divorce K-1 Visa, USA Petitioner / Sponsor - Divorce Questions

[MichaelBerry 1]

My wife arrived in USA with a K Visa in December of 2021.  We married in January of 2022.

 

I learned that she is unfaithful by many men in January of 2025 with messages from the relationships dating back to September of 2022.

 

I have decided we will divorce as she has been unfaithful, deceiving and dishonest. Divorce will be complete in the next two months. (Approx. March 2025)

 

After uncovering the disturbing details of her multiple secret relationships, I do not believe the marriage has been in good faith since the beginning.

 

I understand there is a 10-year window in which I am her sponsor, and I am responsible for her financial well-being.

 

Note, I have paid for all the family bills since day 1. Due to lack of living expenses, she has been able to accumulate a substantial amount of USD ($$) in her bank account.

 

She currently holds a W-2 job in USA @ $55,000/Year. Pays Taxes.. ect...

 

What do I need to do to protect myself. I have been scammed. 

 

Thanks!

 

 

 

[Crazy Cat 42,320]

1.  If she doesn't have a Green Card.  Immediately withdraw the I-864 before the I-485 is approved. 

 

2.  If she already has a Green Card, my advice is to  Finish the divorce, move on, and seek happiness for yourself.  Hopefully, you have a good attorney. It is probably in your best interest that she becomes a US citizen as soon as possible. You are obligated under the I-864 until either she becomes a US citizen, loses her LPR status, gains 40 quarters of work credit, or dies.  Actually, there is no 10 year limit. 

Remember, you submitted a great deal of evidence showing the marriage was bona fide.  Marriages go south every day.  If she entered the marriage in good faith, you have no case.  I wish you well and I hope you can find peace. 

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

Edited 9 hours ago by Crazy Cat

[Ontarkie 14,499]

If she has her GC not much more you can do. If not follow the advice Crazy Cat posted above. 

 

Good news is that she works, not likely to get anything from the affidavit of support. 

 

I would move on, if you try to go after the money she made while married (yes some might try) it may backfire on you. Unless she racked up bill that should have been part of the divorce.  Let her go and get that divorced finished. 

[Boiler 46,121]

You need a Divorce Lawyer, presume you have one.

 

in your interest she naturalises as soon as she qualifies but nothing you can do about.
 

There is not a 10 year limit btw.

[MichaelBerry 1]

Thank you all for your quick response.

 

[W199 355]

To naturalize, I believe you have to show good moral character, etc .. and certainly not obtained a GC by fraud.

 

Therefore, personally, this is what I would do if she has her GC.  If she doesn't have her GC . . then maybe invite her back to China for a "reconcilliation meeting'with her parents" and offer to buy them a car when they arrive if all goes well ... then ...

 

1) Notify USCIS, and send proof, and suggest that doesn't get naturalized, and if possible start proceedings to recoke her GC (probably impossibe, but why not).

2) Notify the USA embassy in China, to inform them in case any of her family members try to come fraudulently and mention claim she just had a abusive husband. Many embassies have a special email to report fraud.  Of course, the embassies get these kinds of the emails often, and ignore them, etc .. But why not, ... you might be helping future fraud. 
3) I strongly doubt your congressman would also FAX UCSIS to make the same requests, but you could try to show the evidence and try.  With all the anti-immigration, maybe they will try to score brown points.

 

Again, before anyone says this is very unlikely able to be effective, I agree, but you could just do it, then move on ...   It might also even help you when you explain why you did a new K-1 in a few years.

 

And just to be super clear, I am only saying to report the facts and truth. Don't exagerate or make up any stories. be totally factual so others can make a decision. and send proof .. must have proof

 

  

Edited 9 hours ago by W199

[Crazy Cat 42,320]

41 minutes ago, W199 said:

To naturalize, I believe you have to show good moral character, etc .. and certainly not obtained a GC by fraud.

 

Therefore, personally, this is what I would do if she has her GC.  If she doesn't have her GC . . then maybe invite her back to China for a "reconcilliation meeting'with her parents" and offer to buy them a car when they arrive if all goes well ... then ...

 

1) Notify USCIS, and send proof, and suggest that doesn't get naturalized, and if possible start proceedings to recoke her GC (probably impossibe, but why not).

2) Notify the USA embassy in China, to inform them in case any of her family members try to come fraudulently and mention claim she just had a abusive husband. Many embassies have a special email to report fraud.  Of course, the embassies get these kinds of the emails often, and ignore them, etc .. But why not, ... you might be helping future fraud. 
3) I strongly doubt your congressman would also FAX UCSIS to make the same requests, but you could try to show the evidence and try.  With all the anti-immigration, maybe they will try to score brown points.

 

Again, before anyone says this is very unlikely able to be effective, I agree, but you could just do it, then move on ...   It might also even help you when you explain why you did a new K-1 in a few years.

 

And just to be super clear, I am only saying to report the facts and truth. Don't exagerate or make up any stories. be totally factual so others can make a decision. and send proof .. must have proof

 

  

Just a couple problems. 

1.  The OP also provided a great deal of evidence proving the marriage was bona fide.  

2.  OP's evidence goes back only to September 2022....10 months after the marriage.  A lot of marriages go sour within 10 months.

Short of a text message saying "I married you only for a Green Card...", I don't think USCIS would open a case.

 

Just an opinion...

 

Edited 8 hours ago by Crazy Cat

[W199 355]

1 hour ago, Crazy Cat said:

Just a couple problems. 

1.  The OP also provided a great deal of evidence proving the marriage was bona fide.  

2.  OP's evidence goes back only to September 2022....10 months after the marriage.  A lot of marriages go sour within 10 months.

Short of a text message saying "I married you only for a Green Card...", I don't think USCIS would open a case.

 

Just an opinion...

 

Great points. Sorry, I misinterpreted his post as he had lots of evidence of marriage fraud.  Yeah, the OP will need to do more sleuthing to gather evidence that it was simply not a marriage gone sour.  Probably the only way would be to cleverly and legally get ahold of her phone, check her messenger, etc and obtain indisputable  proof that she was scheming to marry only for a GC.  

 

Otherwise, as I said, USCIS and the embassy get emails all the times like this and ignore them if there is no sign of proof of fraud. They know that it is quite common for an enraged ex to try to get revenge and so they will ignore it.