Is my situation worth trying to withdraw sponsorship?

[JoshintheDesert 11]

First things first, my green card (2 year conditional at the moment) holding wife cheated on me repeatedly and we are now separated. I am not "one of those guys" trying to be spiteful by attempting to get her deported. I've read through the threads here and understand that cheating alone is not grounds for me to remove my sponsorship of her. I have seen that the advice in most cases is just divorce and move on. What I would like to know is if written evidence (data dump from a social media app) where my wife said "I'm only staying with him until I'm a citizen and as soon as I get my citizenship I can leave so we can be together openly" is enough to say she did not enter the marriage in good faith/committed immigration fraud? Though she did not meet the other guy until a few years into our marriage, is this enough for USCIS to prove that she was secretly looking for another option from day one? Im am wondering if it is worth me sending a letter to USCIS to withdraw my sponsorship of her. Here's a brief overview of where things stand:

 

1. We married in 2/2020

2. She met the other guy and started affair in 4/2023 

3. Filed for removal of conditions on her 2 year green card in  9/2023

4. We have been separated since 1/2024

 

I needed time to let the dust settle and comprehend all that happened and decide how to move forward. Should I send USCIS the letter and see what happens? Or should I not waste the time and just move on straight to filing divorce? Thank you all in advance for any advice you can offer. 

[belinda63 3,039]

You cannot remove sponsorship once the green card has been issued.

[Ontarkie 14,304]

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

[JoshintheDesert 11]

4 minutes ago, belinda63 said:

You cannot remove sponsorship once the green card has been issued.

Thank for the reply. Is it worth my time to at least write a letter to USCIS explaining what happened and let them decide from there if they'll act on it?

[Dashinka 24,635]

1 hour ago, JoshintheDesert said:

Thank for the reply. Is it worth my time to at least write a letter to USCIS explaining what happened and let them decide from there if they'll act on it?

If you have concrete evidence you can always contact ICE with it.  The email address is in the disclaimer at the bottom of the VJ page.

[JoshintheDesert 11]

17 minutes ago, Dashinka said:

If you have concrete evidence you can always contact ICE with it.  The email address is in the disclaimer at the bottom of the VJ page.

Thank you for the suggestion! I will try that. 

[OldUser 6,976]

2 hours ago, JoshintheDesert said:

Thank for the reply. Is it worth my time to at least write a letter to USCIS explaining what happened and let them decide from there if they'll act on it?

Can you prove this account really belongs to her and it wasn't hacked by somebody else (including those wishing her to be deported)? Can you prove this evidence wasn't fabricated?

 

She'll have to prove the marriage was real to get I-751 approved. You can certainly give the lead to USCIS if you have solid evidence.

Edited September 3 by OldUser

[OldUser 6,976]

P.S you should not waste time and file for divorce regardless of notifying USCIS. Remember, a lot of the debts etc she could be accumulating you may be liable for. Especially if you live in state such as California. Imagine she takes a loan tomorrow or maxes out credit cards.

 

There's no reason to be legally married if marriage is dead.

Edited September 3 by OldUser

[JoshintheDesert 11]

2 minutes ago, OldUser said:

Can you prove this account really belongs to her and it wasn't hacked by somebody else (including those wishing her to be deported)? Can you prove this evidence wasn't fabricated?

 

She'll have to prove the marriage was real to get I-751 approved. You can certainly give the lead to USCIS if you have solid evidence.

Thank you for the reply! Well yes, I believe I can prove it. Though she admits to all of this activity. And it is on more than one account. Though the main account that I did the data dump also contains pictures and videos of explicit things they sent back in forth (Her face is clearly visible and matches her government IDs) 

[JoshintheDesert 11]

6 minutes ago, OldUser said:

P.S you should not waste time and file for divorce regardless of notifying USCIS. Remember, a lot of the debts etc she could be accumulating you may be liable for. Especially if you live in state such as California. Imagine she takes a loan tomorrow or maxes out credit cards.

 

There's no reason to be legally married if marriage is dead.

Thank you again for your input. I will get the ball rolling on divorce. The only reason why I've been waiting is my assumption that her already being held liable for marriage fraud/deported would make the divorce process go smooth/easy and pretty much impossible for her to fight me for assets. 

[OldUser 6,976]

9 minutes ago, JoshintheDesert said:

Thank you again for your input. I will get the ball rolling on divorce. The only reason why I've been waiting is my assumption that her already being held liable for marriage fraud/deported would make the divorce process go smooth/easy and pretty much impossible for her to fight me for assets. 

Immigration and divorce are not that intertwined. I believe she can still fight you for assets despite her immigration status and presence in the US.

[JoshintheDesert 11]

9 minutes ago, OldUser said:

Immigration and divorce are not that intertwined. I believe she can still fight you for assets despite her immigration status and presence in the US.

Ouch, I was afraid that may be the case. I guess the only scenario that would be a slam dunk would be if she had already been departed by the time I start the divorce process. In my state if I can demonstrate that a spouse cannot/will not be served there is a mechanism to proceed as if she is not contesting the terms. Maybe that is the best I can hope for in a bad situation. 

Edited September 3 by JoshintheDesert

[OldUser 6,976]

9 minutes ago, JoshintheDesert said:

Ouch, I was afraid that may be the case. I guess the only scenario that would be a slam dunk would be if she had already been departed by the time I start the divorce process. In my state if I can demonstrate that a spouse cannot/will not be served there is a mechanism to proceed as if she is not contesting the terms. Maybe that is the best I can hope for in a bad situation. 

My outsider opinion only, but you're trying to make it more difficult than it is. There's a lot of "ifs" in your plan. Simply divorcing ASAP may be the most optimal plan.

 

Her moving out shortly after filing joint I-751 doesn't make it a strong case for her approval to begin with.

 

Your divorcing her promptly is another strike.

Edited September 3 by OldUser

[OldUser 6,976]

This thought just crossed my mind after re-reading the thread...

 

@JoshintheDesert if you knew she started affair in April 2023, why did you sign I-751 in September 2023 stating marriage is bonafide?

 

If you bring this to USCIS, they may (small chance) not only accuse her of fraud, but you participating in it. It's relatively rare but possible to get serious penalties for that too.

 

This only supports my opinion to get divorced ASAP and get away from this messy situation.

 

At least I wouldn't drag it.

 

Edited September 3 by OldUser

[JoshintheDesert 11]

12 minutes ago, OldUser said:

My outsider opinion only, but you're trying to make it more difficult than it is. There's a lot of "ifs" in your plan. Simply divorcing ASAP may be the most optimal plan.

 

Her moving out shortly after filing joint I-751 doesn't make it a strong case for her approval to begin with.

 

Your divorcing her promptly is another strike.

Yes, I hear you and agree. The best move forward seems to be divorce regardless of what USCIS does.