Can foreign spouse file divorce on Conditional GC?

[Unlockable 7,315]

2 hours ago, Chemist said:

 

 

How can she prove that she entered the marriage in good faith? It seems like a "he said, she said" type of thing. USCIS won't view the timing of the divorce so soon after receiving the conditional GC to be a little suspicious? It's not like I filed the divorce, she did! 

 

 

2 hours ago, Going through said:

The same question can be flipped to ask "how can you prove she didn't enter the marriage in good faith?"

 

She has copies of the lease as you say, as well as bank statements for the joint accounts, photos together during happier times, and proof of being added to your medical insurance.  Her name is probably on at least some of the utility bills as well, I assume, and you filed jointly during tax season?  USCIS looks at co-mingling of finances as strong evidence of a bonafide marriage.

 

 

Well said, @Going through!

 

56 minutes ago, N-o-l-a said:

Here is kind of the problem: you've just submitted for a K1 visa and AOS with tons of evidence and swearing this relationship is bonafide, right?  Then you turn around when it isn't going well and want USCIS to just believe you that it isn't.  So either your initial evidence was wrong and your statements, or you are wrong now.  Easier for them to just assume you are wrong about fraud now rather than go back on their adjudicated cases without some substantial proof.

 

 

Exactly!

 

34 minutes ago, Chemist said:

 

I understand she has a "right to divorce" and that I submitted evidence for the K1 visa and AOS previously

 

And it seems that USCIS would rather err on the side of a good faith marriage and allowing her to stay in the country.

 

I'm surprised that USCIS wouldn't consider that she was just going through the motions to get to the green card.  If not, then what's the purpose have having a conditional status for  green cards at all?

 

Initially, it seemed to me that she had weak evidence, just a few documents, but it seems like that isn't the case.  

@Chemist,

 

I hope you see the points @Going through and @N-o-l-a made. You are blaming the US government for not having more preventative measures from fraud when it was you who submitted plenty of evidence to prove otherwise. The government wasn't with you during your relationship. So the question could be asked as someone who is with this person constantly, how come YOU didn't realize she was just going through the motions to just get the green card.

 

 

2 hours ago, Chemist said:

So it seems there's no way I can withdraw the affidavit of support? 

We have seen it here before. A US citizen is willing to cut off their pinkie finger and sign the affidavit of support in their own blood to get the love of their life here with them, but once they are left behind they scream unfairness that they still have to abide by that affidavit.

 

 

Listen, we know you are probably posting with pain in your heart right now, but in time you will come to realize it is probably for the best to let it go and move on. Your anger and frustration is misdirected.

Edited November 2, 2017 by NuestraUnion

[WeGuyGal 1,052]

There are a ton of VJ threads (and I'm sure online blogs) of aspirants from certain countries (Ukraine being one) seducing/scamming American men for a visa. There is a year-old thread somewhere that discusses a network of Ukrainian women who assist each other once in the US.

 

OP.. is there an age gap between the two of you? 

[Chemist 2]

9 minutes ago, WeGuyGal said:

There are a ton of VJ threads (and I'm sure online blogs) of aspirants from certain countries (Ukraine being one) seducing/scamming American men for a visa. There is a year-old thread somewhere that discusses a network of Ukrainian women who assist each other once in the US.

 

OP.. is there an age gap between the two of you? 

This seems to be exactly what happened.  She made contact with other Russian/Ukrainian immigrants in Southern Florida.  I have little doubt in my mind that she is being coached through this by them.  Her moods seemed to have suddenly changed at a certain point in our marriage. She opened a checking account without my knowledge around this time and started hiding money.  She rarely deposited money she made into our joint checking account.    I originally thought that some language and cultural differences were responsible for some of the marital strain so I sought a licensed family therapist who's Ukrainian that I thought could help us bridge these misunderstandings but my wife rejected this idea.

 

There is a 10 year age gap between us.  I am 43 and she is 33.

 

[Illiria 980]

Dude if my husband had upped and left me, even if it was for a job, in a different state just before or just after I got my green card I would have divorced him too and we have been together 15 years. Why didn’t you take her with you then and there or waited for her green card and then moved? This isn’t my first trans continental move, I speak English as a first language, and I still got homesick when I moved so I can’t imagine how isolating it would feel for someone who isn’t speaking English as their first language and hasn’t moved continent before let alone then not having the one person that they thought they could rely on around. 

 

She could have turned to her compatriots after you left and rightly they said ‘what he left you there with no friends and no one to talk to, yeah you need to make sure you have a back up plan in case he stops paying the rent.’

 

I have my own bank account and my own money and I talk to people from my own country but my husband doesn’t see this as nefarious. We don’t share our money in the same way you seem to think is essential, it doesn’t mean that our relationship isn’t real. I still pay my portion of bills but I have control over what is left that is mine. Maybe she found out that she doesn’t have to put all of her pay into a joint account if she doesn’t want to. 

Edited November 2, 2017 by Illiria

[Chemist 2]

6 minutes ago, Illiria said:

Dude if my husband had upped and left me, even if it was for a job, in a different state just before or just after I got my green card I would have divorced him too and we have been together 15 years. Why didn’t you take her with you then and there or waited for her green card and then moved? This isn’t my first trans continental move, I speak English as a first language, and I still got homesick when I moved so I can’t imagine how isolating it would feel for someone who isn’t speaking English as their first language and hasn’t moved continent before let alone then not having the one person that they thought they could rely on around. 

 

She could have turned to her compatriots after you left and rightly they said ‘what he left you there with no friends and no one to talk to, yeah you need to make sure you have a back up plan in case he stops paying the rent.’

 

I have my own bank account and my own money and I talk to people from my own country but my husband doesn’t see this as nefarious. We don’t share our money in the same way you seem to think is essential, it doesn’t mean that our relationship isn’t real. I still pay my portion of bills but I have control over what is left that is mine. Maybe she found out that she doesn’t have to put all of her pay into a joint account if she doesn’t want to. 

I'll clarify:

 

We were struggling financially after I lost my job (not my fault).  Couldn't make the bills.  Car was about to be repossessed. Jeweler was about to take our wedding rings. I was considering filing bankruptcy.  

 

There aren't many research chemistry jobs in Florida.  It was either take the well paying job that I was offered or we lose everything.  Plus we'll have benefits.  I explained this to her and she refused to move.  

 

After some discussion, she agreed to move to be with me when she gets the green card and the lease ends for the apartment we were renting.  She was concerned that skipping or breaking the lease would damage her credit and that USCIS may send the green card to the wrong address and get lost.

 

I sent her about $500-600 per month in rent, plus I paid the utility bills and some of the groceries.  Also paid her cell phone bill. I put her on my health insurance, a benefit that we didn't have in over a year.  Plus I visited her at least once a month at my expense and took her out for a nice time.

 

At the same time I saved the car, caught up on the bills and saved the wedding rings from being confiscated by the jeweler.

 

Then there were my expenses I had to cover at the new place I moved to.

 

From a financial standpoint I was working miracles this past year.  

 

There is no possible way that anybody can reasonably claim that I abandoned her as you make it sound.  Nor did she claim such in the divorce filing.

[N-o-l-a 7,168]

9 minutes ago, Chemist said:

 

There is no possible way that anybody can reasonably claim that I abandoned her as you make it sound.  Nor did she claim such in the divorce filing.

 

Isn't Florida a no fault divorce state?  You don't need to state any reasons to file.

 

A tip for the future - don't finance your wedding jewelry.  If you can't afford it, just get something cheaper.  I can't even imagine how upsetting it would be in the healthiest of marriages to have your wedding rings repossessed.  

[Chemist 2]

7 minutes ago, N-o-l-a said:

 

Isn't Florida a no fault divorce state?  You don't need to state any reasons to file.

 

Yes, that's pretty much the option she chose.

[GabiMatch 161]

4 hours ago, mindthegap said:

To answer your questions - 

-Yes, she can file a divorce waiver despite her being the one who filed for divorce. It will be adjudicated on the evidence she provides. You will not be involved in that process at all.

-Yes, they can deny her, as the onus is on her to prove it was a bonafide marriage. However, if denied, once the removal proceedings in court commence, the onus is on USCIS to prove that it was not bonafide.

-Yes, it is very much a 'he said, she said' type thing. 

-Yes, you are bound by the affidavit of support should she become a public charge.

 

 

If you really want to, then contact USCIS and tell them what you think. This appears to be exactly what my ex-spouse did and it has recently caused me no end of problems, despite it all being absolute fabrication and outright lies on her part and having no evidence of such and I am quite frankly baffled as to why they acted on it.

Note however, that I still have my status, and am still here, and have a multitude of legal avenues afforded to me as a lawful permanent resident.

 

 

 

You would be better served moving on with your life and chalking it down to experience in my honest opinion.

She isn't your problem anymore.

 

Great answer!!! Specially for the fact that you shared your personal experience. 

 

 

4 hours ago, mindthegap said:

I will be blunt. Your spouse isn't something you can order via amazon and return because you aren't happy how it worked out.

 

You petitioned for her, she came, it didn't work out. 

It happens a lot - life, and love, sucks sometimes. 

Perhaps you left your underpants on the floor too many times or you have bad morning breath.

This comment is unnecessary, harsh and not kind at all! 

[mindthegap 2,599]

12 minutes ago, GabiMatch said:

This comment is unnecessary, harsh and not kind at all! 

Subjective, and you also removed the latter half of that paragraph, so quote is slightly out of context.

 

Regardless, it also happens to be true (aside from the underpants and breath bit....of that I have no idea).

 

 

 

[GabiMatch 161]

Just now, mindthegap said:

Subjective, and you also removed the latter half of that paragraph, so quote is slightly out of context.

 

Regardless, it also happens to be true (aside from the underpants and breath bit....of that I have no idea).

 

Everything that you wrote is there I only wanted to be fair and point that you gave great answer after saying some very unnecessary things about the situation. 

[WeGuyGal 1,052]

3 hours ago, Chemist said:

This seems to be exactly what happened.  She made contact with other Russian/Ukrainian immigrants in Southern Florida.  I have little doubt in my mind that she is being coached through this by them.  Her moods seemed to have suddenly changed at a certain point in our marriage. She opened a checking account without my knowledge around this time and started hiding money.  She rarely deposited money she made into our joint checking account.    I originally thought that some language and cultural differences were responsible for some of the marital strain so I sought a licensed family therapist who's Ukrainian that I thought could help us bridge these misunderstandings but my wife rejected this idea.

 

There is a 10 year age gap between us.  I am 43 and she is 33.

 

The fact that men go for Ukranian (or Russian/or Thai/or Filipino for that matter) women says something. And these women know that well, and are willing to exploit American men's penchant for foreign (=younger) women to get to the US.  Bonus if they can scam $$$ out of this. This is an industry! 

 

[ThomasNC1988 762]

1 hour ago, WeGuyGal said:

The fact that men go for Ukranian (or Russian/or Thai/or Filipino for that matter) women says something. And these women know that well, and are willing to exploit American men's penchant for foreign (=younger) women to get to the US.  Bonus if they can scam $$$ out of this. This is an industry! 

 

I completely agree and will add that a lot of this could probably be avoided if the men could manage to send some blood flow back up to their brains. However, there are plenty of lovely women out there who aren't looking to scam they just might not be 10 years your junior or quite so hot-n-ready if you get my meaning.

[Dianalorena 1,153]

I feel that we tend to forget that despite it being an immigration process, relationships start and end for numerous reasons.

Do you actually have evidence that she used you to come to the United States or you're hurt by the relationship not working out?

Having a long distance relationship followed by the cultural shock and adapting to a foreign country is rough on a lot of couples. 

 

Petitioners help us beneficiaries come to the United States, but we are not property or something to be sent back at will. 

We fall in love and try to make it work as much as anyone. Sometimes, unfortunately, relationships end. I'm not saying you 

think this way, but  It's a mentality that unfortunately a lot of petitioners have at times (Feeling used, wanting exes to be deported) 

 

Divorce, let her ROC on her own and move on. It's unlikely that it will affect you, and she would no longer be your responsibility. 

I'm sorry you're going through this, it is never easy, for either one of you. 

 

 

[GAKP 1]

3 hours ago, Chemist said:

Yes, that's pretty much the option she chose.

I think you just need to move on for your happiness. Stuff happens in life sometimes you can't control. The only thing I know for sure that she only has a conditional green card which is valid for only 2 years from the time that the government issued. After that, USCIS will send the letter to get the evidence that you guys still live together before granting a permanent GC. If you do not appear in front of the officer and can't provide supporting document that you two live together, that foreign person can be deported. The reason I know this because I used to be in the same boat as a foreign spouse. We did turn in the evidence first before they called us for interview. There were some people I know that failed the interview because they divorced before removing condition to move on with new person or they did not live together. So the conditional GC person got denial and waited for deportation. One girl from my country was deported.

So if you know that your intention is good, then do not have to think and get bitter because what goes around comes around. But if she can support the evidence that you abuse her or do wrongly to her, then you lose your ground in this battle.

 

Just keep positive thinking and you will have a wonderful life one day with a wonderful woman who truly love you.

2 minutes ago, Dianalorena said:

I feel that we tend to forget that despite it being an immigration process, relationships start and end for numerous reasons.

Do you actually have evidence that she used you to come to the United States or you're hurt by the relationship not working out?

Having a long distance relationship followed by the cultural shock and adapting to a foreign country is rough on a lot of couples. 

 

Petitioners help us beneficiaries come to the United States, but we are not property or something to be sent back at will. 

We fall in love and try to make it work as much as anyone. Sometimes, unfortunately, relationships end. I'm not saying you 

think this way, but  It's a mentality that unfortunately a lot of petitioners have at times (Feeling used, wanting exes to be deported) 

 

Divorce, let her ROC on her own and move on. It's unlikely that it will affect you, and she would no longer be your responsibility. 

I'm sorry you're going through this, it is never easy, for either one of you. 

 

 

I agree with you.

[Scazy 78]

13 minutes ago, GAKP said:

I think you just need to move on for your happiness. Stuff happens in life sometimes you can't control. The only thing I know for sure that she only has a conditional green card which is valid for only 2 years from the time that the government issued. After that, USCIS will send the letter to get the evidence that you guys still live together before granting a permanent GC. If you do not appear in front of the officer and can't provide supporting document that you two live together, that foreign person can be deported. The reason I know this because I used to be in the same boat as a foreign spouse. We did turn in the evidence first before they called us for interview. There were some people I know that failed the interview because they divorced before removing condition to move on with new person or they did not live together. So the conditional GC person got denial and waited for deportation. One girl from my country was deported.

So if you know that your intention is good, then do not have to think and get bitter because what goes around comes around. But if she can support the evidence that you abuse her or do wrongly to her, then you lose your ground in this battle.

 

Just keep positive thinking and you will have a wonderful life one day with a wonderful woman who truly love you.

I agree with you.

Well, I'm not agree about ROC process. If you still married AND submitted enough of evidence during those 2 conditional years, there is no interview. If there is something missing, there is RFE and still no interview if adjudicator is satisfied. If you both go to an interview - that usually means the evidence submitted was really weak. 

As for failing the interview based on divorce - again, in such case the evidence that marriage entered in good faith should be extremely thin. Probably the people you know (or heard) who's been deported did not had ANY sufficient proof at all? Because Roc is fairy easy process if you prepared.