FALSE IMMIGRATION FRAUD REPORT

[kline19 102]

3 minutes ago, Charmycole said:

Wow this is worrisome, what did you do. I’m super scared now

I am very sorry to read about this terrible ordeal you have been going through. I would suggest to hire a good attorney to formalize your response to USCIS and to deal with the potential criminal behavior by your ex. 

 

Given what you have explained and the documentation you have - it looks like that you will be fine in the ROC divorce waiver process. But you want to be absolutely prepared for all eventualities so I think you need a good lawyer. 

[NYCruiser 423]

20 hours ago, Charmycole said:

Guys please I need your advice. My ex husband sent letter to immigration and submitted the form online saying that I married him only for papers. He cheated on me multiple times when he deployed and slept with so many women even when he was home (including my friend) I have proof of everything and the text messages he sent to women and explicit photos. He took my green card (although now expired) because he has a right to because I got it from being married to him (his words) he also took my passport. We only filed one tax return together but I have lease in our names, letters he sent to me when he deployed, photos with his family and mine, affidavit from our friends, life insurance policy with our names as each other beneficiary, auto insurance with both our names, health insurance, birthday cards and gift receipts. I’m worried that the letter and form he submitted will affect my case and I’m really worried. Does anyone have an experience with this, I am worried sick.

There is nothing he can do. First of all, whatever country you are from (doesn't say on the profile), the Passport is the property of that country. Since he took it away, that is now a stolen passport. I would report it to the police and send a copy to that country's Embassy. The Green Card also needs a police report and a notification to USCIS.

 

Keep all those texts and file for divorce ASAP. Include that and the texts in the ROC letter and information. You will be fine.

 

Good luck

 

David

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, from ROC - as similar threads are discussed here.~~

[Charmycole 25]

29 minutes ago, NYCruiser said:

There is nothing he can do. First of all, whatever country you are from (doesn't say on the profile), the Passport is the property of that country. Since he took it away, that is now a stolen passport. I would report it to the police and send a copy to that country's Embassy. The Green Card also needs a police report and a notification to USCIS.

 

Keep all those texts and file for divorce ASAP. Include that and the texts in the ROC letter and information. You will be fine.

 

Good luck

 

David

I contacted the police but they said I don’t have proof that he stole it, so the officer said I can only say it’s lost. So sad 

11 minutes ago, Ontarkie said:

~~Moved to Effects of Major Family Changes, from ROC - as similar threads are discussed here.~~

Sorry? I don’t understand 

[Charmycole 25]

1 hour ago, kline19 said:

I am very sorry to read about this terrible ordeal you have been going through. I would suggest to hire a good attorney to formalize your response to USCIS and to deal with the potential criminal behavior by your ex. 

 

Given what you have explained and the documentation you have - it looks like that you will be fine in the ROC divorce waiver process. But you want to be absolutely prepared for all eventualities so I think you need a good lawyer. 

Thank you so much for the kind, I contacted a lawyer this morning and he advised me to wait until I hear back from USCIS. If I get an RFE Or anything else  then he will step in 

[TBoneTX 45,329]

36 minutes ago, Charmycole said:

Sorry? I don’t understand

A Moderator moved your thread from one forum to a more appropriate forum.  It's merely a housekeeping action.

[Carpe Vinum 2,327]

Maybe I missed it. Did you get a replacement Green Card? You are on the right track. Divorcing and filing with the divorce waiver is the right track. Move on with your life the best you can and be happy. Good luck on your journey.

[Villanelle 4,122]

23 hours ago, Charmycole said:

I just called the police department to make a report, it’s been over a year since he took them. I was hoping he would give them back but I guess I was wrong. I already filed with a waiver— thank you for your reply 

Are you guys divorced? 

 

You need to file for a replacement greencard. You might qualify for a fee waiver so you dont have to pay for it. In all honesty the police probably arent going to help you get your documents back. Like they told you the most they can do is ask him and advise him to give it back to you but if he says he doesnt have it- theres nothing they can do... You can sue him in small claims court for the fee you pay to get it reissued. You can file a complaint with his commanding officer. You could ask for compensation in the divorce or for him to give you your documents (unless the divorce is already final). All of those things are going to be stressful and most likely wont get your greencard back though. 

 

If you filed a waiver then USCIS should not consider anything your ex-spouse says since they are not part of your waiver petition. In rare cases the spouse can make specific allegations like what happened to mindthegap- but if they do it most likely wont cause a denial at the end if it was not true-  it will just add to your process to sort it all out with the immigration court. You should listen to the attny and try not to stress about what might happen. If something does happen then you deal with it.  

[Charmycole 25]

3 minutes ago, Villanelle said:

Are you guys divorced? 

 

You need to file for a replacement greencard. You might qualify for a fee waiver so you dont have to pay for it. In all honesty the police probably arent going to help you get your documents back. Like they told you the most they can do is ask him and advise him to give it back to you but if he says he doesnt have it- theres nothing they can do... You can sue him in small claims court for the fee you pay to get it reissued. You can file a complaint with his commanding officer. You could ask for compensation in the divorce or for him to give you your documents (unless the divorce is already final). All of those things are going to be stressful and most likely wont get your greencard back though. 

 

If you filed a waiver then USCIS should not consider anything your ex-spouse says since they are not part of your waiver petition. In rare cases the spouse can make specific allegations like what happened to mindthegap- but if they do it most likely wont cause a denial at the end if it was not true-  it will just add to your process to sort it all out with the immigration court. You should listen to the attny and try not to stress about what might happen. If something does happen then you deal with it.  

Thank you so much, we are already divorced and I filed waiver already. I waited until the divorce to file for the waiver, I’m hoping for the best. I just don’t know what i.’ll do if I get asked for an interview which is most likely (they’ll need me to have my green card) I read that I won’t be able to do the interview without it 

[Villanelle 4,122]

Once you send the i90 form (for the replacement of the greencard) they send you a NOA. You can use the NOA to get a stamp in your passport if you need it. You can use the stamp to work and travel. If you dont need a stamp you dont have to get one. For the interview if you dont have your replacement GC by then you can bring the NOA showing you applied for a replacement. You will need some type of US ID to get in to USCIS offices. Do you have a drivers license or non drivers ID? 

[Charmycole 25]

6 minutes ago, Villanelle said:

Once you send the i90 form (for the replacement of the greencard) they send you a NOA. You can use the NOA to get a stamp in your passport if you need it. You can use the stamp to work and travel. If you dont need a stamp you dont have to get one. For the interview if you dont have your replacement GC by then you can bring the NOA showing you applied for a replacement. You will need some type of US ID to get in to USCIS offices. Do you have a drivers license or non drivers ID? 

Yes I do have a drivers license but I see I have to pay for the replacement and my conditional green card is already expired. I also don’t have my passport anymore— I’m not planning on leaving the country anytime soon so I don’t really need a stamp to travel. 

[Charmycole 25]

2 hours ago, boris64 said:

Maybe I missed it. Did you get a replacement Green Card? You are on the right track. Divorcing and filing with the divorce waiver is the right track. Move on with your life the best you can and be happy. Good luck on your journey.

No I don’t not get a replacement green card, my conditional green card expired already and I’m not sure if I still need one 

[Villanelle 4,122]

Got it. So your 2yr GC has expired and you dont have it in your possession. I assume you have a copy of it that you sent with your 751 right? Technically you would use your expired GC + NOA for the 751 as proof of status for work and travel. You have no travel plans and I am assuming work is not a concern either right? When did you file for 751 ROC? It can take 1yr or more to get approved for ROC. The replacement GC can take anywhere from 3 months to 1 year to get. 

 

You are in an awkward position because technically you are suppose to have your GC in your possession and if its lost or stolen you need to apply for the replacement. However since your card is expired they are not going to reprint you a card with expired dates on it. If you needed the stamp you would want to go to the local office first and see if they will give you one based on your 751 NOA or if they want you to show them the i90 first. Im going to change my advice to NOT filing the i90 unless you need to right now. Because your card is expired and you are going through ROC- it can cause issues when you file an i90. 

 

So if you dont need a stamp for work or travel, I would just hang in there until your 751 is approved and you get the 10yr card. You may also need the stamp to renew your license. If you encounter something that you need to show your status (GC+751 NOA) you will have to obtain the 551 stamp for it. Again start at the local office, they typically need the i90 but because your card is expired they may be able to give you a stamp with out filing it - they may also require you to file the i90 and have it rejected before giving you a stamp.

 

 

[Charmycole 25]

12 minutes ago, Villanelle said:

Got it. So your 2yr GC has expired and you dont have it in your possession. I assume you have a copy of it that you sent with your 751 right? Technically you would use your expired GC + NOA for the 751 as proof of status for work and travel. You have no travel plans and I am assuming work is not a concern either right? When did you file for 751 ROC? It can take 1yr or more to get approved for ROC. The replacement GC can take anywhere from 3 months to 1 year to get. 

 

You are in an awkward position because technically you are suppose to have your GC in your possession and if its lost or stolen you need to apply for the replacement. However since your card is expired they are not going to reprint you a card with expired dates on it. If you needed the stamp you would want to go to the local office first and see if they will give you one based on your 751 NOA or if they want you to show them the i90 first. Im going to change my advice to NOT filing the i90 unless you need to right now. Because your card is expired and you are going through ROC- it can cause issues when you file an i90. 

 

So if you dont need a stamp for work or travel, I would just hang in there until your 751 is approved and you get the 10yr card. You may also need the stamp to renew your license. If you encounter something that you need to show your status (GC+751 NOA) you will have to obtain the 551 stamp for it. Again start at the local office, they typically need the i90 but because your card is expired they may be able to give you a stamp with out filing it - they may also require you to file the i90 and have it rejected before giving you a stamp.

 

 

Yes, I actually have the notice of action( didn’t know that’s what NOA means), and I had a photocopy of my green card on my phone thankfully and that was what I went with my I-751– I have a job and I’m currently in college so I’m not worried about employment right now. My drivers license doesn’t expire until September 2021– I filed for my removal of conditions January 2019 right after we divorced – I was hoping that my ex would return my documents when he stops being evil but I was wrong (my fault because I was not proactive when it happened, a part of me hoped he would come to his senses). The latest update on my case is— case has been transferred on the website  ( I called and it’s in NBC) 

[bobjennyhitched 99]

19 hours ago, mindthegap said:

CR-1 is the 2 year permanent resident status you obtain if the marriage was less than two years old.

If married for more than 2 years at the point of obtaining permanent residence you get IR-1, issued with a 10yr card, and don't have to file to remove conditions.

 

 

 

I've been married more than two years but applied for a CR1 as we were married under two years when we did. I wonder if they will change it to a 10 year...... I'm waiting on my green card currently as I emigrated about a month ago.