Can foreign spouse file divorce on Conditional GC?

[Chemist 2]

Damara,

Yes, it's interesting. I had a hunch that the courtesy call was unusual. The government is not known for its customer service.  It seems to indicate more than a passing interest in the case. 

 

The positive and negative columns was how I was thinking they would decide something like this.  So I was adding something to the negative column. I'm also thinking that USCIS may be looking for behaviors that would indicate whether or not she was serious. If she can't come up with evidence such as letters to parents or  friends describing our relationship, then it's pretty much her word. I've never met her friends (which might also be a fact for the negative column) so she can't rely on affidavits from them unless they are going to commit perjury. I think the question might be would a wife serious about marriage start stripping? Would she refuse a chance to better her life by moving to a closer job? Etc. 

 

The divorce papers do state that I moved out in March 2017. But the financial affidavit states that I was covering certain expenses untiltheend. This suggests that I was serious about the marriage. Whether she was serious is another thing entirely. She could just be going through the motions. I will say that in my research it seemed that USCIS won't consider who files. So it's pretty much a neutral factor. I'll have to rely on other information. There was also no settlement or alimony involved.

 

I also consider that if USCIS denies the ROC. Things get a lot more expensive and difficult for her if she wants to fight it in court. She might decide that she can't afford it and self deport. Or try to evade the authorities for as long as she can while remaining here. 

 

I think we also have to consider that there's a new sheriff in town. Fiance visas haven't been getting much exposure in the press but Trump and Sessions might have some reforms in mind that aren't being openly discussed that might impact how decisions are made on these cases. 

 

I've been pretty much researching and learning this on my own.  Information on marriage fraud seems very hard to find and there is no follow up on what happened after denials. There's also a lot of reading between the lines to figure things out.  But it's interesting.  I'll try to document what happens in my case as much as I can. But I'm just one data point and everybody's situation is different.  I'll likely never know the out come but I will report if I do. But we may never know for sure what tipped the scales in one direction or the other. It may be a debate for the ages. 

[Lemonslice 4,961]

13 minutes ago, Chemist said:

The positive and negative columns was how I was thinking they would decide something like this.  So I was adding something to the negative column. I'm also thinking that USCIS may be looking for behaviors that would indicate whether or not she was serious. If she can't come up with evidence such as letters to parents or  friends describing our relationship, then it's pretty much her word. I've never met her friends (which might also be a fact for the negative column) so she can't rely on affidavits from them unless they are going to commit perjury. I think the question might be would a wife serious about marriage start stripping? Would she refuse a chance to better her life by moving to a closer job? Etc. 

Others might ask themselves how you could move and leave her alone - she moved to Florida, halfway around the world, to be with you?  How was it ok to change the terms of your marriage by moving in completely different areas?   

I'm not saying your questions are wrong, just that there's a lot of factors and her reasons to get married, and then divorce might be right for her.  

[Chemist 2]

Others might ask themselves how you could move and leave her alone - she moved to Florida, halfway around the world, to be with you?  How was it ok to change the terms of your marriage by moving in completely different areas?   

 

because the situation required it.  We literally couldn't afford to live down there. Reread my posts about this. She also promised to move to join me. 

 

I'm not sure why people are rationalizing this. It's ridiculous. 

 

Sure, married couples don't always live together in the same states. But there's usually a good reason. 

 

Going to college might be a good reason. 

A military deployment might be a good reason. 

Ta king care of a sick relative is a good reason. 

Stripping is NOT a good reason. 

 

The only rational reason for stripping is because she wanted the money.  Which makes her refusal to join me in illinois and take advantage of a higher salary and the cost savings of maintaining a single residence so compelling that it begs all sorts of questions. 

 

I think the reason that USCIS looks for evidence of cohabitation is because that's what typical married couples do.

 

Staying in a separate state to strip is reasoning so off the wall that it would leave most rational people scratching their heads. No married women serious about her marriage would be doing such a thing. 

 

 

 

 

 

 

 

Most spouses move

[Boiler 45,956]

As others pointed out you were the one that moved.

 

Stripper?

 

I wonder what posters on here would say if she came on here asking if she would have issues removing conditions.

[Lemonslice 4,961]

She did move to you, then you moved away...  

Anyway, I see nothing in what you have said that support your impression that she fraudulently entered the marriage.  Also, it seems that she found a way to support herself, I would be careful about being to negative about her line of work, unless you want to be the one supporting her.  

[Chemist 2]

I guess I was expecting more of a ####### remark to that type of news.

 

Tough crowd.

 

[Chemist 2]

Really? This board is censoring   W. T.  and F?

 

#######!!!!!!

 

 

[Boiler 45,956]

What news?

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

46 minutes ago, Chemist said:

 

Staying in a separate state to strip is reasoning so off the wall that it would leave most rational people scratching their heads. No married women serious about her marriage would be doing such a thing. 

Well, you hit the nail on the head.  Of course she wasn't serious, you were having marital problems.  I could see a woman in a troubled marriage doing this.  Not my cup of tea after three kids, but it is reasonable.

[Chemist 2]

As I said. This is a pro immigrant crowd, and it's leading some of you into some mental gymnastics rationalizing my ex's decisions. 

 

Before you protest at this assertion try to imagine if my ex came to this board stating that her I751 was denied and asking for advice. 

 

Before advising her to get a lawyer, you'd be explaining to her that she only had a lease and a joint checking account that she never utilized. Plus she chose to remain in another state to shake her ### for other men that were not her husband. So of course she was denied. Makes perfect sense.

 

I know this because people have come to these boards claiming a lot more evidence and much better justification for any anamolies and still get denied and some of the respondents are all over them for it.

 

It's one of the reasons why I even went through this trouble.

 

But the bias in the commentary is astounding!

[Going through 5,671]

I'm curious---are you certain she is actually employed as a stripper now (I know it was mentioned on the financial affidavit from long ago) or are you speculating about her current employment?

[Going through 5,671]

5 hours ago, Chemist said:

As I said. This is a pro immigrant crowd, and it's leading some of you into some mental gymnastics rationalizing my ex's decisions. 

 

Before you protest at this assertion try to imagine if my ex came to this board stating that her I751 was denied and asking for advice. 

 

Before advising her to get a lawyer, you'd be explaining to her that she only had a lease and a joint checking account that she never utilized. Plus she chose to remain in another state to shake her ### for other men that were not her husband. So of course she was denied. Makes perfect sense.

 

I know this because people have come to these boards claiming a lot more evidence and much better justification for any anamolies and still get denied and some of the respondents are all over them for it.

 

It's one of the reasons why I even went through this trouble.

 

But the bias in the commentary is astounding!

I don't think it's more of a case of being a pro--immigrant crowd, then we are about being a pro-factual crowd.  One of the facts being that she's open to filing the ROC with a divorce waiver, and the other fact is that her employment, so long as it was legal, would not have any bearing towards a denial.  If she was/is stripping, seems she was doing that to support herself financially.   

 

Bias in the commentary may occur since we are only hearing one side of the story.  So leaves speculation on what her side may be.

 

I'm assuming the two of you filed taxes jointly (or married filing separately)?  If so she would have that as evidence to be submitted as well.

 

 

[mindthegap 2,599]

45 minutes ago, Going through said:

I don't think it's more of a case of being a pro--immigrant crowd, then we are about being a pro-factual crowd.  

 

Pro-factual and anti-douchebag

[shark101au 24]

53 minutes ago, mindthegap said:

 

Pro-factual and anti-douchebag

You can be a very annoying and rude individual.

[Chemist 2]

3 hours ago, Going through said:

I'm curious---are you certain she is actually employed as a stripper now (I know it was mentioned on the financial affidavit from long ago) or are you speculating about her current employment?

I had some confirmation a couple months post divorce when I submitted my info to USCIS and ICE, but that was a while ago.

 

I was moving on but the courtesy call from DHS made me come back here and update the thread.