On the beginning of a divorce on a conditional green card

[surlate 0]

So I'm not a saint: I held an affair with another person while I was with my usc spouse. They found out and now are threatening with deportation: they also stole a bunch of my IDs including my SSN card, emptied our joint bank accounts (where I get my direct deposits from work) sent explicit photographs of me to my family members (then deleted; revenge porn) all while I was sleeping, to then abandon our home, and are refusing communication. I suspect they intend to annull the marriage on the basis of fraud: I contest this, we've known each other for close of 20 years and been in a relationship for 5, been married two years. We lived together had joint accounts the whole shebang.

 

What are my options? I'm already lawyer shopping. Thanks.

Edited December 14, 2023 by surlate

[Ontarkie 14,324]

~~MOved to Effects of Major Family CHanges, from ROC - as similar threads are discussed here.~~

[OldUser 7,010]

33 minutes ago, surlate said:

So I'm not a saint: I held an affair with another person while I was with my usc spouse.

Not the smartest thing to do.

33 minutes ago, surlate said:

They found out and now are threatening with deportation: they also stole a bunch of my IDs including my SSN card, emptied our joint bank accounts (where I get my direct deposits from work) sent explicit photographs of me to my family members (then deleted; revenge porn) all while I was sleeping, to then abandon our home, and are refusing communication.

Though understandable, it's also not the smartest thing by USC. You can file a police report about your IDs.

 

33 minutes ago, surlate said:

I suspect they intend to annull the marriage on the basis of fraud: I contest this, we've known each other for close of 20 years and been in a relationship for 5, been married two years. We lived together had joint accounts the whole shebang.

 

Annulment is unlikely. If USC says it was fraud, then they participated in it by filing and signing AOS forms. Most likely it's going to be a divorce.

 

33 minutes ago, surlate said:

What are my options? I'm already lawyer shopping. Thanks.

You have just one viable option: divorce and remove conditions on your own, with help of a lawyer perhaps.

 

Your immigration journey just became more challenging. As much as I sympathize with USC (nobody deserves to be cheated upon), they don't have the right to your IDs and they don't get to decide whether you stay in the US or not.

 

Notice me leaving out the money part. AFAIK the money in joint account is joint and can be spent by any of you without any penalty.

 

I guess it's also time to start contributing money into your own account and move out.

 

 

 

 

Edited December 14, 2023 by OldUser

[surlate 0]

30 minutes ago, OldUser said:

Not the smartest thing to do.

Though understandable, it's also not the smartest thing by USC. You can file a police report about your IDs.

 

 

Annulment is unlikely. If USC says it was fraud, then they participated in it by filing and signing AOS forms. Most likely it's going to be a divorce.

 

You have just one viable option: divorce and remove conditions on your own, with help of a lawyer perhaps.

 

Your immigration journey just became more challenging. As much as I sympathize with USC (nobody deserves to be cheated upon), they don't have the right to your IDs and they don't get to decide whether you stay in the US or not.

 

Notice me leaving out the money part. AFAIK the money in joint account is joint and can be spent by any of you without any penalty.

 

I guess it's also time to start contributing money into your own account and move out.

 

 

 

 

Thank you for your reply. I agree it wasn't the smartest thing to do but oh well. I've read somewhere that if spouse refuses to divorce or annuls the marriage, my timeline could run out and I'd be put in removal procedures? I don't want to file a police report but they haven't answered any of my texts, and I have no idea of where they are staying. 

 

 

[SalishSea 17,980]

37 minutes ago, surlate said:

Thank you for your reply. I agree it wasn't the smartest thing to do but oh well. I've read somewhere that if spouse refuses to divorce or annuls the marriage, my timeline could run out and I'd be put in removal procedures? I don't want to file a police report but they haven't answered any of my texts, and I have no idea of where they are staying. 

 

 

It is possible to remove conditions with a divorce waiver, but you'd need to get going on that divorce.  You can divorce, even if your spouse refuses to participate in the process.

 

Annulments in the United States are rare.

 

You will still need to provide ample evidence of a good faith marriage - knowing someone for 20 years is not enough.  Focus on the financial/life commingling evidence.

[OldUser 7,010]

1 hour ago, surlate said:

I've read somewhere that if spouse refuses to divorce or annuls the marriage, my timeline could run out and I'd be put in removal procedures.

If you were married for few years, there's very very tiny chance of annulment. It's hard to pull off, especially if your spouse is not a big public figure with expensive lawyers.

 

Yes, you can end up in removal proceedings, that's right. This is why you need to divorce asap and file I-751 on your own when eligible (90 days window opens or divorce finalized, whichever earlier).

 

 

Edited December 14, 2023 by OldUser

[mindthegap 2,590]

18 hours ago, surlate said:

So I'm not a saint: I held an affair with another person while I was with my usc spouse.

 

It happens. That is life. Learn from it. 

 

18 hours ago, surlate said:

They found out and now are threatening with deportation:

 

Not their decision. They don't own you, and it doesn't work that way. 

 

18 hours ago, surlate said:

 they also stole a bunch of my IDs including my SSN card, emptied our joint bank accounts (where I get my direct deposits from work) sent explicit photographs of me to my family members (then deleted; revenge porn) all while I was sleeping,

 

Call the cops and file a report. Not only because it's illegal, and for your safety, but also for your upcoming USCIS issues. Get everything documented from this point on.

Committing multiple felonies isn't cool, kids. 

 

18 hours ago, surlate said:

 I suspect they intend to annull the marriage on the basis of fraud

 

Not going to happen....I mean, how stupid are people that they think they can do this? Unless they are dumb enough to claim they knew it was fraud (in which case they are admitting to a felony).

It'll be a divorce.

 

18 hours ago, surlate said:

What are my options? 

 

Firstly, relax. 

Despite your spouse's threats, you won't be instantly deported. You are a lawful permanent resident and have rights. For your permanent resident status to be stripped, is a very long process right now....involving several stages, with long wait times for each. You have rights in law, that are absolute. You are on step 0 of about 347 at this time. 

Secondly, protect yourself. Report his thefts to the cops. Get away from him (or get him away from you). Protect yourself first and foremost.

Thirdly, if divorce is going to happen, then get on with it. No point dragging that out, especially in these circumstances. 

Fourthly, gather documents. Anything and everything that has a shred of stuff that you were together - for the entirety of your relationship, but especially since you were married and gained your conditional status. Bank statements, mail addressed to your both, bills, copies of IDs showing same address, cards addressed to you both, junk mail. Everything and anything that demonstrates a link.

Doesn't matter how insignificant it may seem, just grab it all, copy it, and keep it safe, in case they decide to mess with that stuff. 

 

 

Divorce is not a reason for I-751 denial. Doesn't matter that you had an affair, it is still not a reason for denial.

You can file an I-751 by yourself, at any time, once you are divorced (or close to it) so get on with getting that divorce sorted.  As a divorce waiver filing, they are not involved in that.

Sure, they can make things difficult - as someone on the receiving end of a lying, unfaithful, bitter and mentally unstable spouse who then told lies to USCIS to try to get me deported I can absolutely attest to that - but stick with it. 

 

You aren't an amazon package they can simply return if things don't work out. 

 

 

 

 

When does your conditional card expire? Let's start there. 

 

 

 

 

 

 

 

Edited December 14, 2023 by mindthegap

[Crazy Cat 41,985]

18 hours ago, surlate said:

So I'm not a saint: I held an affair with another person while I was with my usc spouse. They found out and now are threatening with deportation: they also stole a bunch of my IDs including my SSN card, emptied our joint bank accounts (where I get my direct deposits from work) sent explicit photographs of me to my family members (then deleted; revenge porn) all while I was sleeping, to then abandon our home, and are refusing communication. I suspect they intend to annull the marriage on the basis of fraud: I contest this, we've known each other for close of 20 years and been in a relationship for 5, been married two years. We lived together had joint accounts the whole shebang.

 

What are my options? I'm already lawyer shopping. Thanks.

I would prepare myself for a couple of expensive legal battles.  

Edited December 14, 2023 by Crazy Cat

[Mobius2 48]

Late to this thread but unfortunately this is going to be the Achille's heel of your immigration journey.

 

USCIS operates with an assumption that every marriage-based case is a fraud and it's the petitioner's job to prove them wrong. This just gave them all the ammunition needed to verify their assumption.

 

All I can say is good luck but I also feel for USC. As you have already heard many times, it was not a good thing to do (morally and immigration-wise) but then again there are no saints. Life is strange.

 

Edited January 20 by Mobius2