In process of divorcing need some question.

[JayDX81 0]

Here is my situation. I got married in Vietnam and brought my spouse to the US and we have live together for 3 years, and she just recently got her adjustment status remove which mean she got her 10 year green card. However thing didn't work out. She start working with some bad group of people they teach her stuff tell her stuff, so she decided to leave me one day. We got in to a fight and my step dad (who is her uncle) yell at her because she wasn't letting me have sex with her any more, and she start to wake up early and doesn't come home from work until 10PM (Her work suppose to be from 9:30AM - 7:30PM and she work 7 days) her uncle and my mom tell her to take a day off but she didn't listen, she just like to go out there and work and never come home until 10pm. It is like this house is just a place for her to sleep that all nothing more. After she work there for a few weeks she start to not care about me any more, she doesn't give a about me, so I wasn't happy living with her any more so I file for a divorce. Now here is the situation I heard people say that you have to stay marry for 5 years before you can file for a divorce if not the USCIS will think of it as a fraud marriage and I will not be able to remarry from oversea again. My marriage was in good faith by the way. My question is this. Do I really have to stay marry for 5 years even though my marriage was in good faith?

[Cheezees 1,514]

"People" told you absolute nonsense. Please feel free to ignore them and their imaginary five year rule.

[JayDX81 0]

"People" told you absolute nonsense. Please feel free to ignore them and their imaginary five year rule.

so there is no such thing as staying for 5 year rule? Hmm well I will have to call the USCIS tomorrow and ask them, but thank

[Anh map 2,098]

No rule like that. Divorce and move on.

No need to call. Use google.

[Boiler 43,996]

News to me.

[tuanphan21290 1]

5-year rule is only applied to sponsored immigrant which means your spouse will not be able to petition for anyone else under marriage until a period of 5-year has elapsed.

In your case, you are welcome to marry a better spouse; however, the USCIS will question and ask you a lot of evidences because my uncle has been in the same situation. FYI, he is also Vietnamese.

5-year rule is only applied to sponsored immigrant which means your spouse will not be able to petition for anyone else under marriage until a period of 5-year has elapsed.

In your case, you are welcome to marry a better spouse; however, the USCIS will question and ask you a lot of evidences because my uncle has been in the same situation. FYI, he is also Vietnamese.

Good luck!

[TBoneTX 43,593]

OP, experienced members here have given you the answer.

[raven52 233]

You are the petitioner, the 5 year rule applies to her, for applying for someone else.

You are safe, move on with your life, she will not change, she has gone too far and is probably corrupted now.,,.,..,.,I would not touch her with a "ten foot pole.".,.,,her life style shows it.

Get a good attorney, and move on with your life.

Good luck.

[JayDX81 0]

well the reason I'm asking is because I'm afraid that if I file for a divorce too soon since we haven't been together for 5 years. The USCIS might think of it as a fake marriage one of those marriage that your spouse pay you to marry their daughter. I'm just afraid that they thought this would be on of those type and won't let me remarry and put in for a petition again.

[kkk1 42]

well the reason I'm asking is because I'm afraid that if I file for a divorce too soon since we haven't been together for 5 years. The USCIS might think of it as a fake marriage one of those marriage that your spouse pay you to marry their daughter. I'm just afraid that they thought this would be on of those type and won't let me remarry and put in for a petition again.

There are multiple reason when marriage breaks. The questions which comes to your mind might be asked at the time of immigration when you apply for someone else, but you need to gather some sort of proofs to prove immigration that your previous marriage was not based on bad faith and you tried hard to save it. Immigration is funny, even though the relationship is clear between sponsor and benifictiary still they will take time or reject visa application. Do what is necessary with your marriage, immigration doesn't force anyone to stay in abusive marriage. Other vj have already provided the answer. There is no such 5 year rule. It is for her to stay with yiu minimum 3 years to get her citizenship. You are not in loss. Best wishes.

Edited September 14, 2015 by kkk1

[Boiler 43,996]

well the reason I'm asking is because I'm afraid that if I file for a divorce too soon since we haven't been together for 5 years. The USCIS might think of it as a fake marriage one of those marriage that your spouse pay you to marry their daughter. I'm just afraid that they thought this would be on of those type and won't let me remarry and put in for a petition again.

Always a good idea to be prepared, after all you never no.

[JayDX81 0]

should I report her to the USCIS as a fraud and send her back to Vietnam? To me I think she just using me to get here, but if I do report her I don't know how long the investigation will take and I don't know if it going to affect me from remarry and repetion again.

[nane1104 146]

With all due respect for your disappointment in this failed marriage, but you sound like you are trying to make an exchange of a damaged good. Return the old, get a new.

Sure, you can report her for fraud but do you actually have any evidence of fraudulent activity on her part or do you just feel like you got used?

After three years of marriage, this doesn't sound like your typical spam artist but much more like a marriage that didn't work out.

[JayDX81 0]

With all due respect for your disappointment in this failed marriage, but you sound like you are trying to make an exchange of a damaged good. Return the old, get a new.

Sure, you can report her for fraud but do you actually have any evidence of fraudulent activity on her part or do you just feel like you got used?

After three years of marriage, this doesn't sound like your typical spam artist but much more like a marriage that didn't work out.

I understand your statement, but what kind of evidence would you consider? I'm not trying to return the old and get a new no that is not it. I just feel like she just using me and never love me. She all way speak scornfully of me in front other people. She would say thing such as how my appearance is, how rude I'm, how pathetic I'm, how useless I'm, how stupid I'm. She show no respect to me even though respect has to be earn, but I have sacrifice my job, my money just to make her happy because I don't want my mother to keep yelling at her, but that isn't even enough. When we leave and move to where my sister live she would horse around with my cousin physically like touching his nipples, provoke him to come and wrestle her. She even ask him to take her to place instead of asking me, when I see that every husband would be mad. She does let me have sex but recently she doesn't because she work a lot which I understand, and I don't mind that. However she all way say I can't protect her because she would wake up at 7:00 AM and go work and never come home untill 10:00 PM (Her work place doesn't open until 9:30 AM - 7:30PM) She told me she like to hang out in a crowd more then hanging out with just a couple (Me & Her) she say it more fun that way. Sometime she ask me to do thing for her like go get her food and drink when she hungry, and I would run and get it for her of course with her money at that time I was unemployed but I still run to the store and get food & drink for her, and not just for her but for the whole group of employee where she work. Some time she ask me to hang out with her go shopping which I go, and go eat out which I do as well, but she would all way complain that I all way let her pay. OMG! I'm UNEMPLOYED at the moment too. When I finally got a job she would say she make more money then me so I just remember that. She never cook, never clean when she leave together with my parents. Let just put it in a simple way all the action she do and how she treated me is evidence that she don't ever love me in the first place. Let me ask you this then what evidence would consider her using me? Like cheating on me, having an affair or gambling or what kind of evidence? Does it need to be a statement that she would wrote down on a piece of paper saying she just used me to get here? I don't think so this one is too smart to do that. Now that she got her Adjustment of Condition status removed from her green card and got her 10 year she suddenly listen to her co-worker and just leave me. Isn't that proof enough?

[Villanelle 4,121]

There is no official checklist for fraud. Meaning no one can post for you a specific list of things she needs to have done to have USCIS say yep this is fraud. Making a fraud case is one of the most difficult things to do. You have to prove their intentions were fraudulent and since no one can read minds basically proving fraud involves a lot of circumstantial evidence to show this is most likely what they were thinking based on actions.

People CAN tell you what is not taken into account when determining fraud. Cheating for example. You can have a bonafide marriage and cheat. You can have a bonafide marriage and involve yourself in bad habits like drugs/gambling/illegal matters. So those dont count either.

From what you described you had a marriage (a real one) that just didnt work out. Maybe you didnt know her well enough before hand and this is who she was, maybe she changed. Neither situation is fraud, just sad that it occurred.

As others have stated there are no barriers for you to remarry another foreigner. You will just be in the same situation as many others- having a previous spouse that was an immigrant. If your next spouse is also an immigrant you can be asked questions about your previous marriage so they can evaluate if you are someone just marrying aliens to get them benefits and divorcing. HOWEVER since your marriage was legit and just didnt work out you have nothing to worry about.

You should hold on to your divorce papers and any other 'sentimental' correspondence including the things you turned in ROC proving it was a legit relationship just in the rare case it becomes an issue. Many people are tempted to toss anything that has to do with their old spouse. In your case its beneficial to hold on to it in case you have to deal with USCIS again and the alien is from a high fraud area and they want to dig into you past. (This is very unlikely though).