Suspected Green Card Fraud

[JeffAtl 16]

I married my wife almost 3 years ago.  She has a conditional Green Card and I am divorcing her.  She is attempting to take my house from me and has lied in court.  I'm planning to write a letter to USCIS and was wondering if anyone else has been through this.  I want her investigated now that it has become clear that she was using me and didn't love me.  Just hoping someone can give me some good advice here.

[Crazy Cat 41,814]

***Moved to Effects of Major Family Changes on Immigration Benefits***

[JeanneAdil 6,489]

Divorce and move on

let a good divorce attorney handle your issues

 

you did a lot to prove relationship was real for K1 and then married so immigration (they see this a lot)  will allow her to use divorce waiver to ROC and stay in USA

 

also understand that both parties are subject to the following according to ICE

 

https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

 

Penalties An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

[Crazy Cat 41,814]

22 minutes ago, JeffAtl said:

I want her investigated now that it has become clear that she was using me and didn't love me.

Protect yourself physically and financially with a good attorney.  As far as immigration is concerned, It might be in your best interest for her to obtain US citizenship as soon as possible.  Good luck.

Edited May 3 by Crazy Cat

[JeffAtl 16]

6 minutes ago, JeanneAdil said:

Divorce and move on

let a good divorce attorney handle your issues

 

you did a lot to prove relationship was real for K1 and then married so immigration (they see this a lot)  will allow her to use divorce waiver to ROC and stay in USA

 

also understand that both parties are subject to the following according to ICE

 

https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

 

Penalties An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

I’m curious what an American’s motivation would be for marriage fraud? I had to pay for her and provide all kinds of information as you said.  Why would I go to all that trouble if I didn’t want to marry someone?

[Crazy Cat 41,814]

5 minutes ago, JeffAtl said:

I’m curious what an American’s motivation would be for marriage fraud?

$$  Money.  

Edited May 3 by Crazy Cat

[JeffAtl 16]

2 minutes ago, Crazy Cat said:

$$  Money.  

She has none and I supported her this entire time.  Helped her get a job and she never helped with the bills.  No proof of money motivation for me.

[Crazy Cat 41,814]

Just now, JeffAtl said:

She has none and I supported her this entire time.  Helped her get a job and she never helped with the bills.  No proof of money motivation for me.

I see.  I was speaking in general terms (that there are people who paid the US spouse to get a Green card).  

[OldUser 6,614]

10 minutes ago, JeffAtl said:

She has none and I supported her this entire time.  Helped her get a job and she never helped with the bills.  No proof of money motivation for me.

I'm sorry the marriage did not work out. Good family lawyer would help defending your property and ensuring divorce goes smoothly.

 

Do you have any solid proof she only used you for immigration benefit? If not, forget about the whole thing. If yes, are you ready to be investigated yourself as part of this process?

 

Marriages between US citizens fall apart every day. Sadly, marriages between immigrants and US citizens fall apart every day too, they're not much different.

 

Good luck.

[JeanneAdil 6,489]

29 minutes ago, JeffAtl said:

I’m curious what an American’s motivation would be for marriage fraud? I had to pay for her and provide all kinds of information as you said.  Why would I go to all that trouble if I didn’t want to marry someone?

it does happen 

 

https://www.justice.gov/archives/jm/criminal-resource-manual-1948-marriage-fraud-8-usc-1325c-and-18-usc-1546

 

 the U.S. citizen is paid to marry the alien in order to entitle the alien to obtain status as a permanent resident of the United States; the parties do not intend to live together as man and wife. A legal issue arises where the parties tell the INS they are married, and they subjectively believe they are telling the truth because they have complied with state marriage requirements. 

 

There have been situations where a bona fide marriage turns sour but the alien induces the U.S. citizen spouse to maintain the marriage as a ruse only as long as necessary for the alien to obtain status as a permanent resident alien. There is a line of cases holding that the viability of the marriage, if initially valid, is not a proper concern of the INS. United States v. Qaisi, 779 F.2d 346 (6th Cir. 1985); Dabaghian v. Civilleti, 607 F.2d 868 (9th Cir. 1979), and cases cited therein. However, the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. §  1186a, were designed, inter alia, to eliminate the Qaisi type loophole by establishing a two-year conditional status for alien spouses seeking permanent resident status, and requiring that an actual family unit still remain in existence at the end of the two year period.

[JeffAtl 16]

1 minute ago, JeanneAdil said:

it does happen 

 

https://www.justice.gov/archives/jm/criminal-resource-manual-1948-marriage-fraud-8-usc-1325c-and-18-usc-1546

 

 the U.S. citizen is paid to marry the alien in order to entitle the alien to obtain status as a permanent resident of the United States; the parties do not intend to live together as man and wife. A legal issue arises where the parties tell the INS they are married, and they subjectively believe they are telling the truth because they have complied with state marriage requirements. 

 

There have been situations where a bona fide marriage turns sour but the alien induces the U.S. citizen spouse to maintain the marriage as a ruse only as long as necessary for the alien to obtain status as a permanent resident alien. There is a line of cases holding that the viability of the marriage, if initially valid, is not a proper concern of the INS. United States v. Qaisi, 779 F.2d 346 (6th Cir. 1985); Dabaghian v. Civilleti, 607 F.2d 868 (9th Cir. 1979), and cases cited therein. However, the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. §  1186a, were designed, inter alia, to eliminate the Qaisi type loophole by establishing a two-year conditional status for alien spouses seeking permanent resident status, and requiring that an actual family unit still remain in existence at the end of the two year period.

Ok, that type of thing wouldn’t be a risk for me.  Seems the responses on here say it’s not worth it to pursue which is disappointing.  I assume her having a permanent green card benefits me from the standpoint of not being responsible for her, but an immigration attorney advised that the government has never pursued that.  The attorney offered to help me write the letter to USCIS, but advised it would be better with some sort of proof, which may come from discovery.  If I was investigated, I’m very confident there’s no way they could say I was dishonest.  

[SalishSea 17,809]

1 hour ago, JeffAtl said:

I married my wife almost 3 years ago.  She has a conditional Green Card and I am divorcing her.  She is attempting to take my house from me and has lied in court.  I'm planning to write a letter to USCIS and was wondering if anyone else has been through this.  I want her investigated now that it has become clear that she was using me and didn't love me.  Just hoping someone can give me some good advice here.

A messy divorce doesn't equate to GC fraud.  Obviously you previously provided evidence of a bonafide marriage.  

 

See the issue there?

 

[SalishSea 17,809]

15 minutes ago, JeffAtl said:

Ok, that type of thing wouldn’t be a risk for me.  Seems the responses on here say it’s not worth it to pursue which is disappointing.  I assume her having a permanent green card benefits me from the standpoint of not being responsible for her, but an immigration attorney advised that the government has never pursued that.  The attorney offered to help me write the letter to USCIS, but advised it would be better with some sort of proof, which may come from discovery.  If I was investigated, I’m very confident there’s no way they could say I was dishonest.  

Your best bet for relieving your I-864 contract with the US govt, as mentioned above, is for her to become a USC.

[JeanneAdil 6,489]

25 minutes ago, JeffAtl said:

Ok, that type of thing wouldn’t be a risk for me.  Seems the responses on here say it’s not worth it to pursue which is disappointing.  I assume her having a permanent green card benefits me from the standpoint of not being responsible for her, but an immigration attorney advised that the government has never pursued that.  The attorney offered to help me write the letter to USCIS, but advised it would be better with some sort of proof, which may come from discovery.  If I was investigated, I’m very confident there’s no way they could say I was dishonest.  

sorry for what u r going thru

 

Maybe not but alien bene's have according to the I 864 u signed for her to get green card following poverty guidelines

Get a good divorce attorney

 

it will be up to her to ROC with divorce waiver and later naturalize under 5  year rule

 

one case was Villars v. Villars

 

In Villars v. Villars, the Supreme Court of Alaska addressed another aspect of calculating the requisite support level.^[55] In a spousal maintenance order, the sponsor had been ordered to support his beneficiary wife—who resided with her daughter—based on Poverty Guidelines for a two-person household in Alaska.^[56] The annually-published Guidelines are identical for the contiguous 48 states, but higher for the states of Alaska and Hawaii.^[57] When the beneficiary later alleged the sponsor had fallen behind with his support obligations, a trial was held.^[58]

On appeal, the Supreme Court held that the trial judge had appropriately calculated the required level of support based upon the state where the beneficiary resided (California) rather than where the original support order entered (Alaska).^[59] While the Immigration and Nationality Act (INA) does not expressly set forth this approach,^[60] the court reasoned it was consistent with the statutory purpose of ensuring financial support for the beneficiary without providing her a windfall, as would have been the case were she to have continued collecting support at the heightened level for Alaska.^[61]

[TBoneTX 45,260]

Find an engaged divorce attorney who's intense and will fight for you.

If Oklahoma is a community-property state, you'll take a hit.

Forget the immigration aspect except to encourage her to naturalize.

It's crucial now to protect yourself financially, and physically if necessary.

Keep the faith.