Cheating After AOS K1 Approv

[Marieke H 2,498]

7 minutes ago, Mike E said:

 

OP just needs to sit tight for a couple years. 

Or OP can file for divorce, move on with her life, and try to find happiness instead of spending years plotting her revenge. 

She'll have to accept that she is financially responsible for him, which is a consequence of a conscious decision she made when she petitioned for him.

[Kowatti 189]

3 hours ago, Mike E said:

Sorry this is happening.  It is understandable that you feel taken advantage of and it is unfortunate that immigration law allows these premeditated abuses.  Based on the well informed replies you are getting, it would appear the  I-751 process that was put in place to cure such abuses is mostly toothless.  
 

From your timeline the IO in his AOS  interview seemed suspicious. Apparently she smelled smoke where there was fire.  
 

Let’s run through your options. 

 

From the instructions for removal of conditions (I-751)

 

1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires.
 

So whatever you do, don’t file jointly.  
 

2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

 

So unless he manages to divorce you and file before he is removed from the USA, your failure to file the I-751 will cause him to be removed.  However you now have the problem of being married to a spouse that lives outside the USA. If you can force a divorce after he leaves the USA then this would be an interesting scenario for you.  

 

3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status two years from the date on which you were granted conditional status. You will then become removable from the United States.
SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.
 

I’ve no idea if your unwillingness to file the I-751 jointly would be considered “no fault of” his “own”.  
 

Personally if it were me, I would not want the mess of a spouse I did not want in my life still married to me in a foreign country.

 

I was confused by the suggestion that you can withdraw the I-864.   Since the green card is in production based on your timeline, AOS has been approved, and so I think you are stuck with this financial burden  
 

So I would not want to be stuck with this burden either. 

 

So I would divorce, but not so fast and no so slow.   And so I would get legal advice from family law and immigration attorneys in order to achieve the trifecta legally and in full compliance with federal and state law:

 

* Divorce

 

* No financial burden to support an alien ex-spouse under immigration law 

 

* Removal of the ex-spouse from USA. 

Thank you so very much.  You provided me with much valuable information.  He also abuses me mentally since he was approved.  He screams & calls me names on a daily basis.  Inside the house, he feels comfortable chatting with his girlfriend on apps.  He thinks there is nothing I can do because he now has his conditional green card.  Again, I appreciate the time you took to help me.

[geowrian 22,337]

The petitioner can make things harder with timings, delaying the divorce, etc. But the end result will be the same. If they don't want to leave, they'll get through ROC unless they don't actually have evidence of a bona fide marriage.

[Kowatti 189]

1 hour ago, geowrian said:

The petitioner can make things harder with timings, delaying the divorce, etc. But the end result will be the same. If they don't want to leave, they'll get through ROC unless they don't actually have evidence of a bona fide marriage.

There will not be much evidence for a bonafide marriage at the end of 2 years.  I have decided to get a legal separation & wait it out for the divorce.  I will be leaving him in 7 weeks.

[geowrian 22,337]

4 minutes ago, Kowatti said:

There will not be much evidence for a bonafide marriage at the end of 2 years.  I have decided to get a legal separation & wait it out for the divorce.  I will be leaving him in 7 weeks.

There was enough evidence to get the K-1 visa, of which you helped provide.

There was enough evidence to get AOS approved, of which you helped provide.

They only need to show that they entered into the marriage in good faith. Around 97% of I-751s are initially approved. Taking into account people who are initially denied and then refile, or it goes all the way to an immigration judge (this will take years), you're likely talking decently under 1% ultimately being denied and having PR status revoked.

Whether it is dragged out or happens quickly is not factor in the end result.

[Kowatti 189]

18 minutes ago, geowrian said:

There was enough evidence to get the K-1 visa, of which you helped provide.

There was enough evidence to get AOS approved, of which you helped provide.

They only need to show that they entered into the marriage in good faith. Around 97% of I-751s are initially approved. Taking into account people who are initially denied and then refile, or it goes all the way to an immigration judge (this will take years), you're likely talking decently under 1% ultimately being denied and having PR status revoked.

Whether it is dragged out or happens quickly is not factor in the end result.

Thank you for your input.  At some point, I know that I will need to talk to an attorney.