Suspected of marriage fraud, gave back my green card. Can I ever come back?

[Mariano305 1]

Good morning I was wondering if anyone can give me any advice or their opinion on this matter...

 

I moved to the US  in 2008 and married a US citizen in 2010. I got the 2 year green card in 2012 and filed for removal of conditions 2 years later. By then my spouse and I were separated, she was seeing someone else (we were not living together any more) and I made the mistake to ask for removal of conditions as if we were still married. While my request was being processed, on a early morning of 2014, I hear someone banging on my door.

To my surprise I found 2 immigration officers on my front door. I let them in and they questioned me, asking random questions. My spouse of course was not here  which made everything look pretty bad.... Later on that day I went to see my lawyer who told me to file for divorce and file for removals of conditions again under the waiver...

He warned me though that it would be a difficult road.... 2 years went on and I had no news from immigration. My ex spouse though, told me that immigration (Homeland security investigations) contacted our former landlors and even called her mom and the father of her current boyfriend asking questions about our former marriage. Eventually I had a job opportunity in Europe and the stress from the situation was too much to handle (I would barely sleep) and I decided to leave the US.

I gave back my green card and my lawyer removed my request to remove the conditions on my green card and the case was closed.

 

4 years have went by and I must admit that I miss the US and would love to go back there. Would it ever be possible for me to get approved for a visa? I was never charged with marriage fraud even though they had strong suspicion, and I left before the case went any further...

 

Thanks to anyone who can give me some advice I really appreciate it.

 

[SalishSea 17,829]

2 hours ago, Mariano305 said:

Good morning I was wondering if anyone can give me any advice or their opinion on this matter...

 

I moved to the US  in 2008 and married a US citizen in 2010. I got the 2 year green card in 2012 and filed for removal of conditions 2 years later. By then my spouse and I were separated, she was seeing someone else (we were not living together any more) and I made the mistake to ask for removal of conditions as if we were still married. While my request was being processed, on a early morning of 2014, I hear someone banging on my door.

To my surprise I found 2 immigration officers on my front door. I let them in and they questioned me, asking random questions. My spouse of course was not here  which made everything look pretty bad.... Later on that day I went to see my lawyer who told me to file for divorce and file for removals of conditions again under the waiver...

He warned me though that it would be a difficult road.... 2 years went on and I had no news from immigration. My ex spouse though, told me that immigration (Homeland security investigations) contacted our former landlors and even called her mom and the father of her current boyfriend asking questions about our former marriage. Eventually I had a job opportunity in Europe and the stress from the situation was too much to handle (I would barely sleep) and I decided to leave the US.

I gave back my green card and my lawyer removed my request to remove the conditions on my green card and the case was closed.

 

4 years have went by and I must admit that I miss the US and would love to go back there. Would it ever be possible for me to get approved for a visa? I was never charged with marriage fraud even though they had strong suspicion, and I left before the case went any further...

 

Thanks to anyone who can give me some advice I really appreciate it.

 

Do you mean to visit?   Or to immigrate?

[Mariano305 1]

46 minutes ago, Jorgedig said:

Do you mean to visit?   Or to immigrate?

Hopefully as an immigrant! I was thinking through an investor’s visa!

[payxibka 10,045]

57 minutes ago, Mariano305 said:

Hopefully as an immigrant! I was thinking through an investor’s visa!

Totally different set of criteria to qualify. 

[Boiler 45,488]

How did you move to the US in 2008?

 

You are looking at an EB5 Investment Visa?

[Mariano305 1]

23 minutes ago, Boiler said:

How did you move to the US in 2008?

 

You are looking at an EB5 Investment Visa?

Hi Boiler,

 

I moved on an H3 intern visa, I was a kid out of college at the time. My visa exprired and I remaided in the US (I was out of status for about 6 months when I got married). Yes I was thinking about the EB5.

 

Thank you

[Boiler 45,488]

Well an EB5 is a major financial commitment so not something you would contemplate without legal guidance. And this potentially complicates matters and something to be discussed.

[bakphx1 789]

It sounds like you weren’t in removal proceedings and no actual accusation was made.  So I don’t think there’s an automatic ban.  Whether or not they would take the notes from the other visa into consideration for a non-marriage based visa is something people could only speculate on.

[aaron2020 11,651]

Your chances of immigrating to the US after being suspected of immigration fraud is low.  Probably zero.  

[JFH 12,190]

You don't know for certain that the authorities actually contacted your former landlord and your ex spouse's boyfriend's father...that's just hearsay from your (potentially very bitter) ex spouse. It wouldn't be the first time that a spiteful former spouse has made claims of 'reporting to immigration' or 'immigration are looking for you' as an act of revenge. If any foul play had been suspected you very likely would have heard about it in the 2 years that you were waiting to hear from USCIS after the second ROC filing. Of course the lawyer told you it was going to be a long, hard road. He has to justify the fees he was charging you!

 

The visit where questions were asked...well, that's not good but it appears that nothing further came of it as you didn't receive a notice to appear or any further negative action following that and you were here for at least another 2 years after that.

 

It doesn't look good. But were you actually officially accused of marriage fraud or is that just your interpretation of the situation based on the hearsay from your former spouse and the words of the money-hungry lawyer?

[SalishSea 17,829]

The fact that he got an unannounced visit from USCIS would show that they suspected something was not legit about the marriage, regardless of having been tipped off.

[Mariano305 1]

14 hours ago, Jorgedig said:

The fact that he got an unannounced visit from USCIS would show that they suspected something was not legit about the marriage, regardless of having been tipped off.

Yes. I actually got a copy of my records from immigration and there is a copy of ICE's notes from when they visited my home. ICE says there are no conclusive findings of fraud and that USCIS should conduct a separate interview. But they also state that I gave false testimony and incredible testimony about the bona fide of my marriage.