Marriage fraud? Need advice on what to do next.

[heyimmovingon 1]

I'll try to be as brief as possible. I met my wife 3 years back and we've been married roughly 18 months. Things were great before she came (K1 Visa) but after she got here, the signs started to show. Withdrawn, no sex, changing plans etc....... We have no joint property, kids, or accounts. Anyway, she got her conditional green card roughly a month ago and decided to leave. I don't want to deal with the drama so I'm filing for divorce. Even though she's gone, she has stated that she doesn't want me to file divorce. The only reason I could think as to why she would say that is because she wants to remain married long enough to get her permanent green card. My question is if there is anything I need to look out for while going through the divorce process? I've read up on the VAWA thread and that seems like a route she might take as a last resort. Of course, I've never physically or emotionally abused her and I don't want any lies told on me. Furthermore, I could lose my job if she accused me of such things since I work for the government. I just want to start the divorce, move past it and move on with my life. Any advice would be appreciated. 

[Going through 5,671]

13 minutes ago, heyimmovingon said:

My question is if there is anything I need to look out for while going through the divorce process?

She could be going through the normal adjustment period in a new country with no family, no friends, no familiar surroundings, etc. and lashing out at you through arguments/fights which lead to the breakdown of your marriage (which is possibly why she does not want to divorce yet)...however:

 

If you fear she  may submit a false VAWA application, have as little physical/personal contact with her as possible, and don't ever be alone with her in person.

Edited June 8, 2018 by Going through

[fip & jim 452]

It's not that simple. Marriage is a legal contract which affords both parties certain rights. You'll have to negotiate with her, it's not like breaking up with a girlfriend. 

If she has no evidence of abuse then you have nothing to worry about on that front & like Going through said meet in public so you have witnesses if she makes false claims. Protect yourself by taking sensible precautions if you think she'll go down that route. But if she doesn't want a divorce then I doubt she'd do that as this point because she wants you onside. 

Edited June 8, 2018 by fip & jim

[belinda63 3,038]

She doesn't need VAWA since she has her conditional green card. She can file to remove conditions with a divorce waiver.

[NikLR 13,227]

Zero issues with vawa as she has a green card.  She will have a difficult time removing the conditions on her green card without anything joint, but she just needs to prove she "entered" the marriage in good faith.  

I'm sorry your marriage did not work out.

[Boiler 45,584]

I assume she will change her mind about the Divorce when she finds out she is the one that actually needs it to go through.

[heyimmovingon 1]

What do you mean? Are you saying that the divorce is a benefit to her?

[Umka36 781]

Once divorced, the ROC with a divorce waiver is all on her. You are not involved unless you volunteer to provide her the financial documents to prove marriage was in good faith (I'm assuming you're not going to help). If she has none or runs into issues, well that's her problem and not yours.

 

 

[little immigrant 801]

Do your actually have proof that she defrauded you? I'd be careful with that allegation as you can get in trouble too. 

[mushroomspore 3,044]

Hm, your wife may not have necessarily committed fraud by marrying you. It sounds like she realized moving and living in the US wasn't what it was cracked up to be, so she bailed. Sorry I know that's not really that much more reassuring. But truly fraudulent spouses manifest other behaviors and it doesn't seem like your wife has displayed them. If you divorce her, then the rest of her immigration process (if she pursues it) is 100% her responsibility. By divorcing her before removal of conditions, you remove yourself from the equation. It'd be messier if you tried to divorce her during removal of conditions. Have you tried or considered marriage counseling? Do you know where she is?

[Going through 5,671]

1 hour ago, Umka36 said:

You are not involved unless you volunteer to provide her the financial documents to prove marriage was in good faith (I'm assuming you're not going to help).

He won't need to help/provide her with the financial co-mingling proof...if she was on joint bank accounts, joint bills, joint health insurance and joint tax filings she can obtain copies/statements without his help by contacting the bank/utility companies/etc. on her own.

 

Plus they would have previously submitted a load of evidence jointly during the AOS stage which further goes towards proof of entering the marriage in good faith, so she's also got that under her belt so-to-speak in her file already if the IO wanted to look backwards.

[Boiler 45,584]

1 minute ago, Going through said:

He won't need to help/provide her with the financial co-mingling proof...if she was on joint bank accounts, joint bills, joint health insurance and joint tax filings she can obtain copies/statements without his help by contacting the bank/utility companies/etc. on her own.

 

Plus they would have previously submitted a load of evidence jointly during the AOS stage which further goes towards proof of entering the marriage in good faith, so she's also got that under her belt so-to-speak in her file already if the IO wanted to look backwards.

Agree does seem a bit of a farce.

[Ash.1101 1,756]

44 minutes ago, Going through said:

He won't need to help/provide her with the financial co-mingling proof...if she was on joint bank accounts, joint bills, joint health insurance and joint tax filings she can obtain copies/statements without his help by contacting the bank/utility companies/etc. on her own.

 

Plus they would have previously submitted a load of evidence jointly during the AOS stage which further goes towards proof of entering the marriage in good faith, so she's also got that under her belt so-to-speak in her file already if the IO wanted to look backwards.

It's debatable.

A lot of K-1 visas had been approved without interview. Most K-1 to AOS don't have an incredible amount of proof since they're only married for max 3 months, minimum a couple of days.

I wish I could go back and see what we had for AOS, but I can tell you it was next to nothing since we had been married for a month at the time of AOSing. ESPECIALLY compared to what we have after two years of marriage.


One thing I am curious about..


You say you've been married for roughly 18 months, but she just got her conditional green card a month ago. Is the process that backed up now or did something happen to where ya'll delayed filing for AOS?

Seems like a really large time gap from K-1 to AOS.

Edited June 9, 2018 by Ash.1101

[S&D2020 6]

http://www.alllaw.com/articles/nolo/us-immigration/can-permanent-resident-lose-green-card-after-divorce.html

[Paul & Marina 53]

Time to call a Lawyer, most will give a free consulation.

Edited June 9, 2018 by Paul & Marina