Urgent Question about my situation please

[VanessaTony 3,567]

I forgot to also mention that he sent me an email from russia asking me to cancel our divorce in exchange for his green card that says it all! It was not the first time he did that, BUT the first time I have it in a written format from him.

That's excellent! Send ICE everything you have, send it to USCIS as well. Hopefully they will listen. Sometimes they don't. All you can do is try.

Good luck!

[Shilaci 3]

I will be persistent and will not stop with just one mail Thanks. I have other proof like him being in a dating sites during our marriage where I print screened it where it showed when he became a member to that site, then since my parents lived under the same roof and witnessed our marriage just like I was a witness to my own marriage, they will also write statements to confirm my own report. Anyways, thank you guys for your help! And for the rest, I would appreciate if they have nothing useful to say, to move on with the post instead of turning it into accusation of why I am interested in what happiness to him...I am interested and will be interested, capish

[Gosia & Tito 199]

P.S. I guess before even getting to his eb1a...my direct question here should have been the following:

CAN HE FILE FOR I-751 AS A DIVORCED IMMIGRANT WITHOUT SHOWING ANYTHING TO IMMIGRATION (ONLY SOME WITNESS AFFIDAVITS)...HAVE YOU SEEN ANYONE GETTING THEIR GREEN CARDS BY NOT PROVING THE USCIS ANY PROOF OF BONAFIDE MARRIAGE. I AM ASSUMING THAT MY FRAUD REPORT ON FILE WILL NOT HELP HIM EITHER WHEN THE USCIS ASKS FOR DOCS AND GETS NOTHING FROM HIM. THE ONLY WAY HE CAN PROVIDE DOCS IS IF HE MAKES THOSE HIMSELF FROM HOME THROUGH PHOTOSHOP LOL

SO I AM more concerned with his i-751 now. it seems to me here that even married couples with some joint docs in their possession sometimes get denied, so it seems that my ex has a very slim chance of getting a permanent green card while not submitting anything besides his i-7514 form.

The answers is, yes he can file anything he wants, inclusive to i-751; as for seeing anyone getting a GC without much proof, I do know of one case first hand (not in this forum). The situation was not a scam though, it was a genuine marriage but divorce (due to USC misrepresenting certain things, the spouse -woman- didn't think it twice and divorced), it happened before ROC and because there was little time together, there was virtually no documentation. All that was presented were a couple of affidavits; an interview did occur and the woman was able to present her case. GC was granted. That was several years ago however (about 14-15).

[Kathryn41 3,205]

A number of posts violating the Terms of Service have been removed. Any further posts attacking other members whether you agree or disagree with the content of their posts will lead to the poster being thread-banned. I will also remind everyone posting please to be courteous. Just because you don't get the answers you want to get or you don't agree with the information that has been posted it doesn't give you the right to be snarky with the posters.

For the record, from my long experience here on Visa Journey, Vanessa and Tony has given you the best answer that is possible on this site.

[Shilaci 3]

mine actually concealed the fact that he was previous married & divorced in russia!

if he had good intentions, then he shouldn't have hid his previous marriage from me!

he confessed because i heard it from a 3rd-part about this...the guy is a fraud and hope eh goes back to russia.

[kintu 4]

The only thing that he can do or will do is try to get a waiver for filing the ROC by proving that the marriage was in a good faith but did not work out.he might create , manipulate evidences that he left the US for so much time because of someone close being sick or also may accuse you of mental abuse that he could not bear and left.i mean , i am not sure.i am just writing whatever my mind is telling me to.if he had bad intentions in marrying you, Boy , he will try again but as other people said that his time away from US will be a negative factor.lastly,the comments are my personal and not meant to make you feel uneasy or anything.

Edited March 29, 2013 by kintu

[Shilaci 3]

nothing that made me feel uneasy it's an obvious thing, so I will expect that myself.

[Penguin_ie 5,993]

*** More off topic posts removed. Reply to the question in the OP or do not post; if you wish to chat, we have an Off Topic forum or this can be done via PMs. ****

[ppihtr123 68]

IMHO

1. Shilaci, your original question probably can never be answered here. You have described him as shady which I accept. Asking if a shady person will be successful in this forum is tough as we are all trying to follow the rules. From the way you describe him, he may not follow the rules so who knows what will happen. The fact is that there are many shady people in this world that may help him be even shadier.

2. Focus on what you need to do as part of your reporting requirements. Send all documentation to USCIS and ICE. You said he was married and divorced in post 35; did he commit fraud on the original application by concealing that fact which you also may have signed? Do you have evidence that he lied in his interview for CR1? Did he lie on your marriage license? Do the right thing and meet you reporting requirements or be guilty of aiding him.

3. I can understand your burning interest in his outcome. I don’t honestly know if you will ever be satisfied there especially since you are divorced and therefore you have no legal right to the information. Just be careful to not cross the stalking line.

Edited March 29, 2013 by ppihtr123

[Villanelle 4,122]

Im not going to address some of the other things brought up here and only tack on to Vanessas post as it was one of the only relevant posts.

The original question is can someone successfully ROC with limited evidence after a divorce and the answer is yes. Even someone who left the country for many months.

In order for HIM to successfully ROC- he has to prove he entered the marriage in good faith. The divorce was filed two months after the GC was issued, but they were married for a full year prior to the GC being issued. His ROC requirements are no different from anyone else. He needs to demonstrate he entered in good faith. The burden is on him. He needs to show his divorce decree. If theres no wording of marriage terminated on fraud- well- theres no indication of fraud unless she submits it another way. He can submit affs from people that knew them as a couple. He can submit bills or proof of joint residency, but in a divorce waiver its a bit of a moot point because the divorce decree is your proof of having joint assets or residency as it clearly states- parties resided together at X address and had X assets and split them accordingly. So in a lot of ways a divorce decree is an insanely strong piece of evidence showing you had a legitimate marriage and a joint residence with assets that needed to be dissolved.

You both went to court and made sworn statements that you resided together and had assets together and wished them to be separated.

SO what can you do now if you wish to effect his ROC process. Well the only way to effect his ROC process is to call into question his character. A large part of ROC is them believing his statement that he entered the marriage in good faith.

If you can establish that he didnt, or submit evidence that would cause them to doubt it- they can deny him. An email from him asking for you to 'cancel the divorce in exchange for him to keep his green card' (not quite sure how that would work or what you would get out of that) But thats definitely something that would call his character into question. If they feel hes not a trustworthy person, they wont believe him when he says- I entered this marriage in good faith and not for benefits and can deny him.

You also want to make sure you submit the entire divorce decree and what ever other separation papers went on because he may not submit it with his ROC packet. Perhaps there is something in there that he doesnt want them to see. Perhaps he even may be so inclined to alter the divorce decree if theres wording that may not be favorable to him. You never really know. If he does and they compare your copy to his copy, theyll see he submitted a fraudulent document and he'll be caught.

Youd write a letter, as unemotional and straight forward as you can manage and send it directly to USCIS. Preferably to the office that would be processing his ROC and doing his interview. You want it to get attached to his case, so include his A# on it, which Im assuming you have. Notifying ICE will do absolutely nothing, but you can notify them if you want. ICE does not investigate individual cases of fraud. If he was part of some kind of crime ring where they were defrauding groups of people for GCs or a web based operation- perhaps. But one man marrying one woman- they dont investigate that. You need it attached to his case.

You have to realize that USCIS is going to be aware of and consider the source of the information when looking at your letter. You are the ex wife. You could be bitter and just seeking revenge. So you want to be professional and not accusatory. You want to stick to things that only matter (to them) and you can prove.

Again the things that are going to matter to them are documented things that he is untrustworthy, or proofs of fraud or intended fraud.

So it seems like you have the email, and you also mentioned he was previously married and you didnt know about it. Im not sure where you were married. In a lot of places you need to disclose on the marriage license previous spouses- if he failed to do so- you can cite that as HUGE example that he has no problem filling out applications with gov agencys incorrectly for benefits. So I suggest you take a look at your marriage license and see if there was a space for that. Even if there wasnt- I dont think its much of a stretch to state in the letter that during the application for your marriage license and during your engagement he failed to disclose his prior marriage. Just watch your wording. Do not say- he didnt list it, if theres no place to list it. But you can say he didnt disclose it. You know what Im saying? If he failed to list it- Highlight the places he shouldve listed it and make a big deal about his failure to do so.

Some where in the letter you should include something like, you are making these statements to the best of your knowledge and abilities and they are all truthful. And that you will come in in person and swear to them if requested. (optional- but it shows that you stand behind what you are saying) Some people do get asked to come in for interviews based on their letters and to sign stuff in person.

---

If his ROC is denied he may or may not be able to get other visas. Its going to depend on why his ROC is denied and what visa hes apply for next. If its just denied because he didnt have enough evidence of the marriage- then he should have no problem obtaining other visas. But if the adjudicator reviewing it finds a gross misconduct of fraud and labels in it his file, then thats always going to be in his file.

As others have explained- youre never going to know the outcome (unless you see him in the US- and even then who knows his status) and youll never ever know whats in his file.

(You may possibly and Im not entirely sure about this- youd have to check- but if you signed the 864 for him, you may be able to inquire after significant amount of time had passed and his ROC shouldve went through, you may be able to inquire somewhere if your 864 is still in effect (?) I really dont know. Because if they say it is, that means he did ROC. But Im not quite sure who you ask- is my 864 still in effect. Im inclined to think they will give you a standard answer of its in effect until the conditions are met blah blah blah and wont tell you if he has a GC or not for privacy reasons... If anyone has any thoughts/input on that/)

[VanessaTony 3,567]

mine actually concealed the fact that he was previous married & divorced in russia!

if he had good intentions, then he shouldn't have hid his previous marriage from me!

he confessed because i heard it from a 3rd-part about this...the guy is a fraud and hope eh goes back to russia.

Do you have proof of this? Did you find out after he was here? Or while he was in the US? The reason I ask is because if he didn't disclose it to USCIS on the forms, and you have proof (or a name or some sort of information) I would send that to ICE and USCIS. It's not necessarily going to get him kicked out but it helps show a pattern of lying behaviour.

When you send this information to ICE and USCIS, try and be as unemotional as possible. They get a LOT of reports from bitter exes and they tend to ignore them as bitter exes. Be factual. Something like:

"Please see the enclosed timeline and information in regards to my husband, [Husband Name], who I have come to realise married me for solely for immigration benefits. The timeline of events are as follows:

- [DATE] - Arrived in US where he lived with my parents and myself

- [DATE] - Married

- [DATE] - Joined [website] (screenshot showing date joined and profile information enclosed)

- [DATE] - Filed for AOS

- [DATE] - I discovered he had been married and divorced in Russia, he did not tell me this before. (evidence enclosed)

- [DATE] - Received his greencard

- [DATE] - Left me and moved back to Russia where he worked

- [DATE] - I filed for divorce

- [DATE] - Received an email (enclosed) asking me to cancel divorce so he could get GC

- [DATE] - Returned to US, location unknown

- [DATE] - etc etc

Also please find enclosed, Affidavits from [names] who can confirm the above information.

[Husband Name] lived with my parents [names] and I from the time of his arrival to the time of his departure. We did not share any bills, bank accounts [whatever else] as he left before any of that could be organised.

I do not believe his intentions towards our marriage were truthful. I had planned to grow old with this man and the knowledge he has used me hurts more than you could imagine."

Something like that anyway. The more factual the are, the more they listen.

[dwheels76 5,468]

Do you have proof of this? Did you find out after he was here? Or while he was in the US? The reason I ask is because if he didn't disclose it to USCIS on the forms, and you have proof (or a name or some sort of information) I would send that to ICE and USCIS. It's not necessarily going to get him kicked out but it helps show a pattern of lying behaviour.

Doesn't her showing proof he was married before and didn't disclose on Immigrations forms a BIG misrep on his part which consist of a ban? This is more than a pattern of lying I would think. Seems OP you have alot in your Arsenal to show why this man doesn't deserve a green card.

[Villanelle 4,122]

Well theres multiple locations where prior spouses names have to be disclosed on USCIS forms and depending on where you were married- sometimes on the marriage license. The OP didnt state where or how she discovered the prior marriage. If she found out about it because she saw it on a USCIS form but it wasnt on the marriage license then he committed no fraud with USCIS but he did lie on the marriage license. She can still establish he has history of fraud. If he lied to USCIS and the marriage clerk- he has a double history of fraud and USCIS will take it much more personally (and actionable) if it was their forms.

The OP would have to look through her documents and put the pieces together and then publicly post here if she chooses, establishing what fraud he committed that she can prove.

[Harsh_77 718]

ICE/USCIS only seriously considers reports that have concrete proof, and even then.... no one does anything.

Absolutely I am assuming OP has the proof that marriage was a sham.

[Harsh_77 718]

OP I read your post of you finding out he was married and divorced, do you have a solid proof of that?

That would be mis-representation he should have mentioned this on his immigration forms.

Other thing is you can collect all the evidence that you have that this marriage was sham and submit it to USCIS and ICE beyond that there is not much you can do, when he will have to go back to remove his condition USCIS and ICE would deal with him at that point.

Outcome of that cannot be predicted as we have seen some cases pass thru them and some having hard time to pass thru removal of condition.

The other thing you asked about him chaning to EB1 what bases does he have for that?

As far as I am aware there is no such thing like changing from one green card to another.