Possibilities of getting permanent GC

[preet2016 0]

Hello all!!!! What are the possibilities/chances of someone to get permanent GC if after coming to the US the couple only stayed together for 9 months? In short-I'm a US citizen and married in 2013 and my husband came to US along with his daughter in April 2015. Due to severe domestic violence, abuse, threats etc I was able to obtain protective order against him and he left the house in February 2016. He did violate the protective order. Now since his GC will expire in April 2017, he would file for ROC (not sure if he already did). We are still married but living separately since Feb 2016. What are his possibilities of getting permanent GC without any evidence of entered marriage in "good faith"?

[Ontarkie 14,237]

~~Moved to Effects of Major FAmily Changes, from IR1/CR1 - As similar topics are discussed here.~~

[Boiler 45,584]

He must have something, probably reasonable, just going by the cases I see on here.

[geowrian 22,337]

It's possible, but without much evidence and abuse allegations (a protective order does not require even an arrest) it will be difficult. That said, my advise is to just move on - what he does immigration-wise is not really your concern anymore (except for the affidavit of support still likely being enforceable if those circumstances ever came up).

Edited February 12, 2017 by geowrian

[Ash.1101 1,756]

Is there any reason you haven't started the divorce papers? Living separately for a year doesn't change that you're married, divorce holds a lot more weight than staying married does.

Edited February 13, 2017 by Ash.1101

[KierenHby 899]

On 2/11/2017 at 10:58 PM, preet2016 said:

Hello all!!!! What are the possibilities/chances of someone to get permanent GC if after coming to the US the couple only stayed together for 9 months? In short-I'm a US citizen and married in 2013 and my husband came to US along with his daughter in April 2015. Due to severe domestic violence, abuse, threats etc I was able to obtain protective order against him and he left the house in February 2016. He did violate the protective order. Now since his GC will expire in April 2017, he would file for ROC (not sure if he already did). We are still married but living separately since Feb 2016. What are his possibilities of getting permanent GC without any evidence of entered marriage in "good faith"?

Why not begin divorce proceedings?  Any updates from the HSI guy you handed evidence of hubby's fraud to? 

[preet2016 0]

On ‎2‎/‎12‎/‎2017 at 9:25 PM, Ash.1101 said:

Is there any reason you haven't started the divorce papers? Living separately for a year doesn't change that you're married, divorce holds a lot more weight than staying married does.

One year separation time has already passed and I did file for divorce.

[preet2016 0]

On ‎2‎/‎13‎/‎2017 at 3:34 PM, KierenHby said:

Why not begin divorce proceedings?  Any updates from the HSI guy you handed evidence of hubby's fraud to? 

I did start the divorce proceedings.There are no updates from the HSI guy that I'd handed over evidence in August 2016. I don't know what to do? Should I call them for an update? not even sure if they will provide any info.

[Boiler 45,584]

I would not expect an update.

[KierenHby 899]

47 minutes ago, preet2016 said:

I did start the divorce proceedings.There are no updates from the HSI guy that I'd handed over evidence in August 2016. I don't know what to do? Should I call them for an update? not even sure if they will provide any info.

Did you have proof of him buying properties with his ex-wife, or once declaring himself 'dead'? An odd soap opera if true. 

 

Some things are beyond your control at this point. The time to check his past was before tying the knot. Some Indian men (he punjabi?) marry USCs simply to get a green card, and later divorcing USC spouses to marry someone back in India. The abuse might just be a bait. 

[tuckin14 58]

There is almost nothing you can do, and it's not really you're issue.

 

Even if divorce papers have been filed, you can choose to file for ROC with him.  If you choose not to, he will file with a divorce waiver.

 

You said he has "no evidence of entering the marriage in good faith."  Why do you say that?  Did you live together?  Did you co-mingle finances?  Do things together and hold yourself out as a married couple?

 

If you choose to, you can write to USCIS and tell them your side of the story.  They may or may not listen; if he's filing with a waiver you surely won't hear back from them.  For example, my ex-wife (who had scant evidence of her own) tried to use an envelope addressed to us both containing an invitation to my brother's wedding.  I told USCIS that she had this and suggested that, if she presented it, they ask her if she actually WENT to the wedding.

 

But if he files with a waiver, you don't control his application, he does.

[preet2016 0]

1 hour ago, tuckin14 said:

There is almost nothing you can do, and it's not really you're issue.

 

Even if divorce papers have been filed, you can choose to file for ROC with him.  If you choose not to, he will file with a divorce waiver.

 

You said he has "no evidence of entering the marriage in good faith."  Why do you say that?  Did you live together?  Did you co-mingle finances?  Do things together and hold yourself out as a married couple?

 

If you choose to, you can write to USCIS and tell them your side of the story.  They may or may not listen; if he's filing with a waiver you surely won't hear back from them.  For example, my ex-wife (who had scant evidence of her own) tried to use an envelope addressed to us both containing an invitation to my brother's wedding.  I told USCIS that she had this and suggested that, if she presented it, they ask her if she actually WENT to the wedding.

 

But if he files with a waiver, you don't control his application, he does.

Hi tuckin14- when he came to US in April 2015, he never worked but only tortured me for about 8 months. We just stayed together for about 9 months after he came here. Then I'd to obtain protective order after I was done with this threats and abuses and tortures. I'd paid for all his expenses while we were together but when he was served with PO, I've no contact with him at all. He doesn't have any joint account with me, no credit card, no property, no utility bills, etc. The house we lived in was prior to our marriage under my name. I did file for taxes for 2015 in 2016 as married filing separately. That's what I meant that he doesn't have any legal proof that he can prove that marriage was entered in good faith. In fact after we were separated in Feb 2016, my sister supported him with all means. Now since November 2016 he is living with my sister - have joint bank accounts, own a house together and now working also and they are in relationship (I've proofs). I'd filed for divorce based on cruelty and adultery. He doesn't even have a letter or anything that came to us with both our names. Thank you.

[Sandra G. 5,049]

I believe you were scammed big time! divorce this scammer asap.