I got scammed but can't prove it

[MikeandThea 11]

Hi, I met a Filipina, dated her in the Philippines and finally brought her here on a K1 and we got married in February 2017. We waited until our wedding night to consummate but she has hyperthyroidism and asked to wait because she didn't feel like it, so I did, patiently. Months went by and she said she just had no libido anymore so she saw a doctor who could find nothing wrong. Then a gynecologist, who said all was normal, saying it is usually a mental/emotional thing with a woman that young (32). So, she went to a therapist and is supposed to try to get help there but she missed her appointment this week and I suspect it was all just a ruse anyway.

 

This woman is the 2nd Filipina I have sponsored. The first one I met and sponsored over 10 years ago she went all the way to Permanent Status and a baby before she secretely found a very rich man to leave me for. After it was all over, I thought, "They (Filipinas) can't ALL be bad, right? So I went over there and found another who seemed so compatible so I took another chance. I just love Filipina women and have a thing for them, but not anymore.

 

Last Thursday, my wife got her EAD and AP card. We have been waiting for the notice for her AOS interview but it has not come to our Po box yet. On Friday, she started a fight with me, which is very out of character for her.  Then, later that night, I found out she had been talking to my Filipina ex-wife and I confronted her about it and she got really mad, denying it but we argued hotly over it because she said she didn't even have my ex-wife's phone number.  While I was out, she packed a suitcase, and left and then the Police came asking what happened. I told them we had an argument and when I got back, she was gone.

 

The cops said my wife had gone to the Police Station (how? she has no car and can't drive. Who took her?) to say she was scared of me but that there was no physical abuse and since there were no threats or physical harm, there were no charges and nothing more would come of it. So, she has left with no forwarding address. On Saturday, she sent me a text saying she's coming back, but doesn't know when butthat she left because she is so scared of me but I know that's not the truth. I began to dig and found she has been in constant communications with my ex-wife since June 6th, sometimes, hundreds of texts a day to each other. In addition, she's been in phone contact with at least 4 different men. I google the numbers and found them all and they are all single. She is also texting numerous local people I don't know dozens of times a day that I never knew about. We are - or I thought we were - a private couple, just living together but now I see that while alone, she has been very busy texting and making phone calls.

 

I now believe she came here only to get a green card, she must have changed her address on the USCIS website and intercepted the notice of interview for AOS or they just granted it without an interview. She of course never said anything about these people, saying she knows no one here except me. I pay the phone bills and I have access to all the calls and texts made, the phone numbers, to and from, but no content. I never looked at her phone activity because I trusted her fully. Now, I wish I had been more vigilant. Let that be a lesson to all.

 

To me, it all adds up to a scam marriage ....no sex, secret men friends, secretly talking to my ex-wife and then suddenly disappearing right after getting her EAD and right about the time she was supposed to get her AOS interview or approval without an interview.  Her name is not on anything besides the marriage certificate.

 

On Monday, I wrote up a letter officially asking to withdraw my I-864 and hand delivered it to the nearest USCIS office and gave it to a USCIS Immigration Officer who said she'd enter it in the record but I don't really know if she did or not and I don't know if by then it was too late already, she didn't say. Before I went there, I sent the same withdrawal request via express overnight mail to the USCIS addresss we sent the I-131 package too and I sent a copy to the Benefits Center in Missouri. I'm hoping I got it in on time but it doesn't appear so. How can I check that? The current Status says USCIS that as of September 18, 2017, they were ready to schedule and interview and would send a notice with the date but as I said, its now October 6, and it has not arrived in the PO box we put on the I-131, so I rather think she anticipated doing this and changed the address to a place she could intercept it, go on the interview without me, tell them that everything was fine and perhaps USCIS granted the 2 year GC to her without me knowing it.

 

I know I should have not married this woman but I did enter the marriage in good faith but she didn't.  I think it was her plan from the beginning to scam me to get a GC. What should I do? I don't want to be on the hook for her after this. I have a divorce attorney standing by but divorce is the easy part. I want her deported or at least I want out of the I-864 but if I was too late, then I'm screwed. She can't work because of her illness, she has no skills, no job, no money, no car. What are my options? Thanks in advance.

 

[geowrian 22,335]

It's very unlikely that she was approved or had an interview if she just got the EAP & AP last week. It is possible...but highly unlikely. There's likely much more time (months) before approval or an interview.

 

If you withdrew the I-864, then that's it for immigration. She cannot stay in the US...she cannot adjust status from anybody else and cannot adjust status after the I-864 is pulled.

 

If AOS was somehow approved, then there is no way for you to cancel it and you are on the hook. She would still have to go through ROC, and if she doesn't complete that successfully, her LPR status will be revoked and the I-864 obligation is terminated when she leaves. Again, I'm providing this just for information...it's unlikely that AOS was approved in such a short timeline.

 

Also, for reference, she can try for a VAWA claim, but thaty's entirely on her to prove. There's nothing for you to do there.

 

What should you do? Divorce and move on. And be much more careful in the future. If you have documented proof of fraud, you can send that to USCIS...but nothing you're stated sounds like proof to me. You cannot get her deported. You cannot end the I-864 if AOS gets approved. That's all in USCIS's hands now.

Edited October 6, 2017 by geowrian

[C-ma'am 684]

If the marriage has not been consummated at all,  you could get an annulment. You may be one the few people who can actually get it. Otherwise, divorce her.

 

When it comes to her. If she says she wants to come back, do not be alone with her to avoid any type of abuse claims. If she got her green card without an interview (very possible since it's a K1), she will have a REALLY hard time removing conditions. If she has an interview, she will need you to go with her... don't. She will get denied and will be subject to deportation.

 

You've already pulled the I-864, so she won't be able to get far.

 

Other than that, nothing else can be done.

[Merrytooth 5,748]

Yep,  Do not ever be alone with her anymore, in case of any false domestic violence claim.

As you should know by now, she is probably staging a VAWA case against you by calling the cops on you (Oh she is so scared of you, might served you with restraining order as well).

 

Not sure if you can prevent her from coming back to your house since it is considered marital home. You should consult your divorce attorney for further advice.

 

Another thing, once she figures out she can't get her green card without you (K1 holder has to AOS with the original USC petitioner), she might have a 'change of heart' trying to reconcile with you.

Choose your steps wisely.

 

 

 

 

 

 

 

 

 

 

[MikeandThea 11]

3 minutes ago, Merrytooth said:

Yep,  Do not ever be alone with her anymore, in case of any false domestic violence claim.

As you should know by now, she is probably staging a VAWA case against you by calling the cops on you (Oh she is so scared of you, might served you with restraining order as well).

 

Not sure if you can prevent her from coming back to your house since it is considered marital home. You should consult your divorce attorney for further advice.

 

Another thing, once she figures out she can't get her green card without you (K1 holder has to AOS with the original USC petitioner), she might have a 'change of heart' trying to reconcile with you.

Choose your steps wisely.

 

3 minutes ago, Merrytooth said:

 

Thanks for the reply. I will be careful.

 

3 minutes ago, Merrytooth said:

 

 

 

 

 

 

 

 

 

[MikeandThea 11]

15 minutes ago, Celeste & C said:

If the marriage has not been consummated at all,  you could get an annulment. You may be one the few people who can actually get it. Otherwise, divorce her.

 

When it comes to her. If she says she wants to come back, do not be alone with her to avoid any type of abuse claims. If she got her green card without an interview (very possible since it's a K1), she will have a REALLY hard time removing conditions. If she has an interview, she will need you to go with her... don't. She will get denied and will be subject to deportation.

 

You've already pulled the I-864, so she won't be able to get far.

 

Other than that, nothing else can be done.

Thanks for the reply,  no, its never been consummated but I asked my attorney about it and he said he'd check into it.

[MikeandThea 11]

Thanks to all for the input. Now I have another question: Just in case I was too late, and she DOES get her 2 year GC, should I divorce her and send USCIS the final divorce papers? Or wait 2 years, as she would then be out of status, right? In my state, all i have to prove is that she and I have not lived together for 6 months, (2 witnesses/friends) and I will be granted a divorce, so I know not to take her back in. I just wonder if there is anything I can do to upset her plans. I feel so violated and used, lied to and betrayed. I am trying not to hate her but dammit, this is so not right what she is doing.

Edited October 6, 2017 by SalandJaz
adding comment

[geowrian 22,335]

1 minute ago, SalandJaz said:

Thanks to all for the input. Now I have another question: Just in case I was too late, and she DOES get her 2 year GC, should I divorce her and send USCIS the final divorce papers? Or wait 2 years, as she would then be out of status, right?

Divorce and let her deal with ROC. She can get the papers herself. No need for you to do anything for her immigration.

[C-ma'am 684]

1 minute ago, SalandJaz said:

Thanks for the reply,  no, its never been consummated but I asked my attorney about it and he said he'd check into it.

Just like @Merrytooth said. Choose your steps wisely. Do not fall for any kind of reconciliation speech. 

 

You've already retained legal representation and that is good.

 

I'm sorry someone took advantage of you. She's been clearly coached. What she doesn't seem to know is that she was poorly coached.

[C-ma'am 684]

1 minute ago, geowrian said:

Divorce and let her deal with ROC. She can get the papers herself. No need for you to do anything for her immigration.

^^^This.

 

The burden to show bonafide marriage falls on the applicant. She will have to show anything they ask for and, based on what you shared with us, she will have a very hard time providing that information. Her problem, not yours.

[MikeandThea 11]

2 minutes ago, Celeste & C said:

Just like @Merrytooth said. Choose your steps wisely. Do not fall for any kind of reconciliation speech. 

 

You've already retained legal representation and that is good.

 

I'm sorry someone took advantage of you. She's been clearly coached. What she doesn't seem to know is that she was poorly coached.

Thanks. I'm trying to be as careful as I can.

[MikeandThea 11]

3 minutes ago, Celeste & C said:

^^^This.

 

The burden to show bonafide marriage falls on the applicant. She will have to show anything they ask for and, based on what you shared with us, she will have a very hard time providing that information. Her problem, not yours.

Thanks very much for your input. So, if I divorce her, after 2 years, do you think she will be unable to prove a bona fide marriage? She has nothing here in her name. The house and car were mine before she got here and I couldn't put her on the bank account because her name is still in her maiden name on her SS card and we couldn't change that without a green card. I only have me on the credit card and the phones, utilities, etc are all in my name. And if she cannot prove a bona fide marriage in 2 years, what will USCIS do to her? She will just have it all waived on the I-751, right?

[BuiQuang 95]

6 minutes ago, SalandJaz said:

Thanks very much for your input. So, if I divorce her, after 2 years, do you think she will be unable to prove a bona fide marriage? She has nothing here in her name. The house and car were mine before she got here and I couldn't put her on the bank account because her name is still in her maiden name on her SS card and we couldn't change that without a green card. I only have me on the credit card and the phones, utilities, etc are all in my name. And if she cannot prove a bona fide marriage in 2 years, what will USCIS do to her? She will just have it all waived on the I-751, right?

why do u care what happen to her in 2 years?  what difference to you after u divorce?  other already told u that her problem not ur.  worry about ur problem divorce.

Edited October 6, 2017 by BuiQuang

[C-ma'am 684]

Just now, SalandJaz said:

Thanks very much for your input. So, if I divorce her, after 2 years, do you think she will be unable to prove a bona fide marriage? She has nothing here in her name. The house and car were mine before she got here and I couldn't put her on the bank account because her name is still in her maiden name on her SS card and we couldn't change that without a green card. I only have me on the credit card and the phones, utilities, etc are all in my name. And if she cannot prove a bona fide marriage in 2 years, what will USCIS do to her? She will just have it all waived on the I-751, right?

If she can't prove that she married you in good faith, she will be denied and put for removal proceedings. Again, based on what you are saying. She won't be able to prove anything... no commingled finances, nothing. 

 

Short marriage, no proof whatsoever that you were functioning as (what in the eyes of USCIS) is a marriage. Boom! Denied.

 

That's why you need to stay away from her and not be left alone. If she hasn't received her 2 year green card, she may claim abuse and go for a VAWA case. She will still have to submit proof of everything, but she will do anything in her power to say you abused her physically or mentally.  She already called the cops on you and that's a VERY red flag that she might be trying to build up an abuse claim.

 

 

[Merrytooth 5,748]

If she gets her 2 year conditional green card, she has to file for ROC I-751 with divorce waiver either immediately after divorce or 90 days before the green card expiration date.

1) She has to submit her divorce decree, evidence of bona fide marriages (e.g. financial co-mingled documents, joint ownerships.. etc)
2) If she can't provide any evidence, her ROC will most likely be denied and she will be placed in removal proceedings. 
 

** Note One can still file for ROC I-751 even if the marriage is annulled.

(As far as immigration is concerned, it's treated like a divorce; the foreign spouse just has to show good faith marriage).

 

Some people said to get divorce or annulment based on fraud, it will make it harder for to prove she married in good faith