Husband married me for GC, still on conditional, how to withdraw affidavit of support

[NikLR 13,232]

Are you serious? Do you think CIS would approve a marriage if they knew that it was arranged by the family?

Happens all the time. They're still spouses. They're still a family even if all they aren't head over heels in love.

[Harpa Timsah 13,258]

Are you serious? Do you think CIS would approve a marriage if they knew that it was arranged by the family?

A traditional arranged marriage is certainly approvable. The couple needs to show it was not arranged for fraud, but arranged for traditional reasons. It is very common in parts of the world.

OP: If you have proof of fraud, please gather all your proof and give it to USCIS. There is a thread in this forum called "Reporting Fraud to USCIS" which will help you with the details on how to do it. Then USCIS will look at the evidence when he tries to Remove Conditions and do an investigation (or earlier). You won't get to know the details of the investigation, and it will be slower than you like, but that is the only thing you can do. Please report him, and then know you did what you could and move on. Best of luck.

[NikLR 13,232]

Wait a minute, I thought removal of conditions was based on the premise of a continued, bona fide marital relationship. If it's not based on that then what is it based on? How can an immigrant spouse remove their own conditions? I thought you had to send in more bona fide marriage evidence. Am I wrong? Maybe someone can explain this to me because I'm extremely confused...

No removal of conditions is based on proof of bona fide marriage. Continuing has nothing to do with it but most who are still married will prove they are still thusly so. A person can still prove they entered the marriage in good faith and that it was a bona fide marriage while they were in it after they're divorced.

Edited May 11, 2014 by NLR

[Super King 26]

Are you serious? Do you think CIS would approve a marriage if they knew that it was arranged by the family?

Yes, they do approve if they know marriage is arranged.

[r060106 109]

No removal of conditions is based on proof of bona fide marriage. Continuing has nothing to do with it but most who are still married will prove they are still thusly so. A person can still prove they entered the marriage in good faith and that it was a bona fide marriage while they were in it after they're divorced.

I guess I'm a still little confused. lol So to successfully remove conditions, you have to prove that you entered the marriage in good faith? That's it.

[Harpa Timsah 13,258]

I guess I'm a still little confused. lol So to successfully remove conditions, you have to prove that you entered the marriage in good faith? That's it.

Look over the ROC instructions on form I-751 and the choices will become clear. There is a box to check for filing based on divorce but having entered the marriage in good faith. And some other choices.

Edited May 12, 2014 by Harpa Timsah

[Teddy B 17,252]

If he abuses you physically, you could call the police and then if he tries to bring his GF to the states it'll be on his record?

I know this could be controversial thing to say, but if you're really feeling like you'd like to 'do something' considering how he's betrayed you, I would think that if his name came up with a domestic incident it may make immigration look into what the story is, and may make it harder for him to see out his plan of using you to bring over his girlfriend.

Good luck.

Because her husband might be a jerk, that does not make him an abuser. There are plenty of other things that she can do which won't involve filing false domestic violence charges against her husband simply in an effort to "do something" because she feels betrayed. No wonder so many real cases of domestic violence and abuse are not taken seriously.

[him4life 13]

So if you are divorced and the marriage has not continued therefore you have no evidence to submit to Uscis, what are the proofs you can submit to show that the marriage was entered in good faith? Do you just submit the same evidence you submitted at first when you first adjust status? Does not make any sense to me

[NikLR 13,232]

So if you are divorced and the marriage has not continued therefore you have no evidence to submit to Uscis, what are the proofs you can submit to show that the marriage was entered in good faith? Do you just submit the same evidence you submitted at first when you first adjust status? Does not make any sense to me

Joint bank accounts, joint credit cards, both names on leases or rental or insurance, names on wills, cards or other mail jointly addressed to to same address... anything you would normally use. Pictures together etc...

Read the ROC forum and forms for more info.

Edited May 12, 2014 by NLR

[tuckin14 58]

You cannot remove the affadavit of support. Period. You are obligated to support him as long as he is in the USA. Keeping in mind that generally this only means that if he is poor enough to receive public assistance, you will have to repay the government.

However, to receive his permanent green card he will have to show that he entered into the marriage in good faith, intending to establish a bona fide marital relationship.

There was no real indication in your post as to when he got his CPR, ergo when he will be up for ROC. If you are divorced when he does, he can file without you. If the divorce is pending he will likely get a continuance until the divorce is final.

However, the fact that you divorce neither disqualifies him from a LPR nor absolves him of the obligation to prove he entered in good faith. Did you live together Have joint finances? Represent yourself as husband and wife? Go to family and social events together, send Christmas cards signed "Joe and Mary" and get Christmas cards addressed to "Joe and Mary Smith?"

If yes, and he can prove it, USCIS will grant his LPR, divorced or not. if no, he will not receive ROC and you will be off the hook.

They will not really be that interested in whether he was abusive or a jerk or whatever. They may be extremely interested in whether he had a girlfriend in India at the time of marriage.

You can go to an Infopass appointment and provide USCIS with the relevant information. If you are divorced, they may or may not interview you, but remember they are not there either to savage nor to salvage your broken heart. They are there to decide if he married to gain immigration benefits or if he married to be married.

The fact of an arranged marriage will have zero effect. What they will want to know is whether the marriage was, within the norms of your culture and of USCIS's standards, a bona fide marriage.

[NikLR 13,232]

When you divorce the beneficiary must immediately file for ROC, they no longer have the option of waiting for the 2 years minus 90 days. So in this case divorcing sooner is better than later.

Edited May 13, 2014 by NLR

[Brian1967## 119]

Read my post on how to report fraud and try to move on, easier said than done, but try anyway.

[r060106 109]

Look over the ROC instructions on form I-751 and the choices will become clear. There is a box to check for filing based on divorce but having entered the marriage in good faith. And some other choices.

Oh ok. Thanks.

Joint bank accounts, joint credit cards, both names on leases or rental or insurance, names on wills, cards or other mail jointly addressed to to same address... anything you would normally use. Pictures together etc...

Read the ROC forum and forms for more info.

I guess it just seems really dumb to me if it's not based on the current relationship, rather than the one at the beginning. Because if they gave the spouse the green card in the first place, they obviously believed the marriage was in good faith. So why check it again? It doesn't make any sense to me. If it was in good faith to obtain the first green card, why prove something the government already knows and show that it was good faith again? I don't see any logic in it at all.

[NikLR 13,232]

Oh ok. Thanks.

I guess it just seems really dumb to me if it's not based on the current relationship, rather than the one at the beginning. Because if they gave the spouse the green card in the first place, they obviously believed the marriage was in good faith. So why check it again? It doesn't make any sense to me. If it was in good faith to obtain the first green card, why prove something the government already knows and show that it was good faith again? I don't see any logic in it at all.

Well it happens. Obviously they know they dont catch all the fraud.

[NikLR 13,232]

So while they don't base it on current, you had to prove you had a genuine relationship during. If the immigrant comes over and one month later gets divorced, roc isn't likely to be approved without great evidence. Just because you file roc doesn't mean you get it.