Possible deportation?

[JeanneAdil 6,491]

your partner went to a lot of work to prove your visa

if the person now claims to immigration it was "a sham" or  not bona fida, he is also liable 

 

What is the penalty for sham marriage for green card?

no one can just get  a married spouse sent back by reporting them

 

 

Both the US citizen and the immigrant involved can face prosecution. Immigrants convicted of marriage fraud may be imprisoned for up to five years, fined up to $250,000, and face deportation. US citizens involved in fraudulent marriages may also face fines, jail time, and potential deportation.Jun 15, 2023

[OldUser 6,633]

57 minutes ago, Skip2019 said:

I only just read about filing the AR-11. I move into an apartment on Sunday.

Ok, file it after you move.

[beloved_dingo 1,976]

Regardless of the breakdown of the marriage and the reasons for it, it seems that the relationship (and marriage) existed long before U.S. immigration came into play. Your partner would have a hard time convincing anyone that you played an 8 year con just to defraud him to get to the U.S. 

 

The advice you've been given is solid. Sure, your ex can make a complaint, but without any actual evidence, it won't matter. It's a common threat from spurned exes. 

 

Have the divorce papers been submitted to the court/judge? I would lean towards promptly converting your existing petition to a divorce waiver, if the final decree will be entered within ~4 months or so. 

[Tanambera 84]

I don’t know why people are telling you that you should withdraw your first application. You don’t have to!

If your divorce is finalized, all you need is to send a copy of the decree to USCIS  with a letter asking for your application to be converted to a waiver.

There is a bunch of similar cases in the forum.

[Boiler 45,467]

I do have any strong views on the subject, I can see that it is cleaner to file a fresh case.

[OldUser 6,633]

44 minutes ago, IF-Mclean said:

I don’t know why people are telling you that you should withdraw your first application. You don’t have to!

If your divorce is finalized, all you need is to send a copy of the decree to USCIS  with a letter asking for your application to be converted to a waiver.

There is a bunch of similar cases in the forum.

It can be done both ways. If original I-751 is dragging and it's messy, e.g. thin evidence, ex withdrawing from it, etc, some suggest starting with a clean slate by refiling.

 

USCIS screw up straightforward cases occasionally, not to mention complicated case involving divorce. I don't have a strong opinion on that, just explaining the reasoning.

 

 

Edited November 22, 2023 by OldUser

[Cathi 5,746]

He can get the biggest and best immigration lawyers known to man, and you will still not lose your green card. You had to prove a bonafide relationship/marriage in order to come here and just because you've strayed, does not mean your relationship with him was not real. He'll just be wasting time, and lots of money, trying to have you deported..

[SteveInBostonI130 3,434]

5 hours ago, Skip2019 said:

Hi all,

 

Me and my partner met in Europe in 2015, we were together for just over 8 years, married for 5. We got married in Europe and we filled out the documents to bring me into the US. Now, over the last 2 years I'd say things have gone very south but we still kept trying to fight for this to work... living with his in-laws did us no favors Now, I strayed and developed another relationship with another man. Caught red handed and I will 100% say it was my fault but I just don't love him anymore and I know deep down he feels the same, he now has spoken with an immigration Lawyer and the Lawyer has stated that he can make a complaint to USCIS and try to have me deported. This was never about a green card as we traveled the world together, lived in different countries, had so many fond memories but we just want different things in life now, he was going off to study and wants to move to Europe, I'm quite happy building a career here and I would like to develop a family. My file has been pending for nearly 1 year. When I spoke with an Immigration Attorney he stated that I have a very strong case to remain here as I did enter the marriage in good faith. We filed our taxes together, we had a joint bank account back in France, but not in the US as we wanted to keep our funds separate. We just signed the divorce papers today, what do I do next? I believe, I have to wait for the divorce decree? 

 

5 hours ago, Skip2019 said:

 

Hi,

 

Yes the I-751 has been pending since December 2022,

We sent the photos, affidavits from her family and our friends stating our marriage was genuine etc.

The divorce was just signed today. How can USCIS find out whether our marriage wasn't bonafide?

 

Yes a 10 year GC, removing conditions.

 

Hi.  The timeline doesn't seem to match.   You were married for 5 years.  And you filed for ROC in Dec 2022.  That means you were married for 4 years when you filed the I-751?  4 - 2 = 2: you had a conditional GC when you were married for 2 years?

 

How did you enter the US?  With a CR1 visa, or did you enter as a tourist and then adjust status?  It would be helpful if you can share your immigration dates, vs the marriage date.  I have a suspicion that you should have received a 10 yr GC but was given a 2 yr GC by mistake.

 

Regardless, either your husband is lying to you about getting you deported or the lawyer is taking him for a ride.  The only thing he can do is send a complaint to USCIS.  If he accuses you of fraud he will have to provide evidence, vs the evidence you both submitted of a bona fide relationship when applying for the CR1 or AOS and the ROC.  In fact, the threat he made of "deporting you" can probably used against him in divorce court.  He is on the hook of providing you support via I-864, which is also something a divorce lawyer can use.  It is his best interest to get an amicable divorce.  If it was him asking for advice, I would suggest that he works out the divorce terms as quickly as possible and make a clean break. 

 

 

[Tanambera 84]

1 hour ago, OldUser said:

It can be done both ways. If original I-751 is dragging and it's messy, e.g. thin evidence, ex withdrawing from it, etc, some suggest starting with a clean slate by refiling.

 

USCIS screw up straightforward cases occasionally, not to mention complicated case involving divorce. I don't have a strong opinion on that, just explaining the reasoning.

 

 

I see what you mean.

However dragging I-751 is not an exception and from what was described the submitted evidences of  bonafide relationship were strong. Moreover it seems that she is currently in a hostile environment so I wouldn’t expect her to be able to get any documents from her ex or her in-laws. 
 

While cheating is not perceived positively, it’s a society judgement that has nothing to do with immigration. Apparently, they were together and grew apart. In my opinion there is nothing to worry about.
I’m glad that she knows that she has two options; asking a waiver being one of them. Hopefully she choose what works best for her. Good luck! 

[igoyougoduke 1,656]

dont see any issues in your case. just make sure to file all paper work correctly

change address with usics asap by filing AR-11

 

 

[OldUser 6,633]

10 minutes ago, igoyougoduke said:

dont see any issues in your case. just make sure to file all paper work correctly

change address with usics asap by filing AR-11

 

 

OP hasn't even moved yet

 

 

[mindthegap 2,590]

On 11/21/2023 at 5:24 PM, beloved_dingo said:

Sure, your ex can make a complaint, but without any actual evidence, it won't matter. It's a common threat from spurned exes. 

 

 

And yet here I am approaching year 9 of I-751 hell, and my ex spouse had zero evidence of what they said in their allegation either - there was zero evidence as it was a complete fabrication from their twisted mind.

I on the other hand, have specifically refuted this with evidence, and USCIS do not want to know, or care. 

 

Rest assured, a properly motivated bitter/psychotic spouse can make things extremely difficult and expensive for the immigrant.