Conditional GC with no evidence

[visaquestions1 0]

Hello VisaJourney!

 

I am writing for a friend and came across this site.  Hoping to get get some information.

 

Friend (female) brought spouse (male) over with a K1 Visa and married.  He has a conditional resident green card.  They have been separated living apart for over a year of their a little over 2 year marriage.

 

When they first got married he would tell her that he would give their marriage "2 years" to see if it worked but they were having a lot of problems.  When he left he left everything.  She hasn't divorced because she couldn't afford it at the time.  I've read some topics, but was were wondering if he'll be able to get a permanent green card with no real evidence regarding their marriage.  They didn't have any bank accounts, insurance, lease, or really anything like that while they were living together.  I believe they had credit cards (she added him to) but that was it and he was taken off as soon as he left.  The few questions (or any other information you can share) are below.

 

Will she be called or contacted from USCIS for this process?  

Sounds like a silly question, but if he doesn't have pictures or any bona fide marital proof, what happens?

She feels he came her on the K1 visa with good intentions, but once they started having issues (before they even got married) she believes he only married for her a GC.  Hence he always telling her he's give the marriage 2 years.  She loved him, but obviously made a bad decision if she knew before the marriage, but I guess that's not the point.  She wants to know what she should expect now.

 

Thanks!

 

 

[Ontarkie 14,236]

Does she happen to know when his 2 year card expires? 

 

He would need to file with a divorce waiver to remove the conditions on his card. So unless he files for divorce he won't be able to remove conditions without her.

He may come back begging and tell her all kinds of lies on how he missed her and he wants to give it another go. So she will file with him. Some ppl do not know they need to remove conditions on their 2 yr card and take off early without gathering proof. She needs to stay far away from him, he may figure out how bad he screwed up soon. 

 

At this point she needs to keep away from him. You said she still loves him so it would be very easy for her to let her heart fall for his lies. 

[visaquestions1 0]

@Ontarkie  THANK YOU for your response.  I believe it expires this year (around mid year).  

 

She's not in love with him anymore, but she was when they married even though he was being abusive and they were having serious issues before they married.

 

She's done with him for sure.  But wasn't sure what her responsibility was regarding him and his visa status (restricted GC).  She knows she's financially responsible for him for the 10 year period but wasn't sure what else needed to be done.

 

We were wondering about how he's going to "prove" it was real if he has nothing to do that with (besides old credit cards and they did do tax returns for the period(s) they lived together.  

 

 

[Villanelle 4,122]

Im sorry to hear this has happened. 

 

Adding on to whats already been posted by Ontarkie-

 

He will need a divorce decree to do ROC (removal of conditions) on his own. So he is going to either want a divorce or want to get back together to file the form jointly. Some people might 'take advantage' of the immigrant feeling as if they 'need' the divorce right away to get a more favorable divorce settlement. The truth is USCIS will wait as long as it takes to get the decree. However some immigrants still feel pressure to produce one and will in turn agree to a less favorable settlement to get the decree quickly...

 

I suggest you read the ROC subforum for ideas of what people send for ROC (with and without divorce waivers) He probably has more evidence then you realize. It is also recommended that SHE ensures she is never alone with him to avoid being set up for a false domestic violence claim. (if there is documented domestic violence he can be approved with less evidence). He would have to be very knowledgeable about the system to go this route and I have no idea if he is or not.

 

Finally she can send a letter to the service center (where he would mail his ROC) including his A# and relevant info and advise them she is NOT going to be filing a joint ROC with him incase he fraudulently signs her name and submits a joint ROC.

 

Best of luck to your friend.

[visaquestions1 0]

@Damara  THANK YOU for your response.  I really appreciate all the information you gave.  I have to admit, I was terrified with the domestic violence claim.  They don't see each other or talk to one an other. (thank goodness) so I don't think this will be an issue, but I have no idea if he could try to falsely claim something happened when they were still living together.  That's just terrible. But I think you mentioned, "documented", which she's never mentioned any violence before.  

 

I will for sure let her know about sending the letter to the service center.  I think that's a good idea.  

 

Again, THANKS for the info!!