Green card and future divorce

[Harpa Timsah 13,258]

According to your logic a K-1 entrant would never need an interview, and even if an interview was conducted, the immigrant would merely produce a marriage certificate. This is NOT true. There are plenty of stories of people whose marriages ended before their AOS was approved and their applications were rightly denied.

[Artisan 138]

According to your logic a K-1 entrant would never need an interview, and even if an interview was conducted, the immigrant would merely produce a marriage certificate. This is NOT true. There are plenty of stories of people whose marriages ended before their AOS was approved and their applications were rightly denied.

Not everyone is interviewed for their AoS. The interview is waived for the majority of applicants. If there is an interview the immigrant only needs to explain that they made a good faith attempt at marriage. Friends and family can easily provide testimony on their behalf if needed.

As for the I-864 there are a few ways around that problem. We recently used the failure of the husband to sign an I-864 as grounds for economic abuse under VAWA. In the OP's case they had already filed the AoS and other related paperwork so his wife won't need to worry about it.

Finally, any sort of email or electronic communication would need to come from an account or device to which the petitioner never had access. Any decent lawyer will have a field day when it is possible the evidence was planted for falsified by a bitter spouse or relative.

I consult for a non-profit immigration advocacy service organization and part of what we do is to help immigrants, mostly women, remain in this country after their marriages have failed. I have seen nearly every trick you can imagine used to good effect. People are often bitter and hateful after a failed marriage and many want revenge by denying their former spouses and partners the benefits of immigration. They don't understand that usually their former loved ones gave up nearly everything to immigrate and they have nothing to return to back home. Organizations like the one I do work for make sure that these immigrants can remain here despite having had trouble with the people in their lives or the process itself. Are some of these cases fraud? Very likely, yes. However, in my opinion, it is best to catch those cases prior to the issuance of the visa. As long as an AoS has been filed deportation is unlikely. If there is an interview and if the interview goes poorly there are a host of advocates more than willing to help stop the deportation and look for viable alternatives.

[del-2-5-2014 1,339]

Michael, I am truly sorry that this is happening.

Good luck.

[KayDeeCee 4,893]

Not all AOS cases from a K-1 have an interview, that is true. When they do, many of them are asked for co-mingling and co-habitation evidence at the interview. Some get RFEs at the interview for lack of evidence. If not required, as you state, then why do they bother to ask for it and deny people if they cannot provide it? Someone was just recently denied for leaving out one single required supporting document. Even if never asked for that type of evidence for AOS, she would still need those things for proof of good faith marriage to file for ROC on her own.

I do not think anyone was insinuating that he could have had her deported/removed from the country. If he would have withdrawn his I-864 before her green card was approved, her case would have been denied due to lack of financial support and she would not have received the green card. What happened to her after that would not have been his problem and he would not be responsible if she ever received public assistance.

[Coleman21 6]

Oh my goodness, I am so sorry to hear your wife used you. I'm also mad that some people actually use marriage for immigration and even lie to their spouses. Definitely keep those emails! I would also call the customer service number because I think one of the options on the phone call menu was to report fraud. Someone, please correct me if I'm wrong. Either way it won't hurt to call them and tell the immigration what is happening! I think if the wife hadn't said anything like "I never loved you, I used you for work opportunities" you would have more difficulty convincing the immigration, but since she clearly said that, I think you have a way better chance. Immigration sometimes even come to your house after green card was issued if something suspicious comes up after the final interview, so this shows that they do care about immigrants' status after green card was issued!

[Darnell 8,478]

Michael - although green card production was ordered, has it shipped yet?

usually when this stuff pops up prior to green card issuance,

if the petitioner withdraws the I-864, then there is no basis to approve residency.

If I were in your shoes, I'd be banging at the door of the local USCIS office in the morning, begging the guards to be let in, and bring in a letter stating that you are withdrawing the I-864.

[Jawaree 718]

Take in proof of her texts/emails she never loved U,

marriage never consummated, report she moved out,

make copies of all this ,fax to ICE,never be alone with

her and move on dude.

[HeatDeath 430]

I should point out that emails and texts, unless printed out by the internet service provider or cellular provider and accompanied with an affidavit from them, are simple flat text files. They can be created and altered without using any specific software other than a text editor, and are the easiest things to fake in the entire universe. They have no evidentiary value whatsoever to anyone or any authority who can spell the word "computer", let alone use one.

OP: If emails and texts admitting to relationship fraud are all you have, I'm sorry to say but that and a buck will get you a small fries at McDonalds. They won't be seen as conclusive evidence by any competent third party, including ICE.

The most important thing you can do, having separated her from your finances and protected yourself from any possible abuse charges by not meeting or communicating with her without witnesses present, is to forgive her. Letting her "rent space in your head" and harbouring hostile thoughts about her will do far more harm to yourself, in the end, then she has yet done to you emotionally, by a long shot.

"We forgive much because we are forgiven much."

[JimVaPhuong 4,863]

There is no requirement for the marriage to have survived a single day for her to have been issued a GC. The woman in question fulfilled her obligations, was married within the 90 day period to the K-1 petitioner and filed for an AoS. She could have left the day they were married and claimed incompatibility or some other rubbish and still be granted the GC.

The OP can report what evidence he has but other than that he's stuck. It's apparent that there should have been more attention given to the validity of the relationship prior to the K-1 being issued. Now that she is here, unless the OP can prove there was fraud and his evidence is not outweighed by the potential evidence provided by his wife, there isn't much that can be done.

This is not true. According to the Adjudicators Field Manual, section 23.5(e)(1), if the marriage is terminated through anulment, divorce, or death prior to the approval of the adjustment of status then the immigration officer is supposed to revoke the petition. The IIRIRA essentially made it necessary for the marriage to last at least two years before unconditional permanent residency was to be granted, but the Act also carved out some pretty big loopholes in that requirement. The IIRIRA did provide a divorce loophole for removal of conditions, but it provided no such loophole for adjustment of status.

What Harpa said is essentially correct - the applicant must be eligible for the benefit both at the time they apply and the time the benefit is approved, though simply being separated shouldn't automatically result in the AOS being denied. There has been at least one case where a K1 immigrant managed to adjust status successfully after getting a divorce, but in that case USCIS had been sitting on the AOS application for an unusually long time, the immigrant had been married for more than two years when they sought a divorce, and the immigrant had been denied by the USCIS immigration officer, the Executive Office of Immigration Review, an immigration judge, and the Board of Immigration Appeals. They didn't finally succeed until they appealed to the 9th Circuit Court. The Court determined that an exception was justified because of the unusually long delay in adjudicating the application.

Your claim that the marriage wouldn't have to survive a single day in order for the intending immigrant to get a green card is ONLY applicable in a VAWA case.

[Brian1967## 119]

OP... Please read my section on how to report marriage fraud to FDNS, congrats you are a victim of marriage fraud, if there are no proofs of bona fide marriage she may have trouble I will send you a pvt message on how to talk to USCIS and do not worry to much about I864. Op I STRONGLY caution you STAY AWAY from this person BREAK ANY AND ALL CONTACT in order to avoid a abuse charge. Do not be alone with her even for 30 seconds you could find yourself facing a domestic violence charge, ISTRONGLY URGE you to never speak with this woman again. DO NOT HAVE ANY CONTACT WITH THIS WOMAN ACCEPT IN A PUBLIC PLACE OR WITH A WITNESS PRESENT.

Edited July 9, 2013 by Brian1967##

[Brian1967## 119]

OKAY FOLKS STOP TELLING PEOPLE HERE ON VJ TO CALL ICE....ICE DOES NOT INVESTIGATE SMALL CASES OF MARRIAGE FRAUD THIS IS WRONG INFORMATION...PLEASE READ MY POST ON REPORTING MARRIAGE FRAUD TO USCIS AND STOP TELLING PEOPLE TO CALL ICE....OR HAVE SOME ONE PIN THE POST SO THE CORRECT INFORMATION MAY BE PASSED ON ...THANK YOU

[heizel anne 3]

everything will gonna void if you showed the immigration that she just used you to get here.. you better do something before she get to file the naturalization and you dont want that. right? you have to show a lot of things as a proof of relationship.. its not gonna work out if everything will happen

[LSnBigBear 61]

Sorry to hear about your situation. There are different ways to go about reporting her. The main thing now is to get you off of her conditional green card. Then let USICS decide her fate as she will need to prove that she did not enter the marriage fraudulently and then be able to support herself to remove the conditions. I would say by what you stated in the above that she will have a lot of explaining to do as she never accepted your last name, along with your emails and texts from her that she stated she only entered into the marriage for work visa etc. Below is a quick search I did on USICS website. You can read through which way is best for you to attack your situation. Keep in mind and be aware that when she finds out she made an error in the above my guess is she will come back to you trying to sweet talk you into reconciliation. Be strong as it appears her back will be to wall needing you more than she realizes. Below is the search I did on USICS> Good luck

http://search.uscis.gov/search?affiliate=82601b2ec&query=how+to+report+a+fraud+marriage

[Natalie y Richard 14]

So this happen to me except he removed his conditions, and when I called USCIS to see how to withdarw their repsonse was do not show up to te interview he will need to explain himself there. Guess what lucky ####### had no interview and conditions were just removed. We are now divorced and he is off to the Navy which will garuntee citezenship at an expidited rate. How does this affect me? I dont know my I petitioned for my Fiance which has his interview August 5th so I will let you know. All I can say is AFTER I called USCIS several times and recieved the same answer I went to a lawyer who stated I could submit a withdraw letter to cancel my petition. By the time we went to send the letter we checked and his conditions were removed and no interview was needed and now he is free with his visa. I know this won't affect me because they are both bonafide relationships just one came out to be the worst thing tat ever happen to me. I suggest you withdraw and call USCIS so they can tell you how to or fo to your local office ASAP.

[Brian1967## 119]

there are not "several ways" to report someone there are not. MAKE A INFO PASS APPOINTMENT AND ASK TO SPEAK TO THE DUTY FDNS OFFICER. Read the post reporting fraud to USCIS!!!!!!!!!!!!!!

If you call ICE the recording will tell you to call USCIS customer service line, which getting to speak to a human being is like and act of god happening STOP telling people to call ICE it does not work!!!!!!!!!!!!!!

READ the post "Reporting Fraud to USCIS"

EVERYONE ON THE FORUM STOP TELLING USC's TO CALL ICE....ICE DOES NOT CARE ABOUT SMALL GREEN CARD FRAUD!!!!!!!!!!!!!!

ICE only cares about forced labor, large scale smuggling operations and human trafficking...If you guys think I am lying Google FDNS

Edited July 9, 2013 by Brian1967##