Attempting annulment after receiving permanent residence

[itsforafriend 1]

I'm asking on behalf of a friend. Sorry it's long:

- around 3 years ago, my friend married a man and received her marriage visa

- after about one year of marriage, they decided they weren't great together once they actually lived together for a year (culturally, unmarried people don't live together)

- my friend's husband wrote on the divorce papers that the reason for divorce was that the marriage wasn't consummated and that she didn't live with him, which is a flat out lie. Anyway, elsewhere he wrote that she left the house around one year after marriage (after divorce), which is true

- the case continued despite divorce and she just received her permanent residence green card

- her ex found out and is now threatening to go to his lawyer and tell him that she came on a fraudulent visa, and his evidence will be that she didn't live with him or consummate the marriage, with his sister being a "witness" to this as his neighbor. She has no evidence that the marriage was consummated or that she lived with him, except that all of her mail went to his house, but nothing of importance so she threw most of it away and can't find the rest after 2 years and moving states.

She's terrified that they'll take his word over hers and she'll be deported, even though the marriage was entered with intentions of lasting. We've confronted him about why he's doing this and he just keeps saying because she married him just to get a visa. I know that I'm probably not getting the full picture due to bias, but if the info above is all correct and that's all there is, should she be afraid? She wants to apply for citizenship when she's allowed to.

[Eternal Spring 10]

I think it would be a good idea for your friend to consult an immigration lawyer, just to get some advice. It is possible that her ex's complaint would not even affect her immigration status, but I think the best approach would be just to do a consultation with an attorney (typically around $100 to $200). Best of luck to her.

[Penguin_ie 5,996]

****** Moving from General Immigration to Effects of Major Changes for more answers *****

Can you clarify the timeline? Mainly, did your friend get her visa, then live with the husband for a year in the USA and get her greencard, then leave, and recently got her ten year greencard, OR did they live together abroad, and were already separated when she got the visa, and she didn't tell the embassy she was separated/ divorced? if the first, she will have no trouble and can apply for citizenship once she is a greencard holder for 5 years. If the second, yes, that is a problem.

[KierenHby 899]

I'm asking on behalf of a friend. Sorry it's long:

- around 3 years ago, my friend married a man and received her marriage visa

- after about one year of marriage, they decided they weren't great together once they actually lived together for a year (culturally, unmarried people don't live together)

- my friend's husband wrote on the divorce papers that the reason for divorce was that the marriage wasn't consummated and that she didn't live with him, which is a flat out lie. Anyway, elsewhere he wrote that she left the house around one year after marriage (after divorce), which is true

- the case continued despite divorce and she just received her permanent residence green card

- her ex found out and is now threatening to go to his lawyer and tell him that she came on a fraudulent visa, and his evidence will be that she didn't live with him or consummate the marriage, with his sister being a "witness" to this as his neighbor. She has no evidence that the marriage was consummated or that she lived with him, except that all of her mail went to his house, but nothing of importance so she threw most of it away and can't find the rest after 2 years and moving states.

She's terrified that they'll take his word over hers and she'll be deported, even though the marriage was entered with intentions of lasting. We've confronted him about why he's doing this and he just keeps saying because she married him just to get a visa. I know that I'm probably not getting the full picture due to bias, but if the info above is all correct and that's all there is, should she be afraid? She wants to apply for citizenship when she's allowed to.

You didn't say your friend wants to work on her marriage or be happy; just 'green cards' and 'citizenship.

[Boiler 46,059]

She has her priorities, sounds like family that need sponsoring.

[aaron2020 11,651]

I'm asking on behalf of a friend. Sorry it's long:

- around 3 years ago, my friend married a man and received her marriage visa

- after about one year of marriage, they decided they weren't great together once they actually lived together for a year (culturally, unmarried people don't live together)

- my friend's husband wrote on the divorce papers that the reason for divorce was that the marriage wasn't consummated and that she didn't live with him, which is a flat out lie. Anyway, elsewhere he wrote that she left the house around one year after marriage (after divorce), which is true

- the case continued despite divorce and she just received her permanent residence green card

- her ex found out and is now threatening to go to his lawyer and tell him that she came on a fraudulent visa, and his evidence will be that she didn't live with him or consummate the marriage, with his sister being a "witness" to this as his neighbor. She has no evidence that the marriage was consummated or that she lived with him, except that all of her mail went to his house, but nothing of importance so she threw most of it away and can't find the rest after 2 years and moving states.

She's terrified that they'll take his word over hers and she'll be deported, even though the marriage was entered with intentions of lasting. We've confronted him about why he's doing this and he just keeps saying because she married him just to get a visa. I know that I'm probably not getting the full picture due to bias, but if the info above is all correct and that's all there is, should she be afraid? She wants to apply for citizenship when she's allowed to.

Hi,

Did your friend come to the US on a CR1/IR1 spouse visa or the K-1 fiancee visa?

Is the divorce final? Did she dispute his claim in the divorce proceedings that she did not live with him for a year and the marriage was not consummated?

By the way, it would very strange for the sister to "witness" them consummating their marriage. She may have gotten information from her sister, and that's hearsay. The sister did not witness the act.

Does she have a 2 years green card or a 10 years green card? When does it expire?

[itsforafriend 1]

To answer the questions: she got her K-1 visa and married him in the States and lived with him for about a year and then they divorced. She held her two-year GC and it expired very recently. She continued her case with a lawyer and just got her 10 year GC.

She has been building her life here since day 1, but the divorce affected her plans drastically. She mainly wants citizenship to be able to vote and have a say in the nation's decisions.

Like I said, the marriage was honest. She never thought about the US until her then-fiancé told her she would have to move to the US because of his work.

[Boiler 46,059]

She got her GC with a divorce waiver so what is the problem?

[EM_Vandaveer 2,417]

You didn't say your friend wants to work on her marriage or be happy; just 'green cards' and 'citizenship.

They are divorced.

[aaron2020 11,651]

She has her 10 years green card.

There is nothing he can do.

She has nothing to worry about.

If he wants to allege immigration fraud, he better have proof since no one will believe an angry ex-husband with flapping gums. Without proof, he's just an angry ex.

Edited July 28, 2016 by aaron2020

[itsforafriend 1]

Thanks to the last two answerers. She was just afraid that he would be believed over her because his sister would say she didn't live with him. Like I said, her only evidence is that all her mail went to his house.

[Cheezees 1,514]

I have no idea how one's sister witnesses the non-consummation of one's marriage. Perhaps she was in the bed with them every night making sure no hanky panky took place? This witness is bogus at best.

Wanting immigration benefits (a GC or citizenship) that one is entitled to is never a matter of shame. If she divorced and filed with a divorce waiver and was granted a 10-yr GC and wanted to then try bring her whole family here, so what?

It seems the ex husband thinks that divorce = no GC. Simply not true. I think the ex is suffering from "I thought I gave my spouse a green card and now I can take it back-itis". It is a serious brain infection whereby US citizen spouses believe they have some sort of immigration power.

Treatment options include:

- telling them to go away

- laughing in their face

- ignoring them

- going on with your own life

Apply treatment liberally.

[Ebunoluwa 6,136]

I have no idea how one's sister witnesses the non-consummation of one's marriage. Perhaps she was in the bed with them every night making sure no hanky panky took place? This witness is bogus at best.

Wanting immigration benefits (a GC or citizenship) that one is entitled to is never a matter of shame. If she divorced and filed with a divorce waiver and was granted a 10-yr GC and wanted to then try bring her whole family here, so what?

It seems the ex husband thinks that divorce = no GC. Simply not true. I think the ex is suffering from "I thought I gave my spouse a green card and now I can take it back-itis". It is a serious brain infection whereby US citizen spouses believe they have some sort of immigration power.

Treatment options include:

- telling them to go away

- laughing in their face

- ignoring them

- going on with your own life

Apply treatment liberally.

Exactly.

[Penguin_ie 5,996]

Since your friend already received scrutiny from USCIS when she got her ten year greencard, and they deemed the relationship bonafide to grant her that greencard, she has nothing to worry about.

[Anitafeliz 1,133]

Hahahaha good luck to the ex....

that train has long left station

the chicken flew the coop

the boat has sailed

Everyday we hear a new USC who thinks they bought a human...

Anyway ignore him!!

Edited July 28, 2016 by Anitafeliz