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Posted

I'm seeking advice. 

 

Soon to be ex, was previously permanently barred for willful misrepresentation (working under the table) & overstating visa.

 

I applied for waiver of inadmissibility for extreme hardship

 

He gets it, enters the US with permanent GC & files for divorce 10 days after leaving and changing address, seeking spousal support

 

In total we lived together overseas 60 days.

 

Any advice on where to report (other than site) will be appreciated 

 

Thank you

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
3 minutes ago, Lemontree said:

Interestingly the consulate that interviewed him asked for proof since he last lived together & the lawyer used the waiver as a proof. 

 

There was a suspicion on their part

 

In his divorce he claimed I used him for his money

Unfortunately, they didn't have enough suspicion to deny the Green card.  You said he received a permanent GC.  How long have you been married? 

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
6 minutes ago, Lucky Cat said:

Unfortunately, they didn't have enough suspicion to deny the Green card.  You said he received a permanent GC.  How long have you been married? 

His waiver took 3 yrs to get & we were apart the entire time him living abroad.  Me in the US studying & taking care of elderly parents (extreme hardship grounds) 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
3 minutes ago, Lemontree said:

His waiver took 3 yrs to get & we were apart the entire time him living abroad.  Me in the US studying & taking care of elderly parents (extreme hardship grounds) 

The length of your marriage is not in your favor.   I think it is in your best interest that he gains US citizenship as soon as possible.  Good luck.  Seek happiness.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
3 minutes ago, JFH said:

You have two separate issues here. The divorce is one thing and immigration is another. One is more in your control than the other. 
 

Get a good divorce lawyer to help you with protecting your assets and to guide you through the process of getting divorced from him as easily and quickly as you can. Whatever his reasons for filing for divorce, whether they are true or not, has nothing to do with his immigration status. That’s for the divorce judge to rule on. Good luck with that part. 
 

I know you think the embassy was suspicious but obviously they were not suspicious enough to deny his immigrant visa application. You were obviously convinced this was the real deal in that you moved overseas to be with him and spent many months and a few thousand dollars to get him here. You provided evidence that the marriage was genuine so you must have had something with him. At one point he was everything you wanted. 
 

Relationships fail. People change. People turn out to be not who you thought they were. But now that he has a permanent green card there’s nothing you can do. You don’t own or control his immigration status. The best you can hope for now is that he works and supports himself and that he becomes a USC as soon as possible so that you are not sued by the government under the terms of the I-864.

Unfortunately that's the main issue. 

 

He's working under the table and wants me to support him. It's been 2 yrs now. 

 

Funny enough, he withdrew his case after a few months & refuses to appear after being served by me. 

 

Default judgments are suspended in my state due to covid restrictions 

 

I'm in limbo. 

 

Also,  relationships fail, I totally agree, but not within 10 days of entry. 

Posted
2 minutes ago, Lucky Cat said:

The length of your marriage is not in your favor.   I think it is in your best interest that he gains US citizenship as soon as possible.  Good luck.  Seek happiness.

Another problem... he is an EU citizen & explicitly said he won't apply for US citizenship

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

 

Just now, Lemontree said:

Another problem... he is an EU citizen & explicitly said he won't apply for US citizenship

That is a BIG problem, since the I-864 you signed can obligate you for many decades.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
Just now, Lucky Cat said:

 

That is a BIG problem, since the I-864 you signed can obligate you for many decades.

1100%!

 

He did allude to it.

 

It's the same scenario he admitted to when he was deported for lying he was working without authorization (I have the signed and finger printed removal order with the minutes of that interview from the border control) 

 

 

Posted
3 minutes ago, Lucky Cat said:

 

That is a BIG problem, since the I-864 you signed can obligate you for many decades.

All I'm seeking is to know how I can protect myself. Maybe I'm overlooking something. 

 

Family law doesn't cover immigration nuances :(

 

Hence, I'm brain storming. 

 

however, I must mention he's also a citizen of a developing country known for fraudulent activities (one citizen even had his US citizenship revoked after many years due to immigration fraud) 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
19 minutes ago, Lemontree said:

All I'm seeking is to know how I can protect myself. Maybe I'm overlooking something. 

 

Family law doesn't cover immigration nuances :(

 

Hence, I'm brain storming. 

 

however, I must mention he's also a citizen of a developing country known for fraudulent activities (one citizen even had his US citizenship revoked after many years due to immigration fraud) 

In my opinion, you can best protect yourself through a good divorce attorney as @JFH said.  Try to get a divorce decree asap.  The immigration matter is another subject completely.  Unless you have solid proof of intentional immigration fraud, you are, likely, wasting your time...imho.  You are legally bound by the I-864.  He has a 10 year Green Card, thus, no real exposure to USCIS for a long time.

Unfortunately, we see cases like this from time to time.  I don't recall anyone who has been successful at proving fraud (although, it doesn't mean that none were successful).

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
3 minutes ago, Lucky Cat said:

In my opinion, you can best protect yourself through a good divorce attorney.  Try to get a divorce decree asap.  The immigration matter is another subject completely.  Unless you have solid proof of intentional immigration fraud, you are, likely, wasting your time...imho.  He has a 10 year Green Card, thus, no real exposure to USCIS for a long time.

It's been a year of no response from him. Judge can't enforce default order due to executive restrictions

Filed: K-1 Visa Country: Wales
Timeline
Posted

If you have been married more than 3 years he has a 10 year Green Card.

 

Nothing for you to report, assuming he is changing his address that would be on him.

 

You are still responsible under the terms of the I 864.

 

Otherwise this is a Divorce issue not an Immigration issue.

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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