Divorce and I-751

[Golfiscool 0]

Hi guys. I’ll try to make this as short and to the point as possible. My ex wife entered the US on a K-1 Visa. We got married and shortly after, 7 months, she filed for divorce. I found out that she had been cheating on me with a friend that I trusted. The divorce took over a year to finalize. We do have a son who was born 2 years prior to the “marriage”. So basically we have been living separate lives with very little contact during her conditional PR period. The divorce finalized just a week or so before her 2 year conditions were set to expire. It’s my understanding that I won’t have any involvement in the immigration process from now on and that she had to file for removal of conditions on her own. Since we are not together anymore and can’t file jointly she will be called into an interview to prove a bonafide marriage, correct? I’ve looked over the required information they want to see to prove a bonafide marriage and she literally has nothing to go on. We had no joint accounts, no joint mortgage, no joint life insurance, literally nothing. I’m curious what everyone thinks about my situation and if you think she will be able to stay. I do 100% believe I was used for immigration purposes. Also, as the original sponsor, am I entitled to know about the outcome? I literally have no idea what’s happening with it.

[Golfiscool 0]

No, there was no lease or anything. There is nothing she could possibly have that had both of our names on it. During the divorce her morals were called into question and I ended up with more time with our son than she did. No, I don’t believe she would willingly go back to her country without our child.

[xillini 71]

To answer your question, I 751 filed without USC does not necessarily mean the immigrant must be called into interview. It depends on totality of marriage and burden of proof that immigrants have suggested to USCIS albeit it, in general, increases the chance for close scrutiny and therefore interviews as well. (Like everything else in U.S., everything depends, and there is no absolute guarantee in U.S.). 

 

So I guess it is sticky circumstance but let me understand a few more facts. 

 

1) In your divorce decree, does the decree say no fault? (my impression is no-fault because you would have stated it if that had been the case). you mentioned that she cheated on you, but did you suggest the evidences to the divorce proceedings so that it was documented? If decree says it is at fault on your ex, then the chance is very likely that USCIS will reject I 751 and proceed into removal process to immigration court, where they will likely to finally sentence removal order as well. 

 

2) I understand that your ex and you did not share much financial responsibility, but I am assuming you guys live together, and I am wondering if she documented it? Because co-living documentation counts a lot in I 751 process especially with a child born together. It would be great if you can share your timeline for AOS and the total dating timeline with your ex. 

 

3) Finally, do you want her to be removed or still have sympathy that you wouldnt mind her living in U.S.? I meant it is really upto you, but depending on your answers, response would be different as well. 

 

Just FYI is that if your ex is smart, and if she really did have wanted to use you for immigration purpose, she would have collected documentation meticulously, knowing that I 751 is waiting for her, and therefore she would suggest all those documentations to USCIS ( Please note that I asked a condition that "If she is smart" because I 751 is there). USCIS has internal lists of high frequency for country of origins to sham marriage, and your ex's country of origins will also be considered into account, when USCIS officers are making decisions. 

 

Generally, you mentioned that you guys lived together and have a child, and therefore if she lawyered up well, and if the divorce decree indicates "at-no-fault" dissolution of the marriage, it is 50 to 50% chance in USCIS's I 751 process, and even with 50% chance of USCIS's I 751 reject, which means it will go into immigration court, the likelihood that her I 751 will be approved is even higher because of born child and living together for long time. 

[Golfiscool 0]

19 hours ago, xillini said:

To answer your question, I 751 filed without USC does not necessarily mean the immigrant must be called into interview. It depends on totality of marriage and burden of proof that immigrants have suggested to USCIS albeit it, in general, increases the chance for close scrutiny and therefore interviews as well. (Like everything else in U.S., everything depends, and there is no absolute guarantee in U.S.). 

 

So I guess it is sticky circumstance but let me understand a few more facts. 

 

1) In your divorce decree, does the decree say no fault? (my impression is no-fault because you would have stated it if that had been the case). you mentioned that she cheated on you, but did you suggest the evidences to the divorce proceedings so that it was documented? If decree says it is at fault on your ex, then the chance is very likely that USCIS will reject I 751 and proceed into removal process to immigration court, where they will likely to finally sentence removal order as well. 

 

2) I understand that your ex and you did not share much financial responsibility, but I am assuming you guys live together, and I am wondering if she documented it? Because co-living documentation counts a lot in I 751 process especially with a child born together. It would be great if you can share your timeline for AOS and the total dating timeline with your ex. 

 

3) Finally, do you want her to be removed or still have sympathy that you wouldnt mind her living in U.S.? I meant it is really upto you, but depending on your answers, response would be different as well. 

 

Just FYI is that if your ex is smart, and if she really did have wanted to use you for immigration purpose, she would have collected documentation meticulously, knowing that I 751 is waiting for her, and therefore she would suggest all those documentations to USCIS ( Please note that I asked a condition that "If she is smart" because I 751 is there). USCIS has internal lists of high frequency for country of origins to sham marriage, and your ex's country of origins will also be considered into account, when USCIS officers are making decisions. 

 

Generally, you mentioned that you guys lived together and have a child, and therefore if she lawyered up well, and if the divorce decree indicates "at-no-fault" dissolution of the marriage, it is 50 to 50% chance in USCIS's I 751 process, and even with 50% chance of USCIS's I 751 reject, which means it will go into immigration court, the likelihood that her I 751 will be approved is even higher because of born child and living together for long time. 

1. No, I live in a no fault state so they don’t really care about how a marriage dissolved. Yes, it was brought up in the divorce and it’s mentioned in Friend of the Court documents as a reference to her character and morals. 

 

2. Living together wasn’t really documented and it was not a long duration that we did live together. Immediately after receiving her official green card in the mail she left to go back to her country. I was told it would be a few weeks but it turned into a few months, with very little correspondence. During the short time she was in the US she left a lot to go stay with “friends” and that’s when the infidelity was happening. This was the behavior of a newlywed woman. Most newlyweds can’t get enough of each other. They certainly aren’t spending weeks and months away from their spouse voluntarily.

 

3. No, based on behavior I don’t believe she should be granted residence. She was never serious about the marriage from the start and I didn’t see it until after the fact. She’s not cooperative with me in raising our child. I have more parenting time than she does. I provide all of the necessary elements for my son’s life and well being. I don’t believe she’s done anything to justify her being in the US. I think there were shady motives from the start.

[Golfiscool 0]

It’s her burden to prove a “good faith marriage”, correct? You can name off all of the things that prove a bonafide marriage and she does not have any of them. Some people have told me my son is proof but he was born years before the marriage. I read all of these stories on here about people being required to show more evidence, she literally has NOTHING.

[Villanelle 4,122]

Most people have more then they realize for ROC. She will have the divorce decree which is pretty good evidence of the marriage and its dissolution. Its a legal document where you both disclosed your joint assets and debts. If you had none- then the decree is proof of that. There is no official list of things one needs to submit to prove bonafide marriage. Some couples dont mix finances- that doesnt make them non-bonafide. 

Anyway, no one is ever going to tell you her immigration status. You may find out about it if she talks about it or others do- but family court does not care about ones immigration status. Its not really your concern anymore except for the fact that there is the aff of support- however its rarely used to collect from sponsors and she did not sue you in court for support. 

You can contact USCIS about your feelings that she committed fraud. Theres a post in Effects of major changes by Brian nineteen something, I forget his user name, probably a few pages buried, but its about how to report fraud to USCIS. You can send a letter or go to infopass. You would need solid proof though or its a waste of time. If she does ever become illegal you can attempt to get her picked up, in the past ICE did not care, currently they are instructed to deport anyone illegal. However, if she did file 751 and it ends up getting rejected and she has to go to court there are many ways she can get approved. Court will also take many years to resolve. I believe in some places its a 2 yr wait to even get your first court date. She will have status until court rules she doesnt. 

You should look into getting a block on your childs passport (or being able to get a passport) in case she decides to leave the US and take the child. Also look into if she is able to get a foreign passport for your child. If she gets one then there really is no way to prevent the child from leaving with her with that passport. The US cant put exit blocks on other countries passports. She can also get remarried and file various things- she will need to leave the US to interview in an Embassy but this can just be a 2 week vacation. 

[Golfiscool 0]

17 minutes ago, Damara said:

Most people have more then they realize for ROC. She will have the divorce decree which is pretty good evidence of the marriage and its dissolution. Its a legal document where you both disclosed your joint assets and debts. If you had none- then the decree is proof of that. There is no official list of things one needs to submit to prove bonafide marriage. Some couples dont mix finances- that doesnt make them non-bonafide. 

Anyway, no one is ever going to tell you her immigration status. You may find out about it if she talks about it or others do- but family court does not care about ones immigration status. Its not really your concern anymore except for the fact that there is the aff of support- however its rarely used to collect from sponsors and she did not sue you in court for support. 

You can contact USCIS about your feelings that she committed fraud. Theres a post in Effects of major changes by Brian nineteen something, I forget his user name, probably a few pages buried, but its about how to report fraud to USCIS. You can send a letter or go to infopass. You would need solid proof though or its a waste of time. If she does ever become illegal you can attempt to get her picked up, in the past ICE did not care, currently they are instructed to deport anyone illegal. However, if she did file 751 and it ends up getting rejected and she has to go to court there are many ways she can get approved. Court will also take many years to resolve. I believe in some places its a 2 yr wait to even get your first court date. She will have status until court rules she doesnt. 

You should look into getting a block on your childs passport (or being able to get a passport) in case she decides to leave the US and take the child. Also look into if she is able to get a foreign passport for your child. If she gets one then there really is no way to prevent the child from leaving with her with that passport. The US cant put exit blocks on other countries passports. She can also get remarried and file various things- she will need to leave the US to interview in an Embassy but this can just be a 2 week vacation. 

The very first thing I did when she left was file a court matter to prevent my son from traveling. She’s been warned more than a few times by judges to not even try it, and if she does she will be in big trouble.

 

See, I find that laughable that the sponsor couldn’t find out about her status. I’m the reason she was even able to be here!! I paid the money, I filed the papers. That’s ludicrous.

[Villanelle 4,122]

You filed some papers, other papers were just hers. Immigration status is not public record- thats just the way it is. And since family court does not care if someone is illegal theres no way you can compel her to disclose her status. Have a look at the fraud thread and if you have more questions please post them. 

[NikLR 13,231]

You petitioned for her ability to apply for a visa.  You then said she was a good person and you would foot the bill if she used means tested benefits.  She applied for the visa and she adjusted her status. 

[Golfiscool 0]

8 minutes ago, NikLR said:

You petitioned for her ability to apply for a visa.  You then said she was a good person and you would foot the bill if she used means tested benefits.  She applied for the visa and she adjusted her status. 

I suppose you’re right. I’d advise anyone thinking about signing those papers to really think twice. 

[NikLR 13,231]

I am sorry your marriage has not worked out.