Never lived together.

[phx1 1]

When I met my wife she had a tourist visa. We were married in a border town in the United States and started the process of her getting her permanent residency. I live 900 miles from where we were married. After the marriage she was granted permission to travel to my house. She visited me 2 times for a week each but had to return to mexico because her son was in school. When her tourist visa expired she could no longer cross the border and we had to wait for her new visa. While we waited I did visit her about every other month but could only stay for a day because of work. It took a very long time for everything to go through immigration. After 2 years she was given permission to visit me again. She came to my house for a week but had to return to mexico because her son Is in school. A couple of months later her permanent residency card was mailed to me. She asked me to mail it to her. I mailed it to her and 2 days after she received it she says she wants a divorce. She never moved to my house and is still living in Mexico today. I believe she wants I-864 benefits from me. What can I do?

[TBoneTX 45,469]

The I-864 is a contract between you and the Federal government.

It would be rare indeed for our government to come after you to recover benefits that she claimed.

[Inikamoze 86]

I'm new to VJ too!

Read a bit on these forums and I suspect ur case is like others too! In light of the election this is exactly why some persons will say it was justified to put a man like Trump into the highest position in the land.

I guess you are stuck right now, not sure what benefits your wife can get if she is living in Mexico though (I'm no expert tho!). If she can prove the marriage was all in good faith then there is little to prevent her coming in.

Did you petition her son too? She wouldn't want to leave him if you didn't I bet.

It does look suspect that she requests a divorce 48 hours after receiving GC ! However your divorce date (if it comes to that will be much later) so in effect hiding the suspicious timeline.

Sorry that you have been duped and I hope people go easy on you on here as there are some folks who like to take digs at people in terrible situations.

All walk of life on this site from what I have read in various pages so be prepared for sanctimonious responses as well as those who wish you well and empathise.

Good luck

Edited November 11, 2016 by Inikamoze

[phx1 1]

Thank you both for your replies. Her son was born in El Paso so he is a citizen. Early in the marriage I wanted to put them both on my insurance. My insurance wanted her sons socal security number and she would never give it to me. Always had a reason for not giving it and I finally gave up. I thought of lot of our problems would be resolved when she moved here.

A lot have people have been rough on me for being duped so I can take it.

I do Thank you for the kind words.

[EM_Vandaveer 2,408]

If she is living in MX, she cannot get US means tested benefits.

[maria betances 42]

did you get the 10 green card or the 2yr conditional green card ?

[Inikamoze 86]

I suspect a 10 year card, no? He stated after 2 years she obtained a new tourist visa and they were already married by then. I thought that's how it worked... married 2 years + = 10 year Green Card. I might be wrong though.

[Rc123rc 528]

Sorry to hear about your situation. It certainly is not good. I know there is a lot of residency requirements she has to meet to maintain her LPR status. I suggest you look those up.

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

As far as I-864 is concerned she can claim benefits and you are liable for them but I highly doubt the government will come after you. I would think she would have to come in-country to receive most benefits unless she decides to move into the US with family members or she found someone else.

[maria betances 42]

I suspect a 10 year card, no? He stated after 2 years she obtained a new tourist visa and they were already married by then. I thought that's how it worked... married 2 years + = 10 year Green Card. I might be wrong though.

yes after 2yr she the 10yr greencard.

i was just asking because she receive the conditional green card she wont be able to get her permanent one.

i guess i did't ready the whole story

[phx1 1]

Yes she does have the 10 year green card. I do have an appointment with USCIS to let them know what has happened. I do suspect she has not let them know she does not live in AZ or that she lives in Mexico. I believe when she tries to get benefits she is going to claim she lives with a friend in El Paso. The thing I have is her son is attending school in Mexico.

[maria betances 42]

Yes she does have the 10 year green card. I do have an appointment with USCIS to let them know what has happened. I do suspect she has not let them know she does not live in AZ or that she lives in Mexico. I believe when she tries to get benefits she is going to claim she lives with a friend in El Paso. The thing I have is her son is attending school in Mexico

i don't think uscis can do anything if she have the 10yr green card already. the best thing for you to do is to file for a divorce that way she can't get citizenship thru you.

[belinda63 3,038]

You can report the story as you have given here to the fraud line for USCIS but don't expect anything to happen. If you suspect she will be giving a friends address in El Paso (or elsewhere) for the purpose of obtaining benefits contact the local social services office there and inform them of what you believe. They can ask for proof of her address and visits to determine if she lives there. But again don't expect much to happen.

[Boiler 45,654]

Presumably the reason she wanted the GC first was to enter the US.

[Chardon Ne' 71]

Hello, Sorry to hear that you are going through this. Can he apply for an annulment? If he can prove that she married him under false pretenses to a court of law where the burden may be much less to overcome, an annulment will make it as though the marriage never happened and then her GC will be revoked, correct?

http://www.divorcenet.com/resources/annulment/annulment-basics/kentucky.htm#

[Boiler 45,654]

Annulment is such a regular issue on VJ I think it needs its own forum.