How can I divorce my spouse who has been in the US for only 3 months and came here on an IR1 visa from me

[Bfrank 0]

I got married in July 2016, I have been married a total of 3 years however I maybe only spent 1 year and 6 months living with my spouse. In about October 2017 I applied for the USCIS I-130 for my spouse. His papers were approve in December 2018. He arrived to America with an IR1 Visa in January 2019, he lived with me and my family  until March 2019, after her got his green card in the mail then received his social security and then got his drivers licenses (all with the help of me) he left the house and disappeared. It is clear he married me for the US citizenship. How can I legally divorce him and is there a way for him to be deported since the marriage is in bad faith. I have a daughter with him (me and my daughter are both born in the USA). He does not and never has spent actual time with myself or my daughter. He does not care about myself or my daughter and left my families home with only his important papers and money and left us nothing.

[Georgia16 2,858]

You can file for a divorce. 

 

He has a 10 year GC now so there really isn't anything you can do about his status unless you have real concrete evidence of marriage fraud. 

 

Focus on yourself and your daughter and forget about him. Doesn't sound like he will be in your daughter's life if he just left and haven't been heard from.

[Ben&Zian 4,398]

Like above. Divorce, even if don't know where he is, you can still divorce, then move on. You can write USCIS and inform them, but they likely won't do anything unless you had hard evidence of fraud or something. So just move on and let him sort it out on his own. 

Live and learn.

Edited March 21, 2019 by Ben&Zian

[aaron2020 11,651]

You file for divorce in your local state court.  Absent spouse is fine.

 

Report to USCIS with evidence that you have.  They are unlikely to do anything.  

 

The best thing for you to do is divorce and move on.  

[USS_Voyager 1,972]

You can file for divorce by yourself. You don't need him to do that. 

 

There is pretty much nothing you can do about him and immigration. Just move on with your life, raise your daughter, and one day you will meet a better person. 

[Boiler 45,564]

Being divorced means it will take him 5 years rather than 3 years to become a US Citizen.

[SusieQQQ 11,586]

I’m sorry to hear about this. It’s so frustrating and heartbreaking to be taken advantage of and feel like there is nothing you can do about it. And it’s true that unless you have concrete evidence of fraud it’s hard. However.... one thing you can do if he truly disappears out of your lives and shirks his obligations to your child is to put on record that he owes child support. That wlll be an issue for when he tries to naturalize as it will go against good moral character and prevent him naturalizing.  You don’t even need a court order for child support for this (although that would be better anyway for a number of reasons), as the courts hold that it is a moral/ethical obligation rather than a purely legal one.

Edited March 21, 2019 by SusieQQQ

[Ben&Zian 4,398]

3 minutes ago, SusieQQQ said:

I’m sorry to hear about this. It’s so frustrating and heartbreaking to be taken advantage of and feel like there is nothing you can do about it. And it’s true that unless you have concrete evidence of fraud it’s hard. However.... one thing you can do if he truly disappears out of your lives and shirks his obligations to your child is to put on record that he owes child support. That wlll be an issue for when he tries to naturalize as it will go against good moral character and prevent him naturalizing. 

 

Good point. Definitely if OP wants to stick it to him, and rightfully so she should, requesting child support is the way to go.

[SusieQQQ 11,586]

Just now, Ben&Zian said:

 

Good point. Definitely if OP wants to stick it to him, and rightfully so she should, requesting child support is the way to go.

That’s only part of it (the part that makes me so mad when people enter into green card marriages and seem to get away with it). The pure fact is that he does have an obligation to his child.

[Vega007 63]

Just now, SusieQQQ said:

That’s only part of it (the part that makes me so mad when people enter into green card marriages and seem to get away with it). The pure fact is that he does have an obligation to his child.

There might also be a problem if he applies for welfare. Since the OP or someone she knows is a sponsor. OP might have to be responsible paying back whatever welfare he receives. Maybe look into petition to withdraw support while demanding for child support after a divorce. There have been cases where people gets called to the court or get thrown into jail for refusing to pay child support.

[Boiler 45,564]

One of the dangers of blocking Citizenship, you stay on the hook.

[Ben&Zian 4,398]

Since he got a GC already she can't just pull the affidavit of support, but definitely divorcing and requesting child support is the way to go. 

[aaron2020 11,651]

5 minutes ago, Vega007 said:

There might also be a problem if he applies for welfare. Since the OP or someone she knows is a sponsor. OP might have to be responsible paying back whatever welfare he receives. Maybe look into petition to withdraw support while demanding for child support after a divorce. There have been cases where people gets called to the court or get thrown into jail for refusing to pay child support.

The I-864 is binding.  There are specific requirements to end the obligation.  Divorce and immigration fraud are not on the list.  There is NO WAY to withdraw the I-864 once the beneficiary becomes a green card holder.  

[Vega007 63]

10 minutes ago, aaron2020 said:

The I-864 is binding.  There are specific requirements to end the obligation.  Divorce and immigration fraud are not on the list.  There is NO WAY to withdraw the I-864 once the beneficiary becomes a green card holder.  

Pretty sad that OP will stuck with the possibility of having that financial burden added for years down the road.

[nastra30 2,287]

1 hour ago, Vega007 said:

Pretty sad that OP will stuck with the possibility of having that financial burden added for years down the road.

It's really sad. The affidavit of support is still binding per her contract with the govt until he naturalizes. 

One of the reasons CR1 was carved out of IR1 but there's no one size fit all solution for marriage fraud.