wife left and filed divorce

[skydreamer1 0]

I filed CR-1 for my wife, she came her 3 years ago in Jan 2010, had many problems with her. She left me and went back to her country without telling me or my family after 7 months she immigrated to the U.S in Aug 2010, I accepted her back after reconciliation in Nov 2010 and we did a post-nuptial agreement. She left me again in June 2012 and went back to her country after an argument, one month after she received her 10 year green card. She filed for divorce in Sept 2012. On her divorce declaration, she lied about not knowing any English, no finance (she had $10000 in her possession when she left in June 2012 which I gave her), that she was in force in duress without legal counsel to sign the post-nuptial agreement, where she was living. What can I do with USCIS to have her investigated for fraud in order to gain access to the U.S and now trying to gain finance from me during the time we married? Thank you

[IndigoSkies 168]

You need a divorce lawyer. You can't get USCIS to investigate her. She's got her green card. Even if she didn't get the 10-yr card, she could've gotten it without you I'm sorry to say but you've done goof'd. Time to cut your loses (as best as you can) and move on.

[Penguin_ie 5,994]

** Moving from ROC to Effects of Major Changes as OP's wife already has the ten year card ****

USCIS won't be interested- your wife did not defraud you from what you say above, you are simply miss-matched and she may not like living in the USA. If you have actual proof (letters/ emails by hr stating so) she stayed with you and reconciled SOLEY to get the ten year greencard, then send that with a letter to ICE. Otherwise, get a good divorce lawyer, and if you can, proof that she was not under duress to sign the post-nup (witnesses). Are there any kids involved? If not, she is unlikely to get alimony from such a short marriage in most states.

[skydreamer1 0]

You need a divorce lawyer. You can't get USCIS to investigate her. She's got her green card. Even if she didn't get the 10-yr card, she could've gotten it without you I'm sorry to say but you've done goof'd. Time to cut your loses (as best as you can) and move on.

That's pretty much what I been getting from researching online regarding to USCIS handling of fraud, they pretty much don't do anything. I have a lawyer and we are considering filing annualment of marriage due to her falsafication on her divorce declaration and circumstancial evidences

[skydreamer1 0]

** Moving from ROC to Effects of Major Changes as OP's wife already has the ten year card ****

USCIS won't be interested- your wife did not defraud you from what you say above, you are simply miss-matched and she may not like living in the USA. If you have actual proof (letters/ emails by hr stating so) she stayed with you and reconciled SOLEY to get the ten year greencard, then send that with a letter to ICE. Otherwise, get a good divorce lawyer, and if you can, proof that she was not under duress to sign the post-nup (witnesses). Are there any kids involved? If not, she is unlikely to get alimony from such a short marriage in most states.

Thank God we don't have any kids, but I am paying her alimony since she did not work during the time she's been here. I have some prove that's she was using me to get the 10 year green card.

[Merrytooth 5,748]

You should also never be alone with her, in case she accuses you of abuse.

[IndigoSkies 168]

Thank God we don't have any kids, but I am paying her alimony since she did not work during the time she's been here. I have some prove that's she was using me to get the 10 year green card.

That's what you discuss with your divorce lawyers who then proves to the judge that she was using you. Maybe they can stop the alimony payment. But I wouldn't be too excited. Rarely judges reverse child support or alimony judgments. That's why you don't marry someone without knowing them. I'm sorry, bro. You are just going to dig yourself out of the hole one spoonful of dirt at a time. This ain't the end. Keep being hopeful.

[Darnell 8,478]

she filed for divorce? so she's the petitioner, you're the respondent.

SHE controlled the process for divorce, the wording of the divorce, not you.

It was on you to challenge the wording of the divorce petition and subsequent divorce decree.

But, with that said - you really want to build a case, showing that the marriage was a sham for immigration purposes, that you were duped, that you suffered financial loss. OK - I get that.

Then, based on the evidence and stuff, you want to engage with ICE , showing them that the marriage was a sham, and throw a pile of evidence to them, having a ICE officer do due diligence, research, and issue a finding with subsequent green card revocation order.

I think you're in for a long haul. I won't say it's impossible, but mostly improbable. ICE folk are really busy, and it's near impossible to get the right fella the first time. You won't know if you have a shot until an ICE officer sits you down, face to face, and tells you so. Prior to that, you must spend time building a case. For some people, it is too much work.

Good Luck - whatever you decide to do.

[Grant PDX 183]

You are going to have a lot more success in the Divorce process than the ICE process. Even if you get hurt in the divorce, I expect nothing will come out of the immigration side stuff. You can submit all you want, and at least they will have a file. I've seen too many others post with solid cases where it seems nothing happens. Based on what you've said, I don't see a rock solid case of fraud. Go ahead and send it in, but only if it makes you feel "complete" to do so.

On the divorce side, if you can do the annulment I'd recommend it. If it's not possible you can potentially limit your liability with a good attorney. Having recently looked at a Pre-Nup, I understand that if she didn't have an attorney for that process, her current attorney can pretty easily rip it up. It varies state by state, but I'm looking at the possiblity of setting one up with my future wife (mostly to protect assets for my kids) and it was very strongly suggested to me that my future wife hire an attorney for that. Otherwise it is close, not totally there but very close, to worthless. It can be ripped apart by a competent attorney.

Focus on the divorce, get a good attorney. If you had significant asset increases or changes during your brief marriage she could have hooks into them. Pre-marital assets are yours unless they look comingled. Again, it varies state by state, but having gone through the process in the not too distant past, protect yourself.

Good luck!

[Gary and Alla 3,694]

I filed CR-1 for my wife, she came her 3 years ago in Jan 2010, had many problems with her. She left me and went back to her country without telling me or my family after 7 months she immigrated to the U.S in Aug 2010, I accepted her back after reconciliation in Nov 2010 and we did a post-nuptial agreement. She left me again in June 2012 and went back to her country after an argument, one month after she received her 10 year green card. She filed for divorce in Sept 2012. On her divorce declaration, she lied about not knowing any English, no finance (she had $10000 in her possession when she left in June 2012 which I gave her), that she was in force in duress without legal counsel to sign the post-nuptial agreement, where she was living. What can I do with USCIS to have her investigated for fraud in order to gain access to the U.S and now trying to gain finance from me during the time we married? Thank you

Nothing.

She has left the US and the only financial gain she will receive is through civil courts. USCIS could not possibly care less. Not even possible.

hotukrainianwives.com could possibly help out. Good luck

Edited January 21, 2013 by Gary and Alla

[Gary and Alla 3,694]

she filed for divorce? so she's the petitioner, you're the respondent.

SHE controlled the process for divorce, the wording of the divorce, not you.

It was on you to challenge the wording of the divorce petition and subsequent divorce decree.

But, with that said - you really want to build a case, showing that the marriage was a sham for immigration purposes, that you were duped, that you suffered financial loss. OK - I get that.

Then, based on the evidence and stuff, you want to engage with ICE , showing them that the marriage was a sham, and throw a pile of evidence to them, having a ICE officer do due diligence, research, and issue a finding with subsequent green card revocation order.

I think you're in for a long haul. I won't say it's impossible, but mostly improbable. ICE folk are really busy, and it's near impossible to get the right fella the first time. You won't know if you have a shot until an ICE officer sits you down, face to face, and tells you so. Prior to that, you must spend time building a case. For some people, it is too much work.

Good Luck - whatever you decide to do.

She left the country and is suing him in civil court. How is that fraud?

Get on with life, try a Ukrainian next time.

[Moomin 292]

What exactly is it you want USCIS to do? Deport her on what grounds?

Had you divorced before her getting a 10 year greencard, she'd still be able to remove conditions on her own provided she proved entering the marriage in good faith. Since she got her 10 year greencard as still being married to you, there's not really a case of you being forced to put up with her behaviour. As you mentioned, you accepted her back.

If you don't have any proof of her entering into the marriage for immigration purposes only, then I'd suggest moving on.

Divorce and USCIS are two different things. Well, both USCIS and greedy exes may be out for your money indeed, it's not unless your exwife misrepresented herself to immigration that you have anything to bring to the table.

[Love's JAA 100]

You are going to have a lot more success in the Divorce process than the ICE process. Even if you get hurt in the divorce, I expect nothing will come out of the immigration side stuff. You can submit all you want, and at least they will have a file. I've seen too many others post with solid cases where it seems nothing happens. Based on what you've said, I don't see a rock solid case of fraud. Go ahead and send it in, but only if it makes you feel "complete" to do so.

On the divorce side, if you can do the annulment I'd recommend it. If it's not possible you can potentially limit your liability with a good attorney. Having recently looked at a Pre-Nup, I understand that if she didn't have an attorney for that process, her current attorney can pretty easily rip it up. It varies state by state, but I'm looking at the possiblity of setting one up with my future wife (mostly to protect assets for my kids) and it was very strongly suggested to me that my future wife hire an attorney for that. Otherwise it is close, not totally there but very close, to worthless. It can be ripped apart by a competent attorney.

Focus on the divorce, get a good attorney. If you had significant asset increases or changes during your brief marriage she could have hooks into them. Pre-marital assets are yours unless they look comingled. Again, it varies state by state, but having gone through the process in the not too distant past, protect yourself.

Good luck!

The OP's got a post-nup. From what I understand from a lawyer I had consulted, those carry less weight, perhaps a lot less weight than a pre-nup. Yes I agree, that both parties should retain an attorney, for a pre-nup or post-nup.

[candy35 4]

were do u all meet these people i have read a lot of these storyes ... i guess this can happen to anyone yes pre nup if u have money

[del-2-5-2014 1,339]

she filed for divorce? so she's the petitioner, you're the respondent.

SHE controlled the process for divorce, the wording of the divorce, not you.

It was on you to challenge the wording of the divorce petition and subsequent divorce decree.

But, with that said - you really want to build a case, showing that the marriage was a sham for immigration purposes, that you were duped, that you suffered financial loss. OK - I get that.

Then, based on the evidence and stuff, you want to engage with ICE , showing them that the marriage was a sham, and throw a pile of evidence to them, having a ICE officer do due diligence, research, and issue a finding with subsequent green card revocation order.

I think you're in for a long haul. I won't say it's impossible, but mostly improbable. ICE folk are really busy, and it's near impossible to get the right fella the first time. You won't know if you have a shot until an ICE officer sits you down, face to face, and tells you so. Prior to that, you must spend time building a case. For some people, it is too much work.

Good Luck - whatever you decide to do.

An astute observation Herr Kapitan.

Many on here still wrongly believes that it doesn't matter who files first.