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clayr

how can I have wife removed for marriage fraud?

By clayr in Effects of Major Family Changes on Immigration Benefits

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clayr Contributor

clayr   35

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Filed: K-1 Visa Country: Vietnam
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my wife came here on a K-1 visa, and we married within the 90 days. Here's the problem when she went to her interview she was pregnant and told me it was mine since I had been there. After the baby was born she was required to do a 3 way DNA test prior to visa issuance. On her own accord she told me the child died and I believed it and she told the consulate in Vietnam the same thing. The consulate interviewed us and gave her a visa. Since then she has told me the truth that the child was not mine and did not die. I want a divorce and send her back home. She has no green card and we've been married over 2 years. She will not go back home willingly so what can I do?

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Avery Cates
Avery Cates

Tell her you're going to travel with her back to Vietnam so that the two of you can retrieve the child and bring it back to the US. Once in Vietnam, give her a bit of the ol' razzle dazzle at the air

*Snowdrop*
*Snowdrop*

She's done something horrible to you. And if you don't apply for her green card then she will be here illegally and may be deported. She's not shown the best judgement so far but apart from that has

christeen
christeen

Well, you can't send her home... But you can report the fraud... Since she has not yet adjusted status or been issued a green card... You need to IMMEDIATLY pull the 864 affidavit of support...

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christeen Experienced

christeen   966

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Filed: Citizen (apr) Country: Italy
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Well, you can't send her home... But you can report the fraud... Since she has not yet adjusted status or been issued a green card... You need to IMMEDIATLY pull the 864 affidavit of support...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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Boiler Grand Master

Boiler   45,466

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Filed: K-1 Visa Country: Wales
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So you never filed to adjust her status?

When did you find out about the child?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Dave&Roza Experienced

Dave&Roza   748

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Filed: Lift. Cond. (apr) Country: Kazakhstan
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my wife came here on a K-1 visa, and we married within the 90 days. Here's the problem when she went to her interview she was pregnant and told me it was mine since I had been there. After the baby was born she was required to do a 3 way DNA test prior to visa issuance. On her own accord she told me the child died and I believed it and she told the consulate in Vietnam the same thing. The consulate interviewed us and gave her a visa. Since then she has told me the truth that the child was not mine and did not die. I want a divorce and send her back home. She has no green card and we've been married over 2 years. She will not go back home willingly so what can I do?

Call the USCIS and report the fraud--you might want to make an INFOpass appointment to give them documentation you might have to strengthen your claim. Get a divorce and whatever you do, do not be alone with her. Move out and file for divorce. Always have someone with you when meeting with her or she might file a VAWA claim and be able to get her GC that way. Once the divorce is final, move on and let her deal with being in the US illegally. This is not your concern or problem. You must live YOUR life and she must live HER life.

Good luck,

Dave

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dwheels76 Grand Master

dwheels76   5,468

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Filed: Citizen (apr) Country: Nigeria
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Well, you can't send her home... But you can report the fraud... Since she has not yet adjusted status or been issued a green card... You need to IMMEDIATLY pull the 864 affidavit of support...

Luckily there's no affidavit of support to pull since they haven't filed for Adjustment of Status. Very wise OP. She is now out of status call immigration report there's an immigrant here illegally out of status she may get picked up. I mean its all true.

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christeen Experienced

christeen   966

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Filed: Citizen (apr) Country: Italy
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I guess read it a bit different,,that she had not received the GC yet.... however, If not filed.. Then OP is G2G...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Get out of the house. You don't want her to falsely claim domeatic abuse. Yes, its sucks to leave your home, but its the smart move.

Get an annulment based on fraud. Do not file for a divorce. The annulment for fraud will be worse for her.

File a report with the fraud unit.

There is nothing you can do to get her deported. ICE will handle that.

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TBoneTX Grand Master

TBoneTX   45,266

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Filed: Citizen (apr) Country: Ecuador
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One derisive post removed. Post constructively or do not post.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Hollyday Rising Star

Hollyday   122

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Filed: Citizen (pnd) Country: Russia
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my wife came here on a K-1 visa, and we married within the 90 days. Here's the problem when she went to her interview she was pregnant and told me it was mine since I had been there. After the baby was born she was required to do a 3 way DNA test prior to visa issuance. On her own accord she told me the child died and I believed it and she told the consulate in Vietnam the same thing. The consulate interviewed us and gave her a visa. Since then she has told me the truth that the child was not mine and did not die. I want a divorce and send her back home. She has no green card and we've been married over 2 years. She will not go back home willingly so what can I do?

I'm confused, how can it work out that she came on K-1, you got married, been married for over 2 years and she has no GC?

I'm the beneficiary.

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Ketsuban Experienced

Ketsuban   1,034

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Filed: Citizen (pnd) Country: United Kingdom
 Timeline
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Do not make any contact with her that isn't through a lawyer now.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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clayr Contributor

clayr   35

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted

we still live together and have a child together in US, but she lied telling me I got her pregnant last time in was in Vietnam to see her, then she told me the child died ( obviously to evade DNA test) she got her visa anyway.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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we still live together and have a child together in US, but she lied telling me I got her pregnant last time in was in Vietnam to see her, then she told me the child died ( obviously to evade DNA test) she got her visa anyway.

Having a child together complicates things. You need to weigh what is best for your child and your desire for revenge.

Move out.

File for annulment.

File for custody.

Report her for immigration fraud.

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Snag Explorer

Snag   57

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Filed: AOS (apr) Country: Australia
 Timeline
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Having a child together complicates things. You need to weigh what is best for your child and your desire for revenge.

Move out.

File for annulment.

File for custody.

Report her for immigration fraud.

The child isn't his, however. Is it still his legal responsibility? (n00b here with all of this).

Some people are absolutely unbelievable. All my sympathy to you, OP, and all the best.

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