Can foreign spouse file divorce on Conditional GC?

[WeGuyGal 1,052]

20 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.

Almost no one gets a USCIS letter these days  to apply for a permanent GC. Folks have to do it on their own. 

 

As mentioned earlier, there are threads that talk about support networks for Ukranian women on the US East Coast, probably with links to networks in Ukraine itself. Women are coached on reaching out to (American\Western) men online, and latching on to fiance/tourist visas. Once in the US, they tend to engage the support network and look for excuses to opt out of relationships, as OP's spouse presumably did. 

 

OP-- your wife is unlikely to be denied ROC or deported. You may however choose to go to Infopass and present any evidence of your then-fiance/wife's fraudulent activities which may/may not be referred to by the ROC adjudicator. You'll need her 9-digit A#. 

Edited November 2, 2017 by WeGuyGal

[mindthegap 2,605]

22 minutes ago, Scazy said:

 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. 

This is very inaccurate.

 

22 minutes ago, WeGuyGal said:

As mentioned earlier, there are threads that talk about support networks for Ukranian women on the US East Coast, probably with links to networks in Ukraine itself. Women are coached on reaching out to (American\Western) men online, and latching on to fiance/tourist visas. Once in the US, they tend to engage the support network and look for excuses to opt out of relationships, as OP's spouse presumably did. 

 

I am sure that was a Law & Order SVU episode.....

 

DUN DUH

[Scazy 78]

27 minutes ago, mindthegap said:

This is very inaccurate.

 

 

I am sure that was a Law & Order SVU episode.....

 

DUN DUH

Which part is not accurate? if you have enough of evidence of good faith marriage, they simply send you a GC. I follow different ROC threads here and also based on experience of my friends, I'm confident they don't send you for an interview without a reason ( lack of ducuments in this case) correct me if I'm wrong

 

Edited November 2, 2017 by Scazy

[Villanelle 4,122]

Just now, Scazy said:

Which part is not accurate? if you have enough of evidence of good faith marriage, they simply send you a GC. I follow different ROC threats here and also based on experience of my friends, I'm confident they don't send you for an interview without a reason ( lack of ducuments in this case) correct me if I'm wrong?

 

You are wrong.

 

Generally speaking petitions are reviewed and coded A B or C. A is good application with tons of proof and approvable. B is mostly good application- decent amount of proof, no major issues. C is something is off.

 

All C's get an interview. A percentage of A's and Bs get interviews as well for quality control purposes. 

[Scazy 78]

5 minutes ago, Damara said:

You are wrong.

 

Generally speaking petitions are reviewed and coded A B or C. A is good application with tons of proof and approvable. B is mostly good application- decent amount of proof, no major issues. C is something is off.

 

All C's get an interview. A percentage of A's and Bs get interviews as well for quality control purposes. 

I don't see how this is different from what I said, except that a strong petition might end up getting interview as a random check. But percentage of random checks I'm sure MUCH less than applications coded C - with lack of evidence. And again, every time I see someone got RFE -there is something missing. 

just recently a friend of mine got RFE because he submitted: old and expired lease, 2 fpl bills, pictures, 1 affidavit. Replied on RFE with only new lease. Called in for an interview, asked simple questions, got a GC. 

Another friend of mine got a green card based on divorce waiver without RFE or interview because she prepared a strong package of evidences with layer. 

So I still believe that as long as you have enough of evidences, ROC should not be a rocky road to anyone. 

[Lemon23 400]

1 hour ago, Scazy said:

I don't see how this is different from what I said, except that a strong petition might end up getting interview as a random check. But percentage of random checks I'm sure MUCH less than applications coded C - with lack of evidence. And again, every time I see someone got RFE -there is something missing. 

just recently a friend of mine got RFE because he submitted: old and expired lease, 2 fpl bills, pictures, 1 affidavit. Replied on RFE with only new lease. Called in for an interview, asked simple questions, got a GC. 

Another friend of mine got a green card based on divorce waiver without RFE or interview because she prepared a strong package of evidences with layer. 

So I still believe that as long as you have enough of evidences, ROC should not be a rocky road to anyone. 

bottom line here is that each application is different, regardless if you have tons of evidences if they saw a loop holes on your application like age gap, different religion etc.. or if you don't have interview for your AOS then they might send you an interview notice. 

Edited November 3, 2017 by Lemon23

[Suss&Camm 2,213]

4 hours ago, Scazy said:

I don't see how this is different from what I said, except that a strong petition might end up getting interview as a random check. But percentage of random checks I'm sure MUCH less than applications coded C - with lack of evidence. And again, every time I see someone got RFE -there is something missing. 

just recently a friend of mine got RFE because he submitted: old and expired lease, 2 fpl bills, pictures, 1 affidavit. Replied on RFE with only new lease. Called in for an interview, asked simple questions, got a GC. 

Another friend of mine got a green card based on divorce waiver without RFE or interview because she prepared a strong package of evidences with layer. 

So I still believe that as long as you have enough of evidences, ROC should not be a rocky road to anyone. 

You said, they don't send You for an interview without a reason, which is what @Damara corrected.

Rfe's, are one thing - interviews are another. There are always random interviews to reach their quota.

[billy&lesly 0]

You can write a letter explaining your reasons to withdraw your support, before she goes to her interview to remove conditions. Then you just have to leave it in their hands. 

[Boiler 46,113]

10 minutes ago, billy&lesly said:

You can write a letter explaining your reasons to withdraw your support, before she goes to her interview to remove conditions. Then you just have to leave it in their hands. 

Would be a waste of a stamp.

[billy&lesly 0]

5 minutes ago, Boiler said:

Would be a waste of a stamp.

Actually not. That letter will catch up with her at the interview to remove conditions. He has a right to take action if he feels he was taken advantage of. 

[billy&lesly 0]

15 hours ago, Chemist said:

Thanks for the replis so far. 

 

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

 

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! 

 

I made an InfoPath appointment with USCIS to discuss this. I'll report any findings. 

Good luck! Sorry you're going through this.

[Boiler 46,113]

13 minutes ago, billy&lesly said:

Actually not. That letter will catch up with her at the interview to remove conditions. He has a right to take action if he feels he was taken advantage of. 

Wasting a stamp is not taking action.

[JFH 12,191]

You can't withdraw the I-864 just because it didn't work out with your wife. It's an agreement you made with the government, not your wife. It's to ensure that the taxpayer doesn't have to pick up the bill for feeding and housing the person you chose to bring into the country. And why should anyone else be responsible for her? 

 

You need to accept some personal responsibility here too. You chose her. You went to great lengths to demonstrate the relationship was genuine. Turns out you made a bad choice. It happens. I'm guessing you didn't spend that much time together before proposing - from browsing these forums it seems a week is about the norm for K-1s. That's really not enough time to get to know some from a completely different culture well enough to decide to spend every waking moment henceforth with that person. You probably rushed into it and this is what happens. 

 

Move on with your life. It wasn't meant to be. 

[bakphx1 789]

Sorry if I previously passed along misinformation I read in another thread.  But, there are provisions in the instructions for ROC  in the case of divorce that the marriage must have been entered into in good faith and return to the home country is a hardship. 

If it were me, I would make an attempt to get out of the sponsorship if I thought the person was looking to dupe someone from the outset.  There have been multiple posts of someone bringing someone over and the beneficiary suddenly ditching the marriage the instant they can with no problems  in the relationship  preceding it.   My personal suspicion is it's premeditated in those cases,  and they coach each other.  I think for the harm they cause to the person who sacrificed for them under what are false pretenses they deserve the most uphill battle they can get. 

[Going through 5,671]

5 hours ago, bakphx1@aol.com said:

If it were me, I would make an attempt to get out of the sponsorship if I thought the person was looking to dupe someone from the outset. 

Easier to "get out" of it during the AOS stage if it's still pending.....during the ROC stage 2 years down the road after the AOS approval, and the couple married for nearly 3 years (or longer) pretty much impossible.