How to prove he married me for a green card?

[Ben&Zian 4,398]

And this is why we tell people watch for any indicators or issues that seem "strange" because those are often the early signs somethings up. Not always, but seems all these stories have something start happening and all of a sudden they realize it. Glad most people felt it isn't the US government's fault for people falling for others. They do their checks, but the sole responsibility of knowing your relationship is on you and you alone. I can say from first hand here, we haven't had the greatest of two years married, ups and downs of the extremes, yet we still are there for eachother because that was the commitment we made. OP has to realize also, not everyone in a relationship feels that strongly committed for whatever reason and it's easier for one party to simply bow out.

[Randyandyuni 2,682]

11 minutes ago, Ben&Zian said:

And this is why we tell people watch for any indicators or issues that seem "strange" because those are often the early signs somethings up. Not always, but seems all these stories have something start happening and all of a sudden they realize it. Glad most people felt it isn't the US government's fault for people falling for others. They do their checks, but the sole responsibility of knowing your relationship is on you and you alone. I can say from first hand here, we haven't had the greatest of two years married, ups and downs of the extremes, yet we still are there for eachother because that was the commitment we made. OP has to realize also, not everyone in a relationship feels that strongly committed for whatever reason and it's easier for one party to simply bow out.

Well said, it's never always puppies and roses

[xillini 71]

I wrote with my cell phone, but here is more through writing to you. 

 

1) The moment you signed on I 130 and 485 two years ago was the moment that you made legally binding contract that you fully vetted him and you decided that he is THE ONE. Whether you find post-marriage information or not, unless it is significantly malicious, it is your responsibility to take it. So just because you feel you are betrayed and cheated does not mean that the marriage is fraud. In fact, USCIS sees occasionally grumbling US citizen and views this grumbling as a real sign for good faith marriage. Because you were in love, you would be unhappy, which is a good indicator that the marriage was indeed "good faith marriage", and your husband is entitled to be a 10 year green card holder per applicable laws.

If it is real legit fraud marriage, your response would be like "Okay, whatever, and who cares"? (similar reaction that you get the scam calls every day).

So depending on how you write to USCIS, be very careful for languages if you really want to mess him up. 

 

2) So you are being held accountable for your action that you signed to invite him to USA. You have made your choice, and now you are paying your consequences, in other words. I know it might sound harsh, but every one is responsible for their own action. No body forces you to sign that I 130 and 485, but you made your own choices. If you feel like you were pressured (such as duress), then it would be different story, and you could have shown this duress for so many times in last couple of years. So no one to blame except you. 

 

3) However, this does not mean that you can't do anything. As aforementioned, you can provide a written statement to USCIS with detailed information and experiences with your husband. If it sounds credible, your husband's I 751 will likely to go into havoc and he will have to prove more rigorous evidences that the marriage was good faith. This can actually makes huge differences because although USCIS will eventually adjudicate his I 751, this means very long processing time and vetting, during which he will have to suffer uncertain futures. It can take upto 6-7 years, during which he is entitled to use I 551 stamp from local USCIS office, but this interim immigration benefits with I 551 stamp is often limited in many perspectives that this can be revoked at any times without any warning. There are so many ways that USCIS can bully him if you provide USCIS with a reasonable evidence and credible probable cause that the marriage was indeed fraud. You might be able to see some users here have to wait for 3-5 years after I 751 due to USCIS's answer "I don't know about your case, but we don't approve your case". That kind of non-sense case is most likely that their USC spouse provides USCIS with credible evidences that trigger probable causes. 

 

So if you decide that you just want to give him really tough life, please do so. No body really stops you, and you can still do. 

 

4) However, you are not judges, so when USCIS rejects his I 751 that the marriage was not good faith, and intends to remove him from USA, then the choice is up to him. Most likely, and given that he has his son living in USA, he would appeal it to the court. As you might be well aware, USA is run by check and balance, where judiciary branch reserves a right to interpret applicable laws on offenses, and executive branches bear a burden to prove that the defendant is indeed guilty. So USCIS must prove in front of judge that your husband entered the marriage for green card purposes with reasonable evidences and credible sources of information. Without it, it is just waste for tax money and eventually, he will be granted green card although I have to say this waste is not waste for you, because you are not paying all these expenses and times but by fellow citizens' tax dollars, so you can still take advantage of it, should you wish to while he has to pay his own lawyers (most likely, because it is do or die circumstances for him, he probably won't be interested in cheaper lawyers, and I believe in immigration court, no state-appointed attorney are provided). 

 

5) However, it is often not easy to prove that the marriage was fraud. Because everyone is innocent until proven guilty in the court, USCIS bears a burden to prove, but again, it is often not easy. USCIS must provide it, which often includes "money transfer" for marriage, or direct/indirect evidences that he entered the marriage for green card. In fact, yes if there is any money transfer, that would be the easiest to prove, but I don't think you have that kind of evidences. So at the end, judges will consider human emotions, for which it is very capricious and subjective that depending on who views this case, and depending on background for members of jury, it will make huge differences. However, without providing credible evidences, it is not easy to prove. 

 

6) So being all that said, you can view your case more strategically. Some say there aren't many things you as USC can do, but I don't believe it. You can actually make huge difference if you provide USCIS with a credible sources in regards to the nature of marriage. USCIS won't reject his case, but just carry it over until his patience is expired, and then reject it to the court that takes 3-5 years to final hearing. It won't guarantee that he will be deported, but with 50% chance, USCIS can bully him through prolonged processing time with extreme vetting, and his life could have been better if he just had stayed in his own country than seeking this type of adventure in USA. 

 

If this is really what you want, feel free. I would believe that at least you deserve that, but just be aware that your fire and fury might turn out more credible if your husband lawyer-up and make it your fire and fury as great evidences that the marriage was indeed legit, and you are only showing capricious emotions. 

 

That is why it is so hard to judge for USCIS in immigration through marriage unlike employment based immigration processes. 

Again best luck. 

[Calicolom 266]

15 hours ago, Bcs1 said:

A little history. He came to the US July of 2016 k1 visa we got married July 27th I was truly in love with him and he led me to believe that he was too, the reasons I now believe he only married me for gc are the following. He made excuses as to why he couldn't perform when it was time for intimacy, (he doesn't know what is wrong it never happened to him, no girl has had an issue with it why should I, maybe he needs to see a Dr or because he doesn't feel much of a man) then to his luck I fell ill and didn't need to give excuses for that, I had surgery may 2018 so then came the excuse as to why not sleep with me, (he didn't want to hurt me, months later it was the TV light bothers him, he snores and doesn't want to bother me) but all this time he showed he was loving and caring like I thought too good to be true type. come time to send his roc I started the petition in Feb 2019 which I sent, March 18 I get receipt letter he then was pushing for his sons petition which I was working on but hadn't sent because I needed a joint sponsor, he was under the impression that I sent it and all we are waiting on was permanent gc.. I started noticing him different in Feb he came telling me his wedding ring fell in sink while washing hands... Come April 18th he tells me that due to us not sleeping together we've distant ourselves therefore he started talking and seeing someone else for the last week, I come to find out it's been since Feb 2019 that he started talking to 3 women not just one ... If he wanted to be honest with me, why wait till I send the roc? That's all he did was wait for me to send the paperwork, mind you he tells me this one week before I was to have another surgery. He would also tell his son how he is sacrificing himself for him to have a better future and to wait for him (wait for him for what) ..Do I have something to fight for or will I waste my time? I really want an annulment rather than a divorce but will that have an effect? Everywhere I read it says just take it and move on... I just can't believe us as citizens don't have protection for this. 

Many US citizens think it takes to long and is a lot of trouble to bring a foreign wife or fiance into this country. Was it easy for you ?

[TBoneTX 45,364]

A noncontributory post has been removed.  Post constructively, or don't post.

[TBoneTX 45,364]

Nine off-topic/philosophizing posts have been removed.  Interpret the OP's questions narrowly and respond only to the point.

[Eric-Pris 1,606]

On 5/20/2019 at 7:59 AM, Bcs1 said:

... I just can't believe us as citizens don't have protection for this. 

What would you have said if they denied his K1 for the reason that they believe it's not a bonafide relationship?  You would have gone berserk and calling your senator and yelling how unfair it is because your relationship is real.  So if you thought it was real (and you are supposed to really know him), how can the immigration officer, who met him for 4 minutes, supposed to know better?

 

As for protection after the fact, like has been said, there is not enough resources to investigate every claim of marriage fraud.  Plus, I'm guessing that almost every USC who gets served with divorce papers at some point by an immigrant thinks that it was a scam.  The point is that people do get scammed but proving it is very hard (can't know what's in somebody's heart) and because there are lots of scorned USC's who claim fraud when the immigrant had good intentions but it didn't work out.  Unless the immigrant is dumb enough to send a text or email incriminating themselves, hearsay won't cut it.

 

But I agree there should be some changes to this 40 quarters of work rule.  First, it shouldn't be based on quarters of work history.  So if somebody is lazy and doesn't want to work, does the USC need to be responsible for life.  Marriage can be like prison sometimes, but life without parole sounds harsh.  LOL  How about for 1 year after the divorce, the affidavit of support remains effective and on the 1 year anniversary of divorce, it dies.  That was the immigrant has a year to get their life in order after the divorce.  Divorcing and being left high and dry isn't fair to somebody in a foreign country.  But a year is enough time to settle in.