Wife came to the US and left me 3 days later

[Reconnecting Reco 24]

People here will try to discourage you from the K1 visa. Saying "Oh what about the person coming here they won't be able to work" "or just marry them what's the big deal" the big deal is for situations like this. You have to protect yourself at all cost and K1s help with that. Sorry this happened to you but you shouldn't have married until you spent more time with her in your home.

[Orangesapples 1,954]

1 hour ago, Reconnecting Reco said:

People here will try to discourage you from the K1 visa. Saying "Oh what about the person coming here they won't be able to work" "or just marry them what's the big deal" the big deal is for situations like this. You have to protect yourself at all cost and K1s help with that. Sorry this happened to you but you shouldn't have married until you spent more time with her in your home.

A K1 wouldn't have protected the OP. It might have made things even more painful for him when she leaves him after having lived together and comingled finances. 

[geowrian 22,337]

The K-1 is absolutely not free from fraud, and I would be kinda surprised if there was a meaningful difference in the rate of fraud after getting the green card. ROC is not a big deterrent honestly...it's more of a hassle than anything.

 

A K-1 beneficiary is basically SOL if the petitioner changes their mind for any reason at any point prior to approval. That can become a moral hazard for abuse (not necessarily VAWA-qualifying type of abuse, but still abuse).

[hopelifebetter201 72]

20 hours ago, Tim360 said:

I married a Brazilian girl 3 years ago, I waited for her to come here for 2 years, she kept stalling saying that she has family issues and she uploaded her papers to the NVC website when it was close to our 2 year marriage anniversary. 

she passed her interview and got her visa, arrived here one month after our 2 year anniversary, stayed here for 3 days, all of a sudden she started fighting with me and took her stuff and left.

this was 8 months ago, I was trying to find her ever since but I have no idea where she is, her green card never arrived here so she probably changed her address.

She only answers to my emails, no matter what I say she replies with something like "you are a terrible abusive person"

She told me to file for divorce and said that if I won't then she will.

What can I do? should I report her for fraud to ice? how can I do that? how can I prove that? 

I am afraid to report her because I don't want them to think that I was a part of her plan, I also don't want my parents to get into trouble because they wrote letters saying that our marriage was great. 

 

This sounds like she played on you. Sorry for you. Just forget the past and move on.

[Amadia 711]

3 hours ago, Reconnecting Reco said:

People here will try to discourage you from the K1 visa. Saying "Oh what about the person coming here they won't be able to work" "or just marry them what's the big deal" the big deal is for situations like this. You have to protect yourself at all cost and K1s help with that. Sorry this happened to you but you shouldn't have married until you spent more time with her in your home.

This made me chuckle....thanks for that

 

Anyone filing to bring an alien to any country to reside legally is never free from risk - emotional, financial or otherwise!

K1, IR1 and the like all carry heavy risks and the burden of proving legitimacy lies with the applicant. Of course, if the IO is not fully convinced then that's another hurdle but there are many factors that play a crucial role in the type of visa chosen.

You truly cannot speak on the merit of the many VJers who are veterans in the process and when members post a question, it is always open for discussion/opinions/advice/theories and varying levels of encouragement or discouragement.

[Unlockable 7,314]

10 hours ago, Reconnecting Reco said:

People here will try to discourage you from the K1 visa. Saying "Oh what about the person coming here they won't be able to work" "or just marry them what's the big deal" the big deal is for situations like this. You have to protect yourself at all cost and K1s help with that. Sorry this happened to you but you shouldn't have married until you spent more time with her in your home.

 

The K1 is just as susceptible to fraud as the spousal visa. You can do a search in this section of the forum and find plenty of examples. Below is an example of one case (and that was from a quick search). Suggesting that fraud would not happen under a K1 is highly erroneous.

 

Edited to add: Have you not seen an episode of the show 90 Day Fiance? Not saying everyone on there has had fraud but there are some famous  cases of someone obviously being used for a green card.

 

 

Edited July 30, 2020 by Unlockable

[mushroomspore 3,044]

19 hours ago, ZirZai said:

Definitely report her. I heard of a case similar to yours.The guy applied for his spouse and she entered the country receiving the 10 years green card, but unlike your lady that spent 3 days she never came to her husband and landed somewhere else receiving her 10 years green card. The guy reports her and although they cant do anything about her while she was here they did say she was flagged (or green card was) and whenever she decided to leave the country for a visit and try to come back her green card would be taken away from her and she would have to face the immigration judge and stuff. So over all a good end.

They do not flag people and their GC's based on tips from angry spouses or ex-spouses. Such investigations also take a super long time and they have to build a super strong case before they apprehend the person and bring them to court, just like with other major crime investigations run by other law enforcement agencies. They don't and can't flag people immediately after a tip like this, no matter how valid it is. Probably the only exclusion to this is suspected international criminals.

Edited July 30, 2020 by mushroomspore

[camerica 60]

On 7/29/2020 at 12:25 PM, Luckycuds said:

Or life if she chooses not to work. 

Someone I know well, who was the beneficiary, had their marriage end after only 6 months. He was worried about his immigration (he had just received the 2 yr GC. He got a lawyer for the divorce. Don't know why as they had nothing that was communal property at that point except her car and he just wanted to move on as he had been offered work in another state. Anyway, he showed the lawyer the paper which said she was financially responsible for him for 10 years. (It is in bold). The lawyer said that even though immigration stated that, they would have to go to court for that supportm and it was not a "slam dunk" that she would have to give him that financial support. He didn't bother. As well it would have cost an enormous retainer to the lawyer. So, it is not as easy as folks think it is to have the immigration 'law' followed through on.

[geowrian 22,337]

20 minutes ago, camerica said:

Someone I know well, who was the beneficiary, had their marriage end after only 6 months. He was worried about his immigration (he had just received the 2 yr GC. He got a lawyer for the divorce. Don't know why as they had nothing that was communal property at that point except her car and he just wanted to move on as he had been offered work in another state. Anyway, he showed the lawyer the paper which said she was financially responsible for him for 10 years. (It is in bold). The lawyer said that even though immigration stated that, they would have to go to court for that supportm and it was not a "slam dunk" that she would have to give him that financial support. He didn't bother. As well it would have cost an enormous retainer to the lawyer. So, it is not as easy as folks think it is to have the immigration 'law' followed through on.

There is no 10 years limit, so no idea what she showed him. There's a termination point when they can claim credit for 40 quarters of SS credits, but that assumes they work or can claim them via somebody else (like a spouse).

 

Enforcement of the minimum level of support for I-864 is something that can be a challenge in the court. Normally in that type of circumstance, they would bring it up during the divorce and just get it figured into that so actual enforcement of the I-864 is never really needed.

But it absolutely can be and has been enforced, and having to go for court for enforcement permits recovery of attorney fees to do so. So if somebody were to refuse, it would probably end up costing them a lot more in the end and get the same result.

[camerica 60]

49 minutes ago, geowrian said:

There is no 10 years limit, so no idea what she showed him. There's a termination point when they can claim credit for 40 quarters of SS credits, but that assumes they work or can claim them via somebody else (like a spouse).

 

It is in bold in the paperwork that is given to the petitioner He did not tell me about it. He showed it to me. I saw it. It did say for. I am confused as to who you are referring to: "no idea what she showed him"?  Also, the lawyer did tell him that yes, they would have to go to court for this, and thus, the hefty retainer, if he wanted to go ahead. 

[Villanelle 4,122]

5 minutes ago, camerica said:

It is in bold in the paperwork that is given to the petitioner He did not tell me about it. He showed it to me. I saw it. It did say for. I am confused as to who you are referring to: "no idea what she showed him"?  Also, the lawyer did tell him that yes, they would have to go to court for this, and thus, the hefty retainer, if he wanted to go ahead. 

You are misunderstanding. This is the 864 form- https://www.uscis.gov/sites/default/files/document/forms/i-864-pc.pdf As you can see no where on it does it have any wording of '10 years'. Not in bold, not in normal font. It states 40q of SS credits which can take 10 years. Regardless the 864 is a federal document. In some places local courts will use it in the divorce. In those cases no, its not a slam dunk and yes, you may be required to pay your attny. If the local court considers it they can consider it in any way they want. Ive seen local courts order different things based on it. Recently there was someone posting their local court ordered 2 years of support due to it. Previously someone posted their local court ordered 10 years because of it. 

 

BUT- the 864 can be enforced in federal court 100% with no issues and the other side would need to pay the fees. So an immigrant who is covered under an 864 can bring the matter into their divorce proceedings if they wish or they can pursue it separately in federal court. Depending where you are different federal courts take different approaches to it. Some have taken the position that the immigrant doesnt need to seek employment, others require they do. There are plenty of attnys you can find on google willing to take on a case for suing under the 864. If his 864 is still in effect and he is low income he can look into it.

[Boiler 45,558]

The problem with the I 864 for most people is the amount required by way of support is very low and one of the basic tenets is that you need to show you have sought to mitigate your loss.

 

So for a example a single employable beneficiary would find it extremely difficult to support such an action, and of course Lawyers are not cheap and want their cut.

 

I certainly could come up with a scenario where it would be worth having a go, how common that would be I do not know.

 

 

[JaEnglishGirl 34]

9 hours ago, camerica said:

It is in bold in the paperwork that is given to the petitioner He did not tell me about it. He showed it to me. I saw it. It did say for. I am confused as to who you are referring to: "no idea what she showed him"?  Also, the lawyer did tell him that yes, they would have to go to court for this, and thus, the hefty retainer, if he wanted to go ahead. 

I'd LOVE to see what you claim you saw...

[Wee-moon-ah 3]

On 7/29/2020 at 12:31 PM, Tim360 said:

Yes it would make me feel better because she used me and she should not be here, if they call me when she applies for citizenship i will for sure tell them that she scammed me 

Heck yeh I agree. I’m in the process of a divorce and I wanna make sure she doesn’t step foot here.