Everything is going to hell

[Eric-Pris 1,606]

Just divorce and move on. I can tell you from personal experience immigration does not go after people like this unless they are into some kind of criminal behavior. Yes, I too had proof...Emails, videos, screenshots, texts. It doesn't matter. You can't just have someone deported. Also, cheating does not equal marriage or visa fraud. Cheating is cheating. Some people can't stay faithful. Marriage fraud would be him telling you flat out or you finding some kind of proof that he never loved you and ONLY talked to you to get papers. You can send all the information you want to USCIS. When you tell them he cheated on you and that is how you know he used you for papers they are going to tell you this is not divorce court and they don't deal with relationships gone bad. The only information you could send to immigration that they might bat an eye at is clear cut evidence where he said he used you and it has to be HIS WORDS AND HIS MESSAGES or else it is hearsay.

Did you read the OP's posts? She said that she has text in his own words that say that he used her for GC.

But I would think you need more proof than a text message.

[Ortolan 381]

The best thing you can do is just divorce him and cut off all contact. Secure your papers and your bank account. Get a safe deposit box at a bank, and put all of your papers in it.

Change your beneficiary information as soon as you're single again to "Single" and designate a new beneficiary. Put flags on your credit cards that make your companies aware that you're in the middle of a divorce.

And yes, at least file a report with USCIS. But drop any thoughts of deportation or revenge of any sort...it won't work, and you'll just get yourself in deeper than you already are.

[NikLR 13,227]

Some scammers plan to stick with the spouse till they get the 10 year card, others even stick till they get citizenship. It would be in OP's interest to be diligent till she's far away from the scammer.

Yup scammers are jerks.

[Lililand 5]

So his 2 year greencard expired? You didn't start the process to remove conditions (ROC) on the greencard to turn it into a 10 year greencard?

Does he know the process? Did you ever talk about ROC? If you divorce him, he will be able to ROC on his own (if he has the proof-- do you have a joint bank acct? insurance? other proof of bona fide marriage?)

If you have solid proof, you may be able to apply for annulment due to fraud. if that's approved and sent to USCIS before he tries to ROC, he may get denied for a 10 year GC. That doesn't mean he will be deported but he'll be illegal.

Either way, he's out of your hair, except for the support under I-864, but I wouldn't worry too much about it.

Thanks, no, we don't have anything besides some pictures together. I'm going to apply for annulment.

We were going to start the roc but I found out before we actually mailed the paperwork.

[elmcitymaven 9,712]

Don't bother with an annulment. Assuming you're in California, the hurdle to clear for an annulment on the basis of fraud is quite high. You will need to have substantive proof that he entered solely for the purpose of immigration benefits. A few emails where he claims this and proof of his adultery probably aren't going to cut it. Annulments are not do it yourself endeavors, and you will need competent legal counsel, ideally a family law practitioner who has experience in immigration law as well. This will not be cheap. If you have no combined assets, a divorce can be relatively low-cost and can be done on your own (though a consultation with an attorney is still a good idea). If you can get him to agree to a divorce, and you are actually in California you can file for a summary dissolution. It's cheap ($435), and if you have filled out immigration forms you can do it yourself. The only drawbacks are that your husband must agree to the divorce, and you must wait six months for it to become final.

Whenever I see people say, "get an annulment!" I don't think they really know what they're getting into. It is appropriate in some cases but for most divorce is a better option. Divorce him and move on. Living ludicrously well is the very best revenge on unfaithful spouses (believe me, I know).

[Lililand 5]

I'm in wa state. I think everything seems easier here, paperwork wise.

[Eternal Spring 10]

I'm in wa state. I think everything seems easier here, paperwork wise.

I'm in WA, as well. My sister is still married to a scammer who abandoned her years ago (he since went back to his country and married another lady there). She was told that annulment is difficult to obtain in WA, and that her situation would require a divorce, not an annulment.

Good luck to you, so sorry for what happened.

[TBoneTX 45,299]

An inappropriate post has been removed, and its author banned from further participation in this thread.

A post quoting the removed material has also been removed.

VJ Moderation

[Mollie09 1,543]

Just to clarify, he can still file for ROC with a waiver if there's an annulment instead of a divorce. It's a common misconception that the divorce waiver only applies to marriages that end in divorce, but not ones that end in annulment.

[Eric-Pris 1,606]

Just to clarify, he can still file for ROC with a waiver if there's an annulment instead of a divorce. It's a common misconception that the divorce waiver only applies to marriages that end in divorce, but not ones that end in annulment.

An annulment based on fraud basically invalidates the marriage, so it's as if it never happened. Does it not?

So how can you apply for ROC if you are not married? I would think that your greencard becomes void as well.

[Merrytooth 5,748]

An annulment based on fraud basically invalidates the marriage, so it's as if it never happened. Does it not?

So how can you apply for ROC if you are not married? I would think that your greencard becomes void as well.

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if you:

• Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
• Are a child and, for a valid reason, cannot be included in your parents’ application;
• Are a widow or widower who entered into your marriage in good faith;
• Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
• Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

[Eric-Pris 1,606]

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if you:

• Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
• Are a child and, for a valid reason, cannot be included in your parents’ application;
• Are a widow or widower who entered into your marriage in good faith;
• Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
• Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

I would think it'd be hard to prove that you entered the marriage in good faith when your marriage was annulled due to fraud. :rofl:

(Maybe this holds true for annulment on other basis, but I doubt fraud would be able to ROC)

Edited November 1, 2016 by Eric-Pris

[NikLR 13,227]

Fraud can be many things.