Divorce & Removal of Conditions. HELP!!!

[VictoriaS208 178]

Hello, I need immediate help!!!

 

I petitioned my husband coming from K1 Visa, filed AOS, and now have submited I751 Removal of Conditions.

 

The 2 years of marriage have passed. After I submitted the Removal of Conditions package, my husband left me. He would degrade me, cause me emotional stress, and I suffered constant abuse. One time I had to slap him to get away from him.

 

He left and abandoned me and is threatening me that he will use the incident when I slapped him so immigration can protect him and say I was the one abusing him as USC. I always knew he didnt love me, he never wanted to have kids or buy a house together. He would always insult me and would push his forefinger onto my head and yell at me that I was crazy. I always had a feeling he was cheating and using me for the greencard.

 

I filed for divorce and he is worried that it will affect his greencard, so he said he is getting an attorney and will say I a used him and he suffered abused just for greencard purposes. He just got served today with the summons and im worried.

 

Can immigration see this as fraud or will they question if the permanent resident needs protection and is eligible for a greencard even though I have filed for divorce before his 10 year greencard have been approved. 

 

He has blackmailed me saying he will cause me to.loose my job because I the assault of slapping him. This happened more than 1 year or 2 ago, but he said he will use it against me to hurt me.

 

 

Help!!!

Edited July 16, 2019 by mgsanch509

[Georgia16 2,858]

He can get the 10 year green card with a divorce waiver alone.

 

He can file with abuse waiver but it takes a lot of good evidence not just him saying it happened.

 

 

my thoughts for you is to never be alone with him again so he can't accuse you of anything other then that you really can't do anything about his status.

Edited July 16, 2019 by Georgia16

[VictoriaS208 178]

11 minutes ago, Georgia16 said:

He can get the 10 year green card with a divorce waiver alone.

 

He can file with abuse waiver but it takes a lot of good evidence not just him saying it happened.

 

 

my thoughts for you is to never be alone with him again so he can't accuse you of anything other then that you really can't do anything about his status.

Thank you so much!!!! Crossing my fingers!

[geowrian 22,338]

An abuse waiver means he has to show abuse + that he entered the marriage in good faith.

A divorce waiver means he has to show that he is divorced + that he entered the marriage in good faith.

 

Unless he is claiming abuse as a reason for not having typical evidences of a bona fide marriage, it seems unwise for him to pursue the abuse angle. Showing that you are divorced is quite straightforward...

Edited July 16, 2019 by geowrian

[Going through 5,671]

42 minutes ago, mgsanch509 said:

Can immigration see this as fraud or will they question if the permanent resident needs protection and is eligible for a greencard even though I have filed for divorce before his 10 year greencard have been approved. 

Not sure where the fraud would be, from what you've said thus far.  You earlier mentioned thoughts of his cheating, however cheating doesn't equate a fraudulent marriage. Yes, LPRs are awarded protection under the law---in other words, they cannot just throw him out of the country/move to revoke his LPR status without him receiving his due process first.  

 

He cannot be denied solely based on the fact that you filed for divorce, either.  If that were the case, then the whole "divorce waiver process" wouldn't even exist.

 

Immigration-wise, he can file for the ROC on  his own (with a divorce waiver, and proving he entered the marriage with bonafide intent---USCIS won't care why the marriage broke down later on) without your consent/approval/participation.  If he wishes to later on become a citizen after successfully getting past the ROC stage, he can do so.  Presumably the lawyer (if an immigration lawyer) will advise him that filing the ROC with a divorce waiver is much easier than filing with an abuse waiver, and a straightforward process.

 

It's good that you've filed for divorce so you can both  move on from a toxic relationship.

[VictoriaS208 178]

5 minutes ago, Going through said:

Not sure where the fraud would be, from what you've said thus far.  You earlier mentioned thoughts of his cheating, however cheating doesn't equate a fraudulent marriage. Yes, LPRs are awarded protection under the law---in other words, they cannot just throw him out of the country/move to revoke his LPR status without him receiving his due process first.  

 

He cannot be denied solely based on the fact that you filed for divorce, either.  If that were the case, then the whole "divorce waiver process" wouldn't even exist.

 

Immigration-wise, he can file for the ROC on  his own (with a divorce waiver, and proving he entered the marriage with bonafide intent---USCIS won't care why the marriage broke down later on) without your consent/approval/participation.  If he wishes to later on become a citizen after successfully getting past the ROC stage, he can do so.  Presumably the lawyer (if an immigration lawyer) will advise him that filing the ROC with a divorce waiver is much easier than filing with an abuse waiver, and a straightforward process.

 

It's good that you've filed for divorce so you can both  move on from a toxic relationship.

Well when I first met him it was online, he first sentence was where I was from and if I had papers aka greencard, or if I was born in the USA. I had msjs about this but I cant find it.

 

He never gave me a wedding ring, he never wanted to have kids with me, we didnt have a wedding night either. He told me if I wanted to get intimate with him, I should bought protection so he gave his back to me on our wedding night!!! He wasnt affectionate. He refused to.buy a home together. I would see msjs from him and his family saying he didnt love me. So I always thought he was with me because the greencard. So he was, because the moment I files ROC he left me. 

 

But how do I proove this, its definitely a sham marriage and he entered the relationship with his intent to use me and not have a serious relationship with me. This is visa fraud, he never loved me. 

[geowrian 22,338]

1 minute ago, mgsanch509 said:

But how do I proove this

You don't. it's entirely his case now, not yours.

 

If you had documented evidence of fraud (nothing you noted jumps out as something they would consider), you can report it to ICE. They may or (most likely) will not review it...they see former spouses want to do this all the time.

Best thing to do was to file for divorce. next best thing is to move on.

[Duke & Marie 1,389]

Looking at your timeline, you’ve only been married 2 years and 2 month.. if he abandoned you right after filing for removal of conditions you can’t have been seperated any longer than 4 or 5 weeks and that’s if you filed at exactly 2 years... 

 

id say everything is still very raw and emotional particularly with summons for divorce having already been issued..

 

it may be best for you to stop for a moment, reflect on what’s happened and take a deep breath before you start thinking about immigration and placing unsubstantiated accusations of abuse online... that doesn’t mean I believe or don’t believe you... it just means take a step back 

[Going through 5,671]

5 hours ago, mgsanch509 said:

He never gave me a wedding ring, he never wanted to have kids with me, we didnt have a wedding night either. He told me if I wanted to get intimate with him, I should bought protection so he gave his back to me on our wedding night!!! He wasnt affectionate. He refused to.buy a home together.

While he sounds like somewhat of a jerk, what you've described in more a crummy marriage----not really signs of greencard fraud.  On an aside, I never got an engagement ring until my 10th wedding anniversary, we didn't have a wedding night/honeymoon, my husband initially didn't want a child during the first years of our marriage (simply wasn't ready financially), and he didn't want to buy a home (due to not wanting to enter into a mortgage at his age)..we live in an apartment. 

 

I'm not saying this to make light of your feelings/outlook---just only to say that what you've mentioned above doesn't mean he married you just for a green card.

 

5 hours ago, mgsanch509 said:

I would see msjs from him and his family saying he didnt love me. So I always thought he was with me because the greencard. So he was, because the moment I files ROC he left me. 

I'm not sure what the timeline is from when you hit him to when he left....and obviously at that time emotions must have been running very high...but, honestly, he had every right to leave the marital home if you hit him as you say you did...just as you would have had every right to leave him should he have put his hands on you.  

 

5 hours ago, mgsanch509 said:

But how do I proove this, its definitely a sham marriage and he entered the relationship with his intent to use me and not have a serious relationship with me. This is visa fraud, he never loved me. 

Without any concrete evidence of fraud on his part, there's nothing you can prove.  Accusations/intuition/gut feeling/personal statement etc. is not going to be enough to make USCIS look into anything---they are going to want documented evidence.  Text messages of him saying he doesn't love you is not going to be enough, either.

 

Something else to think about:  If you'd married an American citizen, and then later filed for divorce from him---you wouldn't be thinking "well, he needs to leave the country".  I understand you're angry in part, and perhaps even feeling a bit vengeful (which is normal when you feel hurt by what someone's done)....but he does have a right to remain in the US and continue his immigration journey so long as he entered the marriage with bonafide intent, and can prove it.  Right now, it presumably much easier for him to prove that, as opposed to you trying to prove fraudulent intent.

 

Keep this in mind:

 

With the K1 filing, you had to send tons of evidence to prove it was a valid relationship. 

With the AOS you had to send even MORE evidence to prove it was a valid marriage. 

With the ROC, more evidence was sent to prove the continuing bonafide marriage.

How would you now be able to turn about-face and claim everything sent before was a "lie" without actual evidence?

 

I can feel your frustration, and I can feel your pain coming through your posts.  I'm very sorry that your marriage has now broken down, and I hope with time and distance from the situation you're able to begin to mend yourself and move on to someone who's your true Mr. Right----he's out there, somewhere, and this experience will serve to make you a much stronger person in the end when you do finally find him.

Edited July 16, 2019 by Going through

[VictoriaS208 178]

4 hours ago, Going through said:

While he sounds like somewhat of a jerk, what you've described in more a crummy marriage----not really signs of greencard fraud.  On an aside, I never got an engagement ring until my 10th wedding anniversary, we didn't have a wedding night/honeymoon, my husband initially didn't want a child during the first years of our marriage (simply wasn't ready financially), and he didn't want to buy a home (due to not wanting to enter into a mortgage at his age)..we live in an apartment. 

 

I'm not saying this to make light of your feelings/outlook---just only to say that what you've mentioned above doesn't mean he married you just for a green card.

 

I'm not sure what the timeline is from when you hit him to when he left....and obviously at that time emotions must have been running very high...but, honestly, he had every right to leave the marital home if you hit him as you say you did...just as you would have had every right to leave him should he have put his hands on you.  

 

Without any concrete evidence of fraud on his part, there's nothing you can prove.  Accusations/intuition/gut feeling/personal statement etc. is not going to be enough to make USCIS look into anything---they are going to want documented evidence.  Text messages of him saying he doesn't love you is not going to be enough, either.

 

Something else to think about:  If you'd married an American citizen, and then later filed for divorce from him---you wouldn't be thinking "well, he needs to leave the country".  I understand you're angry in part, and perhaps even feeling a bit vengeful (which is normal when you feel hurt by what someone's done)....but he does have a right to remain in the US and continue his immigration journey so long as he entered the marriage with bonafide intent, and can prove it.  Right now, it presumably much easier for him to prove that, as opposed to you trying to prove fraudulent intent.

 

Keep this in mind:

 

With the K1 filing, you had to send tons of evidence to prove it was a valid relationship. 

With the AOS you had to send even MORE evidence to prove it was a valid marriage. 

With the ROC, more evidence was sent to prove the continuing bonafide marriage.

How would you now be able to turn about-face and claim everything sent before was a "lie" without actual evidence?

 

I can feel your frustration, and I can feel your pain coming through your posts.  I'm very sorry that your marriage has now broken down, and I hope with time and distance from the situation you're able to begin to mend yourself and move on to someone who's your true Mr. Right----he's out there, somewhere, and this experience will serve to make you a much stronger person in the end when you do finally find him.

Wow thank you for taking your time to respond to everything. I really appreciate your insight and advice you have provided. I will keep everything in mind, thank you so much. God bless!

[Cathi 5,783]

4 hours ago, Going through said:

Keep this in mind:

 

With the K1 filing, you had to send tons of evidence to prove it was a valid relationship. 

With the AOS you had to send even MORE evidence to prove it was a valid marriage. 

With the ROC, more evidence was sent to prove the continuing bonafide marriage.

How would you now be able to turn about-face and claim everything sent before was a "lie" without actual evidence?

 

I can feel your frustration, and I can feel your pain coming through your posts.  I'm very sorry that your marriage has now broken down, and I hope with time and distance from the situation you're able to begin to mend yourself and move on to someone who's your true Mr. Right----he's out there, somewhere, and this experience will serve to make you a much stronger person in the end when you do finally find him.

Everything here. ^^^^^^^

[JeanneAdil 6,610]

you should also understand that marriage fraud is not a victimless crime

and ICE says this

 

Penalties An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

 

If you knew from the beginning he was just wanting the green card and not to be with you,  you helped him in a marriage fraud

 

https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

 

everyone thinking of marriage to a foreigner should read this site and the Department of State warnings for marriage to anyone outside the USA

know what you are getting into and responsible for