fiancee refuses to give me my GR

[who 0]

so here is my story, i came on k-1 got married and after that my wife decided that she doesn't wanna be with me anymore and kicked me outta the house, and then she received my EAD and refused to give it to me and now she received my CGC and she refuses to give it to me(she filed for annulment and it's not finalized yet) i have been without an ID for almost a year, she has my immigration mails plus other documents of mine that she refused to give it to me as well. i have changed my address at the post office but for some reason they still delivered the GC to the old address...

what should i do? i cannot even leave the country to visit my family because i have no AP nor GC on me. i don't wanna go to the police and told em my situation because i still care about her even though she hurt me so much.

what are my options? please only people with knowledge and experience, no room for haters. thanks

[Mariana2012 89]

You need to inform USCIS when you change your address within 10 days .

after you inform uscis of your new address you can ask for a new greencard I believe it is around $450 and you need to do biometrics again.

You need to get divorced to remove conditions on your own,. You are probaby not going to police because you think you'll be able to remove conditions without USCiS finding out you are separated.

if you think you can fool them into thinking you are still with your wife you are making a big mistake because you need to send a lot of proof of living together in order to remove conditions without interview.

Once divorced all you need to do is prove that marriage was in good faith and then you can remove conditions on your own with a waiver.

Edited April 13, 2013 by Mariana2012

[Inky 1,111]

Moved from adjustment of status to effects of major family changes as OP has already completed adjustment of status and is now having family changes issues.

[reese1 68]

You need to inform USCIS when you change your address within 10 days .

after you inform uscis of your new address do that you can ask for a new greencard I believe it is around $450 and you need to do biometrics again.

You need to get divorced to remove conditions on your own,. You are probaby not going to police because you think you'll be able to remove conditions without USCiS finding out you are separated.

if you think you can fool them into thinking you are still with your wife you are making a big mistake because you need to send a lot of proof of living together in order to remove conditions without interview.

Once divorced all you need to do is prove that marriage was in good faith and then you can remove conditions on your own with a waiver.

[who 0]

You need to inform USCIS when you change your address within 10 days .

after you inform uscis of your new address you can ask for a new greencard I believe it is around $450 and you need to do biometrics again.

You need to get divorced to remove conditions on your own,. You are probaby not going to police because you think you'll be able to remove conditions without USCiS finding out you are separated.

if you think you can fool them into thinking you are still with your wife you are making a big mistake because you need to send a lot of proof of living together in order to remove conditions without interview.

Once divorced all you need to do is prove that marriage was in good faith and then you can remove conditions on your own with a waiver.

Thanks for ur reply, i'm not thinking about conditions or whatever its called, i wanna save some money and go back to where i come from, i just don't wanna be stuck with no ID. do you think they might ask for an interview this time in case i report my change of address? or will they send me another green card without asking for any further evidence? and do i have to wait for another 10 months to receive the new card?

[N-o-l-a 7,168]

If you have already received the greencard (are you sure it has come?), then the best bet would be to go to the local USCIS office and explain the situation. You are legally in the country even if she is holding your greencard, which is a crime by the way. Opening someone else's mail is illegal and stealing it is worse! If you are sure she has done this and you are legally here, then go to the police and explain that she has stolen your greencard.

Edited April 13, 2013 by Nola123

[belinda63 3,047]

Contact USCIS, the Post office inspector general, and the police. If what you are saying is true she has committed several federal crimes. If you don't want to go to the police then change your address with USCIS and file for a replacement green card.

[Villanelle 4,122]

Thanks for ur reply, i'm not thinking about conditions or whatever its called, i wanna save some money and go back to where i come from, i just don't wanna be stuck with no ID. do you think they might ask for an interview this time in case i report my change of address? or will they send me another green card without asking for any further evidence? and do i have to wait for another 10 months to receive the new card?

You seem to have a lot going on here... Im not sure what you think youre going to be interviewing again for if you want to go home? So lets go back a little.

First- you said your wife is filing for annulment. Annulment and divorce are two different things in the US. Annulment basically means the marriage is erased. Divorce means the marriage happened and is broken apart. Annulments can be hard to get but are possible in cases of fraud. If your wife did actually file for annulment and it is granted- well, your GC is pretty much over. You'll never be able to remove the conditions on it because the marriage that it was issued based on was erased. It never happened. However if your marriage is ended in a divorce, you will be able to remove the conditions- because the marriage still exists, it was just terminated. (theres also the chance if your wife files for an annulment and it is granted that she notifies USCIS of the annulment and they terminate your current GC immediately making you an instant illegal and placing you in deportation proceedings- I really do not know if they will do that, but they can)

So you need to figure out if your wife filed for divorce or annulment. Are you planning on staying in the US or going back home for good?

If you just want to work a while and then go back home-

Are you currently working? Are you just looking to replace your GC? As other have stated you can go to the local police and see if they can assist you in getting the card back from her. It may be a big deal, it may be a not so big deal. Different police stations handle things differently. They will most likely ask her if she has it and will give it to you. She may or may not comply. If she denies having it- well, youre out of luck. She may just hand it over though. It most likely will not turn into a huge 'federal case' where shes charged with a crime of opening your mail or something like that. Its a rather small domestic matter where you guys separated and you want an item of personal property back and are asking for their assistance. Sometimes they tell you, you have to go to small claims court- but I would try to explain to them its not an item like a TV, its an ID card, it costs a lot to replace- I really think they will help you- or at least ask her to return it you or rather give it them to give to you, because she shouldnt be in possession of it.

Your other choice is to notify USCIS of your new address and pay the card replacement fee and they will mail you a new card. Youll be able to get a job with the card and work as long as the card is valid- but like above- who knows how long your status is going to be valid for. You dont need an interview to get a new card. You just pay the replacement fee, but its only going to be mailed to the address on file- so you need to change your address with them on the proper form.

In that scenario you would work as long as you needed to to get the money you need to obtain your flight back home and then leave. When you get home, you would surrender your GC there so you would have no issues in obtaining future visas to the US as you no longer wish to be a resident.

However if you are annulled during that time and USCIS is notified and they decide to revoke your status- things will change.

-

If youre not leaving or want to stay in the US, you need to ensure you are getting a divorce and not an annulment. You need to replace or obtain your GC back from your spouse (same as above) You need to change your address with USCIS to ensure you get future mail from them. You need to look into removing the conditions on your GC after the divorce is finalized.

[NigeriaorBust 4,087]

Go to the local post office where your wife lives and file a report of theft of mail. File also with the local police. You could ask for a police officer to go with you to the house to attempt to retrieve your mail including the green card. ( I bet with a police officer in tow she will rethink stealing your mail ) If not use the report and they may issue a new one for free. Actually annulment doesn't erase the marriage for immigration purposes. Many try that to "break" the affidavit of support but it doesn't happen.

[who 0]

i received 6 emails from USCIS , this was the last one:

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Card/ Document Production

The USPS reported that your new card was delivered on April 05, 2013, directly to the address we had on file. If you did not receive your card, or have any questions, please call our customer service at 1-800-375-5283.

This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

i called the police station and spoke to a police officer to see what my options are, he said if she is still your wife and she opened your mail then it's not a big deal.

i know i'm legal but i'm stuck, i cannot even visit my family, not even work because i don't have my EAD or GC, and i'm broke and staying with my friend for now.

[who 0]

i forgot to mention, that she kept most of our evidence after she kicked me out, marriage pictures we took at court house, other evidence of us living together, i sent a copy of everything to the USCIS though, but there is no chance i can lift conditions without the evidence that she kept. that's why i assumed it's going to be my last 2 years in this country, so i better make some money because i'm literally broke. if i ask for a card replacement do you guys think they might ask for any evidence or is there any chance they might become doubtful and ask for an interview this time? is it guaranteed that i will get a new card without any problems? and should i tell them that i have been kicked out for a while and that we don't live together anymore and that our marriage is almost over?

[who 0]

i didn't sign any papers for annulment that's why she is so mad and she doesn't want to give me my belongings, but i couldn't and still can't afford a lawyer that is why i didn't agree to sign any papers

[who 0]

Go to the local post office where your wife lives and file a report of theft of mail. File also with the local police. You could ask for a police officer to go with you to the house to attempt to retrieve your mail including the green card. ( I bet with a police officer in tow she will rethink stealing your mail ) If not use the report and they may issue a new one for free. Actually annulment doesn't erase the marriage for immigration purposes. Many try that to "break" the affidavit of support but it doesn't happen.

do you think a police officer can go by himself and get my stuff, i really don't want to see her, that will make me weak, besides she lives with her family and it will be awkward...

[Dave&Roza 748]

i forgot to mention, that she kept most of our evidence after she kicked me out, marriage pictures we took at court house, other evidence of us living together, i sent a copy of everything to the USCIS though, but there is no chance i can lift conditions without the evidence that she kept. that's why i assumed it's going to be my last 2 years in this country, so i better make some money because i'm literally broke. if i ask for a card replacement do you guys think they might ask for any evidence or is there any chance they might become doubtful and ask for an interview this time? is it guaranteed that i will get a new card without any problems? and should i tell them that i have been kicked out for a while and that we don't live together anymore and that our marriage is almost over?

First, call the USCIS and tell them that you did not receive your GC bcause your spouse is holding it and wil not give it to you. If they do not send you a new card, then file a police report and see if you can get a police officer to go with you to her place and get the GC back. There is a process for this and it will take some time. Once you get your GC, file for divorce. Once the divorce is finallized, file for ROC (I-751) with the evidence you have. I would still file a police report about the stolen GC just so you have that to include in your ROC application. I think you will be fine and receive the 10 year GC as it was her that kicked you out. If you were a woman you could file a VAWA claim as she is at the least using the GC as a threat and abusing you mentally, but since we live with a double standard you cannot and must prove the marriage was entered into in good faith.

I wish you well,

Dave

[Dave&Roza 748]

i didn't sign any papers for annulment that's why she is so mad and she doesn't want to give me my belongings, but i couldn't and still can't afford a lawyer that is why i didn't agree to sign any papers

Depending on the state, as a married couple she cannot throw you out and keep you from your residence. I would suggest that you contact the local police and have an officer go with you to retrieve your belongings and get your GC from your residence. IMHO, not going with the police office would make you look weaker. Most people do not realize that with marriage comes certain rights and responsibilities and the main one is that both parties have rights to the martial assets and one partner cannot just decide that the other cannot live at their residence and change the locks. I know this is very true in Kansas and other common law states. Check into it and get the proper authorities on your side as this documentation will help with your ROC as it shows she is the one who ended the marriage.

Good luck,

Dave