re: CR1-visa entered the country without my knowledge

[Hypnos 6,578]

You should have taken action earlier if you wished to try to get her visa invalidated.

[EM_Vandaveer 2,417]

I think she'll have problems come time to do her ROC, but that does not mean it will be denied necessarily.

OP, if your marriage is over, divorce & move on. Her immigration status is not your concern anymore.

[N and J 88]

yes good faith means that she is entering the country to be with her husband. saying that she wants to stay away from me doesn't make any sense. i don't get her mentality one bit. actually i recently told her that i have a job lined up for us but we will have to move to another country and now she saying she doesn't want to go. so i don't know how any authority can say this is a marriage in good faith???

no good faith would mean she loved you and truly planned on being with you. Proving that would be hard considering she came here without you knowing and is living with her ex. It is not as if she was with you and really tried to make it work....divorce and move on. Let her do whatever she has to do.

[N and J 88]

Divorce happens, she can file to remove conditions earlier when it does.

ICE? Do not understand what she has done to interest them.

Supposedly when you call ICE now...they take marriage fraud very seriously and will go talk to the person and deport them if they find it is fraud. I would know I have been calling for 3 years. However you have to have a lot of proof and information to give them or they can't do anything. Even then it is probably not a priority. They probably just tell me that to shut me up. lol

[N and J 88]

the fraud is that my wife is in the country and not with me...so i guess a visa that is for marriage isn't considered a marriage visa at all..its just a visa to the authorities. i would think that the authorities would back the sponsor or petitioner in the case of a situation where the couple isn't living together and is having problems with the fact that marriage is not bonafide to the sponsor.

This is not fraud. Fraud would be if she out and out said to you I only married you for a green card. That is fraud. Feelings change and people change...they get divorced it doesn't mean she never loved you in their eyes. It just means she doesn't anymore. Just because you are the sponsor does not mean what you say goes. I can tell you from personal experience....Just divorce her and move on. It is not worth letting her immigration status consume you. There is nothing you can do. Good luck.

[Jawaree 718]

She prob divorce the ex to get a GC. You are on

the hook with affidavit of support...he woman is

not trust-worthy, divorce & move on

[dmck 80]

Focus your energy on moving on. Karma will find her.

[mhammad 0]

Sir, I understand how hurtful that must have felt.

If I've been in your shoes, I'd just submit whatever I have of proof to the ICE and then just let it go and they will handle it.

Cut ALL contact with her. No calls, No What's app, no any form of contact. Only let the lawyers do the communications from now.

I'm truly sorry for what you are feeling right now, the only thing I can say is that you try taking it as a learning experience. That the decision to get married is not a decision to take lightly and that you've to know that person through and through.

I know what I'm saying is hard, but you really have to let go of her. I know. I would be pissed too, but the truth of the fact, you don't have much to do other than submitting any evidence you might have and I'm sure she will have a hard time doing the ROC and it might be a bless in a disguise that she never stayed with you as now she can't probably file for domestic abuse (Assuming you didn't say something stupid on what's app) as nearly ALL women who fraud a USC for a GC always file (Which is really sad and low thing to do considering how horrible it actually is being in a domestic abuse relationship whether you are a man or a woman)

Make sure in your evidence sent to them that she has NEVER been to your house and NEVER met you physically after she got the GC. Also piece of advice, NEVER allow her back.

Even if she said sorry millions of times, there is no way of trusting her and she will probably be using you to establish that she lived with you at least for a while or who knows she might accuse you of domestic abuse.

That's my 2 cents.

I hope that never happens to you again.

[ryna 132]

If you divorce, she can roc with a waiver as long as she entered the marriage with good intentions.

In my opinion, that may be tough to prove given that she "took the visa and run".

Good luck to the OP. He immigration is between her and USCIS. You need to watch out for yourself.

Edited April 21, 2016 by ryna

[Ortolan 381]

She proved that her marriage was in good faith at the time of her entry into the U.S., hence the granting of the CR-1 visa.

However, she will likely be denied for her Removal of Conditions, because there's no evidence (right?) of financial co-mingling, cohabitation, nothing. That's going to be extremely difficult for her. Don't contact her. Don't meet up with her, or she might provoke an argument and attempt to file for ROC using VAWA.

Obviously, your marriage is broken. File for divorce. Move on with the rest of your life.

[Transborderwife 4,666]

OP do you two have anything together? Accounts? Insurance with her name on it? Property? Wills? Anything? If so and she knows it, change it immediately

She proved that her marriage was in good faith at the time of her entry into the U.S., hence the granting of the CR-1 visa.

However, she will likely be denied for her Removal of Conditions, because there's no evidence (right?) of financial co-mingling, cohabitation, nothing. That's going to be extremely difficult for her. Don't contact her. Don't meet up with her, or she might provoke an argument and attempt to file for ROC using VAWA.

Obviously, your marriage is broken. File for divorce. Move on with the rest of your life.

I've seen stranger cases approved on VJ before. You never know.

[Caryh 5,206]

I see her as having a difficult ROC. OP, document the history as you know it. Put any evidence you have together with this history. Entering the country on a CR-1 and not even contacting the spouse, let alone moving in with the spouse, is a big indication of using the marriage and CR-1 visa to circumvent the immigration process, but its not absolute proof. Make an infopass appointment asking for the fraud officer. Then give him/her what you have and wash you hands of the situation. It may prevent her getting her ROC approved, it may not. But you will have done what you can. Get your divorce and move on with your life. If you make this your focus in life, its only going to hurt you more.

[D N Medellin COL 75]

To the OP, just wait, with her kind of character she just may claim that you were abusing her so she was forced to leave to be safe.

Live and learn, pick better next time, divorce and move on.

[ParisHeart 19]

how is it not fraud? she is not with me. so when you enter a country on a marriage visa it is assumed you are going to be with your husband as you do put down an address correct? i have submitted to ICE and they have to of course feel that it is fraud...

ICE don't care, she entered the US legally. And they would not go looking for her if she was accused of immigration fraud.

[WandY 430]

You can search public utility databases in the Boston area, as well as criminal/civil law databases - all public. Easy to find someone if you really want to.