Marriage Fraud Question

[brandzig 7]

I married my husband soon to be 3 years ago. He and I filed an immigration petition, and it was approved for expedite but he had entered USA due to an emergency on a tourist visa last year as we lost a child. Now we just had a baby, but he did not come to the delivery despite having a tourist visa and ticket. I came to find out he was actually here in another state living with another woman and working on the tourist visa under the table. He came two days prior to our child's delivery and never told me. His family had been lying to me saying he was asleep in his bed. He has not been in contact with me whatsoever. Is there anything I can do about him being here living with another woman? I want to also withdraw my I-130 but will it be too late due to being married for close to three years? I need to also know what to do because he is in another state, and I need temporary child support but have no idea how to get his address. I found out he entered USA by a friend of his, so I checked his I-94 and was so saddened that he was in USA with another woman while I was giving birth to his first child, and we had lost two children last year. Is this immigration fraud and what can I do about it?

[PaulaCJohnny 713]

Sorry for your situation.

 

I don’t understand the I-130 situation. Does he have the IR1 visa? Did you applied for an AOS? 
How is the Status of the I-130?

 

For your other questions related with child support you need to find a lawyer. This is not an immigration question.

 

File for divorce and protect yourself and your kid.

 

Be save

[Family 3,988]

Holy Mack! He is a Slippery One. Doubt you can count on him or his family for much support with your child…

You can write a withdrawal of I-864 support  / marriage no longer viable letter to USCIS/ NVC / DOS and CBP  ( Embassy in his home country, Customs and Border Patrol) …( attach a copy of the I-130 receipt and you seem to know his passport/I-94 info…

He may have decided to stay here…and there is not much you can do about that other than withdraw your I-864 and file for divorce 

Edited November 10, 2022 by Family

[Family 3,988]

What country is he from? 
Seems he entered on visa waiver..

[nastra30 2,287]

I assume that only the I-130 petition has been approved? If so just withdraw the petition. But if he has completed NVC process/waiting for Consular Interview or doing adjustment of status, then withdraw both the petition and affidavit of support.

 

So clarify the situation with the I-130 so we can provide you targeted specific answers.

 

Another note, just divorce him and move on and enjoy your life. 

 

[brandzig 7]

1 hour ago, nastra30 said:

I assume that only the I-130 petition has been approved? If so just withdraw the petition. But if he has completed NVC process/waiting for Consular Interview or doing adjustment of status, then withdraw both the petition and affidavit of support.

 

So clarify the situation with the I-130 so we can provide you targeted specific answers.

 

Another note, just divorce him and move on and enjoy your life. 

 

The status says Ready online at the US Embassy. He is from Pakistan. He had a scheduled interview but was here on an emergency tourist visa. Then he later went back during my pregnancy (early on). He decided to re-enter on the same tourist visa so he can work here under the table. He does not have work authorization on the B2 visa. I just found out this week that he was here two days before my baby was born by scheduled cesarean section. So, he entered pretending to be coming to me and then he went off to another state with another woman. I do not think it is really fair to me that I gave him 6 years of my life and then he had been cheating on me the entire time with this lady. I think his sole intent to marry me was to enter into the USA.

[nastra30 2,287]

3 minutes ago, brandzig said:

The status says Ready online at the US Embassy. He is from Pakistan. He had a scheduled interview but was here on an emergency tourist visa. Then he later went back during my pregnancy (early on). He decided to re-enter on the same tourist visa so he can work here under the table. He does not have work authorization on the B2 visa. I just found out this week that he was here two days before my baby was born by scheduled cesarean section. So, he entered pretending to be coming to me and then he went off to another state with another woman. I do not think it is really fair to me that I gave him 6 years of my life and then he had been cheating on me the entire time with this lady. I think his sole intent to marry me was to enter into the USA.

So it seems he hasn't interviewed yet so do as@Familyhas suggested above to withdraw I-864, and do it now. And obviously, if he decides to adjust in the US through you, don't play along.

[brandzig 7]

7 minutes ago, nastra30 said:

So it seems he hasn't interviewed yet so do as@Familyhas suggested above to withdraw I-864, and do it now. And obviously, if he decides to adjust in the US through you, don't play along.

Yes, the interview was supposed to be rescheduled but was not. I emailed the Senator, and they told the USCIS that I intend to withdraw. I did this prior to his entry, and he rushed here on the visa. I think he has no intent to return to his country and will live here until I divorce him and remarry to use this woman, he is cheating on me with. He told me he is allowed to have 4 wives, so he does not need my permission. So, the last contact I had with him was in September and he texted me asking for $2000 (he already had a ticket so he did not need it) to come to the baby delivery. But I did not send him, so he went to the other woman. I will proceed to sending the formal letter as directed. I just was hoping he could be sent back home for doing this to me. Afterall, he left me stranded with a newborn baby and has made no contact at all. Thank you for your replies. 

Edited November 10, 2022 by brandzig

[belinda63 3,038]

First do as previously discussed and formally and in writing withdraw your petition and I-864. That way he cannot get a green card based on being married to you.

 

File for child support with the local office and provide all the information you have. They won't be able to do anything since he does not have a social security number or a way to find him but the filing will be on the record so if he is located they can get him for all the back child support. No paternity test will be required since you were legally married at the time of the birth.

 

After that there is nothing for you to do. As long as he is legally married to you he cannot adjust status by marriage to another woman. Pakistan law may say he can have four wives but US law says you can only have one and USCIS knows he is married to you and he will have to show a divorce certificate to marry someone else and get a visa or adjust status in the US. 

[brandzig 7]

Hello. So, it seems as though holding off on the divorce would be useful until I get everything together to withdraw the I-130. I am planning on going to the local office if possible. Is that something still available to do? If not, I am going to send the letter off. I already sent emails to the embassy and other useful branches of the government. I will just try to withdraw, file for a temporary child support order, temporary custody if possible, and maybe a restraining order as he is unsafe. 

[Boiler 45,513]

Seems the immigration aspect has been attended to from your perspective.

 

If he wants to marry and adjust through his GF then yes he will need to divorce you first.

[Boiler 45,513]

20 minutes ago, brandzig said:

Hello. So, it seems as though holding off on the divorce would be useful until I get everything together to withdraw the I-130. I am planning on going to the local office if possible. Is that something still available to do? If not, I am going to send the letter off. I already sent emails to the embassy and other useful branches of the government. I will just try to withdraw, file for a temporary child support order, temporary custody if possible, and maybe a restraining order as he is unsafe. 

Divorce will take time and I can think of no benefit to you in delaying.

[brandzig 7]

6 minutes ago, Boiler said:

Divorce will take time and I can think of no benefit to you in delaying.

Ok, then. I will visit a lawyer tomorrow. I have an appointment already.

[JeanneAdil 6,505]

divorce him and let what happens be his problems

 

go after him for child support listing the fact that he is working (address and all info u may have on him)  that alone will trigger working on tourist visa and ICE

 

he can marry another but u don't have to comply with sending him copy of the divorce papers

let him pay for them himself

 

Adjusting on tourist visa if he marries another woman?   he's going to find immigration will look at all his visa application background and that is his problem

 

the best for u to do is divorce,  take care of yourself and this child and put him in your past / he's not your future/  Thank God

[brandzig 7]

4 hours ago, belinda63 said:

First do as previously discussed and formally and in writing withdraw your petition and I-864. That way he cannot get a green card based on being married to you.

 

File for child support with the local office and provide all the information you have. They won't be able to do anything since he does not have a social security number or a way to find him but the filing will be on the record so if he is located they can get him for all the back child support. No paternity test will be required since you were legally married at the time of the birth.

 

After that there is nothing for you to do. As long as he is legally married to you he cannot adjust status by marriage to another woman. Pakistan law may say he can have four wives but US law says you can only have one and USCIS knows he is married to you and he will have to show a divorce certificate to marry someone else and get a visa or adjust status in the US. 

 

Will take your advice. Just wish he had been a reasonable man and at least came to see our child. But you are right I have to let go as he is not my future.