Urgent Question about my situation please

[newlyweds2010 208]

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.

If he has no proof that you two were in a bona fide marriage other than a couple of lame affidavits, I believe that he will have an uphill way to remove conditions. Even more so if in the meantime you contacted USCIS/ICE reporting the fraud. This is also my hope, because quite frankly I can't stand those that try to trick the system, making things longer and more difficult for the rest of us who are playing by the rules. However, other than reporting the fraud I don't think there is anything else you can do at this time.

[Shiobhan 235]

OP ....I feel your pain, I don't know much of the answers U need here & maybe U were just wanting to talk behind a computer screen

sis concern yourself mainly with the responsibility of I 864 and him being able to collect from you. the relationship seem to be over,

if U have evidences that he fooled U then send copies to the pertinent immigration depts. & let it go....honey after every storm comes a calm

wishing you the best.

[Brian1967## 119]

Shilaci,

please report all your findings to USCIS/ you can call the ICE hotline and file complaint online, right now I have heard they are really looking at all I751 and rejecting them at a fair rate and putting more of the people who abuse the system out of the country. I know your pain my ex spouse from Ukriane attacked me in our home, tried to have me picked up for domestic violence (did not work), tried to threaten me with a federal lawsuit, tried to take everything I worked for, as a result I will loose my home and start over again, I have decent job and should not take to long. there is no evidence of comingled property she got a car in divorce but was never in our names:) The reason I am telling you this, those of us that have been through this know and understand your deep pain, that deep pain that is in your heart, I beg you submit your evidence and try to move on to a better life this person did hustle you, some people move here with all the intensions to get a green card. Others for true love I like to think most I beg you put your evidence together submit it file for divorce and be healthy and try not to focus on getting even, USCIS will see this and think you are either a stalker or just crazy and your ex will get everything he wants. Stay clear of him to avoid abuse charges. Above all else just keep level head, USCIS will not tell you anything at all, it is not your case it is his and there are laws in place. I am deeply sorry for your hurt

[Shilaci 3]

Thanks guys, for all of your helpful comments, which are absolutely helping me! yay!

Instead of individually answering each question, I'll do it collectively instead.

First of all, the way he confessed about his marriage 6 months AFTER our marriage is because his relative visited the US as a tourist and that relative basically mentioned his past to his cousin in here who had a troubling relationship with my ex so the ex freaked out that his cousin would intentionally mention this to me and that would put him in trouble if that came out from a 3rd party. His relative mentioned this very innocently as he had no idea that my ex was keeping this a secret from me and from the USCIS. That same relative was the one who actually helped him with the divorce back in russia, so he knew the story behind that divorce. Unfortunately, that relative can not testify because he is away from the US and I do not have any contact nor do I wish to contact anyone on his side, but I can mention this to the USCIS to investigate themselves and will find out directly! So this is why my ex confessed about his marriage & divorce to me and to my family because he was scared that if we heard it from someone else then he was going to do in trouble!

I need to look at my marriage certificate to see about a previous marriage, but I think there was a section where it said previous divorce...so yeah that's such a good idea and thanks so much...didn't think about the certificate at all actually. ))))

Also, I'm from California and ours is a no-fault divorce state where you do not have to list reasons to your divorce...it doesn't give you much options rather than differences and a few other ones. I guess I need to mention this to the USCIS to make them understand the situation. By the way, you know what he told me before, he said that if I mention his divorce to the USCIS, he would say that I intentionally did not mention his divorce in the forms to later blackmail him lol..he's a pig basically! What happened is that I typed my part of info, then called him to my room so that he could tell me his info from Russia for me to input, and even then after our marriage he did not say anything. Only when he got in trouble through his relative and cousin that he was forced to say something.

Thanks so much again, I rally appreciate all of your comments and help )) I'm getting started now and sending it all today.

[Shilaci 3]

P.S. Never fall for a man with model looks and great body lol... learn from my mistake please!

[Shilaci 3]

I had an idea, but not sure if this will any difference at all rather if just go straight to the uscis. Should I also write to the US Consulate in Russia and send them all the proof...will this also help in your opinion or not. I am not sure if they have files there that they keep on people or if it's all computerized nowadays. Not even sure if they will end up considering it. Just a thought....

P.S. I just went and got bunch my marriage certificates (copies) to send!

[jaycali 415]

I had an idea, but not sure if this will any difference at all rather if just go straight to the uscis. Should I also write to the US Consulate in Russia and send them all the proof...will this also help in your opinion or not. I am not sure if they have files there that they keep on people or if it's all computerized nowadays. Not even sure if they will end up considering it. Just a thought....

P.S. I just went and got bunch my marriage certificates (copies) to send!

Basically, and you've heard this before - any evidence you have will be taken into consideration by the USCIS when/if he filed for ROC with a divorce waiver. They will not determine his case based on your statements alone - Not accusing you of anything, but there are a lot of bitter ex-wives and husbands out there reporting their exes for fraud to the USCIS solely to "get back at their ex." The USCIS knows this so they won't give your statements too much weight unless they're backed up by some sort of evidence. Your reporting will however be taken into account as part of the entire package. The better and more convincing evidence you have, the better.

Telling the USCIS "Look, he left me after 2 months!" is not evidence - For all they know, you could have cheated after the interview, or your marriage could have somehow fallen apart due to countless reasons in that time frame. If you have something in writing where it states specifically that he used you, or can somehow prove that he didn't live with you - That's excellent.

Again, as others have stated in this post, you're not a part of his ROC. He will have to prove, himself, to the USCIS that he entered the marriage in good faith. Now, when filing ROC with a divorce waiver, the burden of proof is on him and not on the USCIS. So if he literally has nothing but a couple of affidavits from his friends, and a fraud accusation from you, he'll have a very hard time proving the marriage was in fact bona fide.

Should he be denied for fraud, he'll have to look very far for any future green card, whether family based or employment based. If he abandons his GC voluntarily before filing ROC, his chances of getting an employment based green card later on would be higher.

As a side note, if you do think he used you for a green card, I understand very well why you're eager to make sure you do what you can to make sure he doesn't get his ROC approved! Good luck!

Edited April 1, 2013 by Jay Jay

[Shilaci 3]

Thanks for your great answer!

I do have evidences, so will keep my fingers crossed.

[milimelo 4,481]

I had an idea, but not sure if this will any difference at all rather if just go straight to the uscis. Should I also write to the US Consulate in Russia and send them all the proof...will this also help in your opinion or not. I am not sure if they have files there that they keep on people or if it's all computerized nowadays. Not even sure if they will end up considering it. Just a thought....

P.S. I just went and got bunch my marriage certificates (copies) to send!

Given that Department of State and USCIS are different institutions it can't hurt to send info to the US Consulate in Russia as well. They should be able to tie it to his record there and if necessary do a bit of digging around - fraud unit.

[Shilaci 3]

That's exactly what I was thinking, but I was not sure if it would make any sense, but a few other people told me already that it is worth the try. I will send it tomorrow.

[jaycali 415]

Given that Department of State and USCIS are different institutions it can't hurt to send info to the US Consulate in Russia as well. They should be able to tie it to his record there and if necessary do a bit of digging around - fraud unit.

That's exactly what I was thinking, but I was not sure if it would make any sense, but a few other people told me already that it is worth the try. I will send it tomorrow.

Agree, it's worth a shot. Then you've told both the DOS and the DHS. The consulate does have a fraud unit.

[Shilaci 3]

Just an update...I wrote a detailed letter by providing info as to how he concealed his previous marriage from me & from the USCIS, also showed how he is lying to everyone via his website claiming to be a PhD while also only mentioning a Masters degree on his other website, how he took off right away with his card and left for 7 months and how I immediately filed for divorce after 2 months of abandonment. I also turned in an email from him offering me money by writing at the very bottom that "I swear under..." and even said that if needed, I would be more than happy to go to my local uscis office to swear that everything I have provided to the uscis is the truth.

Anyways, so the places I have sent the fraud report are as follows: National Benefits Center, Vermont & California Service Centers just in case my ex files his i-751 in either of those centers (though it should be California based on his current whereabouts), to my local USCIS where we had an interview, the my district director who oversees a few local USCIS offices, to ICE (though they probably won't do anything), to the USCIS Fraud detection & national security office in washington, to the local uscis office of the city where he currently resides explaining that I'd like them to keep it in his file as that's where he had moved, the DHS office of inspector general, to Napolitano (dept. of homeland security in washington), US customs & border protection, the US consulate in russia where he is from.

Do you think I have 'gone' through the most relevant offices in this case and someone would actually read and look through my enclosures....im am hoping for this! Do you think there's anything else I could do. Oh, I also requested my Congressman's assistant to forward the letter on my behalf as well and he already heard from them. Basically the uscis officer congressional liaison said that if he has obtained a full-time job overseas and been away for more than 6 months, the uscis and the us customs & border protection could determine an abandonment, they also said that they will forward this to the fraud detection unit and if the fraud detection unit finds fraud in my report, they will then refer to the ICE. At the end they said that when my ex applies for i-751 he will have to show that he entered the marriage in good faith, and that my info will be also taken into consideration. BUT there was NO mention of withdrawing my I-130, which is something I was hoping for a lot. I asked a lawyer about their response and he said that they gave me a formal response, nothing unusual. So what do you guys think...do you think I should also contact other places. Thanks for an advice.