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Posted

It seems very strange to me how people that are happily married seem to have some difficulty proving a bonafide marriage...but in cases like this it is so easy for one party to "prove we had a bonafide marriage"

AMAZING!!!

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted

Actually all they have to prove was the marriage was entered into in good faith, not that the marriage itself was bona-fide.

Change locks, put her stuff outside and make sure you are not alone with her. Then divorce her. Make sure you have no financial or long term benefits jointly.

She can figure out how her boyfriend will keep her here.

Probably illegal to shove her out into the street. I wouldnt follow this part of this advice.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Other Country: Canada
Timeline
Posted

Actually all they have to prove was the marriage was entered into in good faith, not that the marriage itself was bona-fide.

Probably illegal to shove her out into the street. I wouldnt follow this part of this advice.

I agree. Before you toss her out, check your state laws.

Filed: Citizen (apr) Country: Sweden
Timeline
Posted

but she won't be in the street she will be with her H1B lover; l would ask her to leave.

Doesn't matter. I know that at least here in Virginia you can't just kick someone out of your home even if they technically have somewhere they can go.





Posted

Let her know you're filing for divorce. ROC is her problem; if you keep it cordial, maybe she'll move in with her boyfriend.

But try to stay away from her, don't get into arguments with her, just let it go and get on with your life.

"Wherever you go, you take yourself with you." --Neil Gaiman

Filed: Timeline
Posted (edited)

In my current and former state, its also illegal to kick out your spouse and change the locks. That's not how things work.

I hear you're angry, a natural reaction. But you're also married, and you also brought your spouse here and agreed to support her. The law always trumps emotion. Get a family law attorney, follow the law in your state, separate, have her move out, and get divorced. Don't get yourself into trouble just because you're angry.

Edited by Harmonia
Posted

It seems very strange to me how people that are happily married seem to have some difficulty proving a bonafide marriage...but in cases like this it is so easy for one party to "prove we had a bonafide marriage"

The good ones work on their relationships, the bad apples work on their paperwork !!

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Posted

The good ones work on their relationships, the bad apples work on their paperwork !!

Great quote! It should be a tagline somewhere.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted

Great quote! It should be a tagline somewhere.

Got my vote -_-

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Filed: K-1 Visa Country: Wales
Timeline
Posted

Untrue.

“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.”

Filed: Timeline
Posted

You do not have legal "standing" to demand that anything be done.

If you chose to, and she was not astute enough to know what was going on, you could remain married until the Removal of Conditions window, then refuse to sign. The longer you delay the better. Take it right up to the deadline, then tell her you're not signing and she's on her own.

My wife left me literally within weeks of moving to the USA, although I did sign. However, I went to USCIS personally and also submitted a letter detailing the lack of marital bona fides. Some things are going to be largely he-said-she-said. For example, I know she hid the marriage from her family for months and from her co-workers for years, but how does USCIS know that? But when I told them that she failed to make me the beneficiary of her life insurance and retirement accounts, they could ask her for documentation that she did so - which of course doesn't exist. She proudly showed them the invitation to my brother's wedding addressed to us both (about the only piece of mail that existed that had both names); when I told them that she didn't attend perhaps they would think to ask "Ms. Tuck, did you actually go; do you have any photos from the wedding?"

Marriage "fraud" is almost never prosecuted unless money is changing hands.

It will obviously be best for you emotionally to just move on. But I know that's hard. I happened to have an interaction with my ex-wife about a month ago (we had not seen each other in two years except in a courtroom) and she complained about all her legal fees for immigration, so her fight is probably still going on. I should perhaps mention the details. When she was eventually called for an interview, I declined to attend. I had offered to go if she wanted me to, although my own attorney basically said "Why go attend a spitting contest?" Neither she nor her attorney tried to get me to go. Since it was a joint petition and not a waiver, and neither of us had filed for divorce at the time, she was denied based solely on my non-attendance. I believe (I don't know) that she has reapplied. Nothing she can do will create new marital bona fides that never existed. However, it is probably not the highest priority of USCIS to bring her to court and then escort her to the border. I believe her green card was revoked and she is now a "legal temporary resident" of the USA. My guess is that she'll remain in legal limbo for a very long time. She'll never get a green card, but probably won't be deported for a long time.

 
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