months he was gone, knowing I was here working full-time, pregnant, caring for my other three children and taking care of the house. He did nothing while he was there but go to the beach. When he got back he refused to work for the 1st week (needed to "relax" ) and lost his job.

He got back and annouced there we were "separating", but still lives with us (sleeps downstairs). He loves the baby, is good to my kids and is working, but doesn't contribute anything to the household finance or help me around the house. He says he wants to move out but can't afford it yet. He is VERY nice to me now, hoping that I don't divorce him and assuming that I will help him stay because he knows I want the baby to have her father in her life. It has just recently gelled in my mind, however, that it is NOT my responsibility to keep him here, it his HIS reponsibility to work on reconciling/building our relationship so that he can be with his daughter.

OK folks- does this sound like fraud? Or am I just bitter? I want to withdraw my I-485 petition in addition to filing for divorce, but am wondering what will happen if I do. A hearing? Removal proceedings? He could NEVER document a "good faith" marriage in my opinion. I know that if I don't withdraw, he can only file a I-751 once we're divorced, but I don't even have the $ to divorce him now. I'm afraid to divorce him and be forced to take him of my company health insurance. He has health issues, and one hospital stay without insurance would be impossible for him and would break me financially. Conversely, I can't refuse to divorce him and hold him "hostage" to the immigration process.

Have at me for being stupid if you want, but I would really appreciate constructive suggestions about what to do. Will the baby impact this situation much with respect to removal/deportation if USCIS finds for fraud? I provide 110% of her physical care and financial support. He doesn't earn over the poverty requirement, I don't think.

All comments welcome...

Embarassed and Heartbroken

[diadromous mermaid 36]

Hi,

I have been married for about 18 months to my husband on a K-1. He is much younger than me and comes from a "high-fraud" country. While our courtship was great, he did not adjust well here and our marriage has been fraught with problems from the get go. As I review the whole experience in my mind, it becomes overwhelmingly clear he never entered our marriage with any real commitment or idea of permanency. He says that he loved me but cannot identify at what point that changed, why it changed, and OFFERS NO DEFENSE when I point out that he never even tried to make it work. He cannot say what I could have done differntly to make it work. Therefore, I reason that the marriage was basically over before it started. From day one there was secrecy about his phone calls, many weekends spent away visiting family/friends, flirtations and cheating (he admits). He maintained friendshps with women that he knew before coming to this country and never told them he was married.

To complicate matters we have beautiful a 3-month old baby girl . At first he said he wanted kids, but when I became pregnant he was furious, and implored me for 3 months to have an abortion, but I refused. Then when I was 5-6 months pregnant he went back for a 2-3 week visit to his country but stayed away 2 months and lost his job. Right after he left I confronted him on the phone about a girl that was calling him, and he hung up on me and didn't call and refused to take my calls for the entire two months he was gone, knowing I was here working full-time, pregnant, caring for my other three children and taking care of the house. He did nothing while he was there but go to the beach. When he got back he refused to work for the 1st week (needed to "relax" ) and lost his job.

He got back and annouced there we were "separating", but still lives with us (sleeps downstairs). He loves the baby, is good to my kids and is working, but doesn't contribute anything to the household finance or help me around the house. He says he wants to move out but can't afford it yet. He is VERY nice to me now, hoping that I don't divorce him and assuming that I will help him stay because he knows I want the baby to have her father in her life. It has just recently gelled in my mind, however, that it is NOT my responsibility to keep him here, it his HIS reponsibility to work on reconciling/building our relationship so that he can be with his daughter.

OK folks- does this sound like fraud? Or am I just bitter? I want to withdraw my I-485 petition in addition to filing for divorce, but am wondering what will happen if I do. A hearing? Removal proceedings? He could NEVER document a "good faith" marriage in my opinion. I know that if I don't withdraw, he can only file a I-751 once we're divorced, but I don't even have the $ to divorce him now. I'm afraid to divorce him and be forced to take him of my company health insurance. He has health issues, and one hospital stay without insurance would be impossible for him and would break me financially. Conversely, I can't refuse to divorce him and hold him "hostage" to the immigration process.

Have at me for being stupid if you want, but I would really appreciate constructive suggestions about what to do. Will the baby impact this situation much with respect to removal/deportation if USCIS finds for fraud? I provide 110% of her physical care and financial support. He doesn't earn over the poverty requirement, I don't think.

All comments welcome...

Embarassed and Heartbroken

Sooosad,

What, exactly, do you wish to accomplish from your choice of options?

[Boiler 45,972]

Has he adjusted status? Is he now a Permanent Resident? I can not quite make out from your post, you suggest he is not and then mention removal of conditions.

1. His Immigration Status is his problem.

2. If he has not adjusted then you are home relatively clear, just pull the application and he is out of status. His only way of adjusting would be VAWA, so you need to make sure he can not evidence that.

3. If he has adjusted then you are on the hook for the Affadavit of Support. He will probably be able to adjust on his own when you divorce, but not your problem.

Fraud in immigration terms, can not tell, certainly does not appear any evidence to that from what you have said. I could guess otherwise but no point.

PS Why do you not want to mention his country?

[soooosad 0]

He is a Conditional Permanent Resident. If things were fine we would have to file the I-751 to Remove Conditions between Dec 07 and Feb 08.

The answer to what I want is that he be put in removal proceedings. The reason for posting is to see if anybody has been inor knows of a similar case, and what the outcome was.

If a divorce is final prior to the 2-year anniversary of receiving his Conditional GC, he can file the a Waiver excusing him from a joint filing of the I-751, but to get his permanent GC he must submit documentation proving that he entered into the marraige on "good faith". USCIS states clearly that the burden of proof is on the alien to prove this, not on USCIS to prove otherwise. I don't think he can prove this, and if I'm am called to a hearing I will tell it like it is. I have some evidence to back up some of his actions which were not in "good faith", depending on how you define that.

Also, I forgot to mention in my original narrative that prior to his arrival I formally converted to Catholism (HIS religion) and planned on a Catholic marriage. Although prior to arriving he said "anything I want", once here he refused to marry in the church- insisting on only a civil ceremony.

Edited November 1, 2006 by soooosad

[Kez/JWolf 6]

It would be very unlikely for you to be able to "have him put in removal proceedings" unless you are able to give proof to ICE that he has committed fraud and from what you have said it dont look as though it is a case of fraud.... as he is already a CPR if you divorce he can file to lift the conditions alone....

I would stop worrying about him and worry about yourself and the children.... he has the best of both worlds right now... he is not giving you any support money/physical and he is living rent free in your home...

seek advice from a divorce lawyer about making sure you and the children are protected and let him stand on his own 2 feet.... he has friends who can help him...

Good Luck

Kezzie

[soooosad 0]

It would be very unlikely for you to be able to "have him put in removal proceedings" unless you are able to give proof to ICE that he has committed fraud and from what you have said it dont look as though it is a case of fraud.... as he is already a CPR if you divorce he can file to lift the conditions alone....

I would stop worrying about him and worry about yourself and the children.... he has the best of both worlds right now... he is not giving you any support money/physical and he is living rent free in your home...

seek advice from a divorce lawyer about making sure you and the children are protected and let him stand on his own 2 feet.... he has friends who can help him...

Good Luck

Kezzie

Thanks, Kezzie.

The above response prompt me to ask simpler question...

What effect does withdrawing a petition for Permanent Residency have on an alien? I assume that it put the alien "out of status"- correct?

Doesn't it follow that USCIS will take some action such as schedule a hearing?

Thanks.

[diadromous mermaid 36]

He is a Conditional Permanent Resident. If things were fine we would have to file the I-751 to Remove Conditions between Dec 07 and Feb 08.

The answer to what I want is that he be put in removal proceedings. The reason for posting is to see if anybody has been inor knows of a similar case, and what the outcome was.

If a divorce is final prior to the 2-year anniversary of receiving his Conditional GC, he can file the a Waiver excusing him from a joint filing of the I-751, but to get his permanent GC he must submit documentation proving that he entered into the marraige on "good faith". USCIS states clearly that the burden of proof is on the alien to prove this, not on USCIS to prove otherwise. I don't think he can prove this, and if I'm am called to a hearing I will tell it like it is. I have some evidence to back up some of his actions which were not in "good faith", depending on how you define that.

Also, I forgot to mention in my original narrative that prior to his arrival I formally converted to Catholism (HIS religion) and planned on a Catholic marriage. Although prior to arriving he said "anything I want", once here he refused to marry in the church- insisting on only a civil ceremony.

Sooosad,

I can appreciate the emotional turmoil that a discovery like this thrusts you into. Add to that a new baby, and all that an event of such sort brings, and it can seem a little overwhelming, I am sure.

Now, as to the options. You state that you wish to place him in removal. You don't have the ability to do that. This would only occur, were a future adjustment (namely the removal of conditions application) be denied for one of several reasons, or if his permanent green card were to be rescinded.

If he is the father of your child, have you thought of the implications of such a desire? Not that you should not follow your hunch, but it will be far more difficult to enforce child support obligations with an ocean between you. Once you've thoroughly digested the long term implications of his either being forced to leave the country, or attempting to remain, albeit illegally, might have any the child's entitlement, we can address what is in your control.

First, since your husband was working we'll presume you've submitted the AOS package. Has it been approved yet? If it has and the I-864 is in place, you cannot unilaterally withdraw it. Once the petition to which it is a requirement has been approved it is legally enforceable and irrevocable. Notwithstanding, if any approval is rescinded, or a future petition is denied, the I-864 will fall with it.

How does one go about being proactive on any rescission or denial in the future? Well, you would have to present clear and compelling evidence that would cause USCIS to suspect fraud. I can appreciate that perhaps you may not have placed online all evidence in your possession, but please understand that it would have to be relatively clear cut. We all know that the intent upon entering the marriage is the lynchpin to a successful finding of fraud on the part of USCIS. What is often misunderstood is that activities after the marriage has been consummated, can and do assist in corroborating a suspicion.

Document what you have in terms of evidence and craft an unemotional and factual accounting of what precipitated your concern that this was a plan from the outset. I will forewarn you, adultery, alone, is not indicative of fraud for immigration benefit and most often those cases that are reported that appear to have adultery at the core, can very often not result in the finding that one desires. Be sure not to "ask" for a result in your correspondence, such as "I want to see this person removed". Simply bring to the immigration service's attention that which causes you, as a USC, to believe that you have been utilised as a tool, primarily for your husband to gain permanent residency. The Service will decide what or if there will be consequences to your husband's immigration process. You can offer to make yourself available for testimony, should they deem that necessary.

Once you have crafted the report, with evidence that you have, submit it to both the Service Center over your jurisdication and the local office. Be sure to include his A# and any corresponding approval notices.

Edited November 1, 2006 by diadromous mermaid

[bhajishah 4]

good advice mermaid

i dont get you do or dont want him in babes life, if he gets deported welll then .So my opinion, use your anger in constructive way, get a some legal help, sign up for free if needed, or just produce a payment plan, Get him removed from the house, he want to go run with the gutter then let him live in the gutter. Have him get kicked out, call cops he become abusive etc..let uscis worry about citizenship status, get him away from your family before you get more stress and distress and have hard time taking care of your family.

Having your cake and eating it too is not what marriage is about. He dont care about you then why should you care about his health and etc financial problems.. Say SOO long loosah im wayy to good of a person for you.

[Aussielad 37]

well,..i understand that your really bitter about what happened, but dont wish the worst for him, remember......it takes 2 to tango.

well,..i understand that your really bitter about what happened, but dont wish the worst for him, remember......it takes 2 to tango.

[Candace 2]

well,..i understand that your really bitter about what happened, but dont wish the worst for him, remember......it takes 2 to tango.

well,..i understand that your really bitter about what happened, but dont wish the worst for him, remember......it takes 2 to tango.

Saying it twice didn't make it any more helpful. She explained very clearly that his 'tango-ing' was being done with someone else and that's no fault of hers. She is already 'not wishing the worst for him' by having the (by her admission) lying, cheating man still living under her roof.

To the OP - sorry you are in this situation and I cannot offer anything constructive, but I echo what Kezzie said above - you need to keep your children's and your needs at the highest priority. Good luck to you.

[PurrSuede 0]

well,..i understand that your really bitter about what happened, but dont wish the worst for him, remember......it takes 2 to tango.

well,..i understand that your really bitter about what happened, but dont wish the worst for him, remember......it takes 2 to tango.

Saying it twice didn't make it any more helpful. She explained very clearly that his 'tango-ing' was being done with someone else and that's no fault of hers. She is already 'not wishing the worst for him' by having the (by her admission) lying, cheating man still living under her roof.

To the OP - sorry you are in this situation and I cannot offer anything constructive, but I echo what Kezzie said above - you need to keep your children's and your needs at the highest priority. Good luck to you.

I'm just going to add that until you are in the position as the OP, or a similar one, it's hard to discern exactly what your feelings are, or should be.

Sure it takes 2 to tango, but on the other hand, if someone promises you a tango and gives you a waltz-around instead, it's darn hard not to be angry and a bit bitter.

That being said, I'd love to see my ex- kicked out of the US, for all the ####### she pulled, but even if that happens, I'm still out the cash from the divorce settlement it took to get her the hell out of my life once and for all...

I would suggest to anyone who offers an "anti-bitterness" pill, that perhaps if you walk a mile in the OP's shoes, then it's fair enough to indulge such comments and criticisms.

Of course if you walk a mile in someone else's shoes, then you're a mile away and they're barefoot, so they'll have a damn hard time catching you for your criticism

-- Dan, who thanks the God/dess every day we didn't have the children she ~said~ she wanted...

[Boiler 45,972]

So he is a PR now.

When you divorce he can file, the cahnces of him being deported are extrememly low, no ned to go there.

Your only immigration concern is the Affadavit of Support that you signed, hopefully he will not twig that he may have come back against you.

Everything else if for a Divorce Layer to advise you on.

[soooosad 0]

Thank you to everyone who has supplied constructive and or supportive comments.

Diaddie, what I have been planning on doing follows your advice- simply to write a letter outlining the course of events that, when looked at as a whole, indicate (imho) that he did not enter into our marriage in good faith. I do realize that adultery would not be considered proof of this, and don’t plan on requesting any particular outcome. I am going to schedule an INFOPASS appointment to discuss with an Officer what will be the effect of submitting this "withdrawal of support" letter at this stage is the game, when we have more than a year until the Conditional period is up. If the written withdrawal of my support is simply symbolic at this point because it will not put him out of status, then that's OK.

The general opinion seems to be that his ability to lift conditions once the divorce is final is almost guaranteed. What I have read is that in order to do this he must submit proof of his "good faith" to support his waiver. In my wildest imagination I can't imagine what he could pull together, and if USCIS already has my written statement and some documentation to the contrary, isn't there a chance the lifting of conditions could be denied?

It’s not so much that I’m intent on him being deported out of bitterness. I just don’t want to be the one to make that decision- it’s an ENORMOUS burden and really not my right. That’s USCIS’ job. IMO if I don’t speak up and say “this is actually what happened”, than I’m not doing right by me and certainly not teaching my daughters what they should expect in the way of good treatment by a man, my sons what is an acceptable way to act or treat a women, or any of them any regard for the law. If he’s denied Permanent Residency and cannot be here with our daughter, it’s through his own doing, and he needs to answer to our daughter, not me. This is where my thinking has changed over the past few months- it’s not my job to protect him for her sake. As far as child support goes, I don’t ever expect to get awarded any anyway because his earning potential is so little.

OK, off my soap box

[sheraz 0]

Thank you to everyone who has supplied constructive and or supportive comments.

Diaddie, what I have been planning on doing follows your advice- simply to write a letter outlining the course of events that, when looked at as a whole, indicate (imho) that he did not enter into our marriage in good faith. I do realize that adultery would not be considered proof of this, and don’t plan on requesting any particular outcome. I am going to schedule an INFOPASS appointment to discuss with an Officer what will be the effect of submitting this "withdrawal of support" letter at this stage is the game, when we have more than a year until the Conditional period is up. If the written withdrawal of my support is simply symbolic at this point because it will not put him out of status, then that's OK.

The general opinion seems to be that his ability to lift conditions once the divorce is final is almost guaranteed. What I have read is that in order to do this he must submit proof of his "good faith" to support his waiver. In my wildest imagination I can't imagine what he could pull together, and if USCIS already has my written statement and some documentation to the contrary, isn't there a chance the lifting of conditions could be denied?

It’s not so much that I’m intent on him being deported out of bitterness. I just don’t want to be the one to make that decision- it’s an ENORMOUS burden and really not my right. That’s USCIS’ job. IMO if I don’t speak up and say “this is actually what happened”, than I’m not doing right by me and certainly not teaching my daughters what they should expect in the way of good treatment by a man, my sons what is an acceptable way to act or treat a women, or any of them any regard for the law. If he’s denied Permanent Residency and cannot be here with our daughter, it’s through his own doing, and he needs to answer to our daughter, not me. This is where my thinking has changed over the past few months- it’s not my job to protect him for her sake. As far as child support goes, I don’t ever expect to get awarded any anyway because his earning potential is so little.

OK, off my soap box

The biggest proof of good faith marriage is your child. Cant say that he did not enter into marriage in good faith because regardless of anything of anything, you have a child. Most times children are the proff USCIS is looking for

[soooosad 0]

The biggest proof of good faith marriage is your child. Cant say that he did not enter into marriage in good faith because regardless of anything of anything, you have a child. Most times children are the proff USCIS is looking for

Hopefully USCIS is not that naive. While it COULD represent good faith, there is not necessarily any correlation. If he had his way I would have had an abortion. He doesn't even support her financially- never bought her a diaper, a bottle of formula - NOTHING.