@mindthegap Fraud Accusations & Divorce; Advice? [split topic]

[peacefullsoulever 9]

Hi Everyone,

 

i am in big troouble if anyone can help me please. I came to US on conditional green card in Jan 2022. i got married with USC in Jan 2021, my husband wanted me to sign the post nuptial agrement which i refuses to sign and he decided to kick me out of the house one day he threat me with immigration fraud and i called the cops and he lied to the cops that i am trying to hit him. the cops asked me to go to shelter home. after a week he served me with family offense petition and divorce documents. Please help me what should i do i dont know anyone here, i hire family lawyer with all my savings. i have court hearing next month i need to know what will happen to my conditional green card and status. do i have to leave US after the divorce or i will be given chance to fight for my truth?

 

PLEASE PLEASE PLEASE HELP ME

[OldUser 6,662]

2 hours ago, syedashah said:

Hi Everyone,

 

i am in big troouble if anyone can help me please. I came to US on conditional green card in Jan 2022. i got married with USC in Jan 2021, my husband wanted me to sign the post nuptial agrement which i refuses to sign and he decided to kick me out of the house one day he threat me with immigration fraud and i called the cops and he lied to the cops that i am trying to hit him. the cops asked me to go to shelter home. after a week he served me with family offense petition and divorce documents. Please help me what should i do i dont know anyone here, i hire family lawyer with all my savings. i have court hearing next month i need to know what will happen to my conditional green card and status. do i have to leave US after the divorce or i will be given chance to fight for my truth?

 

PLEASE PLEASE PLEASE HELP ME

Did you come on K-1 visa? How much evidence of bonafide marriage do you have?

[Timona 4,207]

Do you have your physical GC with you? If yes, you're all set and good. Let him file for divorce with his own money. When divorce is final, ask him to give you a copy. 

 

If you have the GC, none can take it away  apart from an immigration judge.

[nastra30 2,285]

Op, don't worry about your green card. He can't take it away from you because it's not up to him. All the immigration fraud thing he is threatening you with is scare tactics; don't fall for it. He might think he has the upper hand but you actually do. 

You don't have to leave the US after the divorce. When the divorce finalized file to remove conditions on your greencard with a divorce waiver and you won't need him for that. Good luck.

[peacefullsoulever 9]

Hi never opened any bank account and financial documents with me, i only have joint health insurance with him, however we have travelled together many times so i have the tickets and boarding pass for travel. He file the tax return but i am not sure he filed with my name or not. I asked him many times he never gave me anything. His behavior was always very suspicious with me he force me to get job and give him my pay check. when i refuses for everything he wants me to do he started threatening me and put false allegation case on me in family court. To be very honest i cannot live like a salve just beacuse he bring me here. That dosent mean that he can control me like a slave and force me to live my life as per his ways. I hope immigration can understand this as well how much stress, mental torture he gave me. 

 

On 10/25/2022 at 11:52 PM, OldUser said:

Did you come on K-1 visa? How much evidence of bonafide marriage do you have?

I came on CR1 visa This year Jan 22

 

[peacefullsoulever 9]

On 10/25/2022 at 11:52 PM, OldUser said:

Did you come on K-1 visa? How much evidence of bonafide marriage do you have?

The evidence i have is following:

- Pictures with his family and with my family and his friends

-wedding pictures

-reciepts for hotels we stayed

-boarding pass and tickets of our travel

-health insurance

-letters recieved on our address.

-salary slip with same address

-emergency contact at my work

-wedding cards from friends and family

-utility bill on my name with his address.

 

this is all i have.

[R&OC 371]

I am so sorry you are going through this.

 

From reading in this forum for a long time now, your conditional status is now independent of your husband as your went the CR1 route. However, for the lifting of the conditions, you need to file the I-751 two years after entering the country. Actually 90 days before your two years are up - right around October next year. This gives you plenty of time to figure out where you are heading to.

 

For one, I hope you have a separate account. If not, please open one and deposit your income into your own account. Secondly, talk to several divorce lawyers. I recently had to go through the same and with the little money I have right now, I chose to interview about seven different divorce lawyers and I learned so much! My husband and I ended up agreeing on a settlement without lawyers as he wanted the quickest and fastest way out (still not sure why but that's an entirely different story). Make appointments and talk to them. And with each consultation your questions will get more refined.

 

Last but not least, secure all important documents. Your passport, social security card, payslips, tax filings. I am pretty sure, your husband filed with your name on it - either married filing separately or married filing jointly. Also, change your address at USCIS to a trusted address elsewhere.

 

I am wishing you all the best. It is a really difficult time but you shouldn't have any issues from an immigration perspective. Make sure you are not seeing your husband without friends or trusted colleagues to avoid any further domestic violence accusations.

[peacefullsoulever 9]

6 hours ago, R&OC said:

I am so sorry you are going through this.

 

From reading in this forum for a long time now, your conditional status is now independent of your husband as your went the CR1 route. However, for the lifting of the conditions, you need to file the I-751 two years after entering the country. Actually 90 days before your two years are up - right around October next year. This gives you plenty of time to figure out where you are heading to.

 

For one, I hope you have a separate account. If not, please open one and deposit your income into your own account. Secondly, talk to several divorce lawyers. I recently had to go through the same and with the little money I have right now, I chose to interview about seven different divorce lawyers and I learned so much! My husband and I ended up agreeing on a settlement without lawyers as he wanted the quickest and fastest way out (still not sure why but that's an entirely different story). Make appointments and talk to them. And with each consultation your questions will get more refined.

 

Last but not least, secure all important documents. Your passport, social security card, payslips, tax filings. I am pretty sure, your husband filed with your name on it - either married filing separately or married filing jointly. Also, change your address at USCIS to a trusted address elsewhere.

 

I am wishing you all the best. It is a really difficult time but you shouldn't have any issues from an immigration perspective. Make sure you are not seeing your husband without friends or trusted colleagues to avoid any further domestic violence accusations.

Thank you so much for detailed answer appreciated. I have one more question is there any way i can get a copy of tax return he files with my SSN or Name as i remeber he took a picture of my GC and SSN when it arrived.

[R&OC 371]

2 hours ago, syedashah said:

Thank you so much for detailed answer appreciated. I have one more question is there any way i can get a copy of tax return he files with my SSN or Name as i remeber he took a picture of my GC and SSN when it arrived.

I believe you can sign up / register with the IRS and ask for the copies. I know it’s possible, I just haven’t had to do it myself and I am entirely unfamiliar with how to get copies. Maybe someone else will chime in.