Another One SMH

[98obs 0]

Hello 

Here is another case of the good ol exchange between a heart and a green card. Quick run down, we started dating 11/20, we married in her country 9/21,  I filed i130 11/21, i130 approved 3/24. Her 2 year conditional GC received 5/01/24, Her entry into the US 5/01/24. Her request for divorce 5/05/24. Im not a disgruntled spouse seeking revenge, in fact Im happy to divorce. My life has been ####### over the last 2 years being married to her. I wanted to divorce her in her country but I thought things would be better once we are living together here in the US, nope I was wrong. Im all for her starting a life here in the US, but she does not want to be amicable. She is threatening me to take half of what I own and to go after me for financial support from the AOS. She is unemployed and has been her entire life which scares me. According to an old case Erler vs Erler, the beneficiary moved in with her son and was supported financially through him. On paper she has no source of income and has no reason to find a source of income. The judge ruled that the sponsor still had to pay the beneficiary the minimal poverty guideline. 

 

Ive been getting advice from people on how to protect myself. Like I said, Im not seeking revenge, just trying to protect myself. I was told to file for divorce asap, and include a clause stating events for marriage fraud and stipulation that will waive her rights to financial support from the AOS. I was told that depending on the district, the court may honor the waiver and overrule federal court in case I get sued for the AOS. I was told to submit a letter to the USCIS tip line to report a fraudulent marriage. I dont have concrete evidence like a statement or recording stating fraudulent intentions for marriage but I do have some evidence that will point in that direction. I have evidence of her maxing out her credit cards the month before her arrival. I have a video of her walking out the airport terminal unexcited and unenthusiastic. I have evidence of her stating she wanted a divorce 4 days after her arrival. She packed her bags and tried to leave my house two times, one of those times she bought a ticket to pennsylvania to stay with a male friend. I have screenshots of text messages where she laughed at getting her vaccination records stamped without actually getting any shots from a crooked clinic in her country. 

 

How do I submit evidence to the USCIS? What other precautions should I take? Should I file for divorce or an annulment? I have not taken any action yet except for submitting the letter to the top line because I want to make sure all my bases are covered and that I take the best route to protect myself.

 

Thank you for your time .

[Ontarkie 14,214]

~~Moved to Effects of Major Family Changes, from IR1/CR1 P&P- as similar threads are discussed here.~~

[TBoneTX 45,244]

1.  Hire the meanest, nastiest, most aggressive divorce lawyer who also has immigration experience.

 

2.  Take steps to protect your financial accounts (change passwords, dual verification, etc.).

 

3.  Compile your package of evidence that supports your suspicions of immigration fraud.  Submit it (in person, if possible) to an FDNS officer with USCIS, "for your information, and for whatever action you may wish to take."

 

4.  Resign yourself to the reality that you will never hear anything back from USCIS.  No one ever does.

 

5.  Finish protecting yourself legally and financially, and move on with your life with our sincere best wishes.

[Boiler 45,441]

Quote

 we married in her country 9/21,  I filed i130 11/21, i130 approved 3/24. Her 2 year conditional GC received 5/01/24

That sounds like a 10 years GC?

[98obs 0]

40 minutes ago, TBoneTX said:

1.  Hire the meanest, nastiest, most aggressive divorce lawyer who also has immigration experience.

 

2.  Take steps to protect your financial accounts (change passwords, dual verification, etc.).

 

3.  Compile your package of evidence that supports your suspicions of immigration fraud.  Submit it (in person, if possible) to an FDNS officer with USCIS, "for your information, and for whatever action you may wish to take."

 

4.  Resign yourself to the reality that you will never hear anything back from USCIS.  No one ever does.

 

5.  Finish protecting yourself legally and financially, and move on with your life with our sincere best wishes.

1.  Not yet, but will when needed

2. Check

3. Will start that right now.

4. Check

5. Check

Thank you sir

[98obs 0]

30 minutes ago, Boiler said:

That sounds like a 10 years GC?

No, because the marriage was still under 2 years before she arrived and received her green card so it’s conditional for 2 years after date of arrival.  10 year GC is if the marriage is over two years before arrival and receiving GC. I got lucky on that one.

[OldUser 6,602]

I'm sorry you had to go through this.

Few comments about evidence:

 

3 hours ago, 98obs said:

I have evidence of her maxing out her credit cards the month before her arrival.

Moving to the US is expensive. Not that everybody maxes out their cards, but maybe she was paying for things she brought to the US and medical / dental / cosmetic treatments / clothing? I don't see this as evidence of fraud. Maybe evidence of bad financial literacy? 

Edited September 24 by OldUser

[OldUser 6,602]

3 hours ago, 98obs said:

I have a video of her walking out the airport terminal unexcited and unenthusiastic.

This has low value as evidence in my opinion. Did you ever ask why she was unenthusiastic? How long was the flight? Was she flying super economy? Did she have annoying passengers the entire flight? Did she have to travel far to the airport? Was the immigration line long? Was she sad leaving her home? Was she sick, tired or on her period? Did you have an argument before she flew? There's many reasons why she could have been unexcited.

[OldUser 6,602]

3 hours ago, 98obs said:

I have evidence of her stating she wanted a divorce 4 days after her arrival.

Did you ever discuss why? People say bad things just to hurt other people...

[OldUser 6,602]

The only evidence that has any value is this in my opinion:

 

3 hours ago, 98obs said:

one of those times she bought a ticket to pennsylvania to stay with a male friend. I have screenshots of text messages where she laughed at getting her vaccination records stamped without actually getting any shots from a crooked clinic in her country. 

 

[OldUser 6,602]

Work with family lawyer and divorce ASAP. All the immigration stuff is secondary. She'll have to meet the high bar set by Removal of Conditions process. Her leaving you shortly after arrival will be a major red flag to USCIS.

[98obs 0]

22 minutes ago, OldUser said:

I'm sorry you had to go through this.

Few comments about evidence:

 

Moving to the US is expensive. Not that everybody maxes out their cards, but maybe she was paying for things she brought to the US and medical / dental / cosmetic treatments / clothing? I don't see this as evidence of fraud. Maybe evidence of bad financial literacy? 
 

She maxed them out fixing her brothers car and taking cash advances to give to her aunt.

[98obs 0]

18 minutes ago, OldUser said:

This has low value as evidence in my opinion. Did you ever ask why she was unenthusiastic? How long was the flight? Was she flying super economy? Did she have annoying passengers the entire flight? Did she have to travel far to the airport? Was the immigration line long? Was she sad leaving her home? Was she sick, tired or on her period? Did you have an argument before she flew? There's many reasons why she could have been unexcited.

Her energy was complete opposite of mine. I had flowers for her, she didn’t say thank you, just took them and put them in her cart. You have valid reasons to think otherwise but one would think that after making  trip to start a new life in a new country one would be excited or at least happy to see her husband.

[98obs 0]

22 minutes ago, OldUser said:

Did you ever discuss why? People say bad things just to hurt other people...

Yeah I did, it was because I refused to get a Costco membership and told her to conserve paper towels.

[mam521 2,056]

To @Boiler's point, if you married in September of 2021, she should have received a 10 year greencard.  If she received a 2 year, it is likely in error.  You should probably verify.