My wife maintained a boyfriend in her home country during our courtship and marriage. Within several weeks of our marriage she had her first affair in the US. After about six months of marriage she would not come home on weekends, shacking up with new boyfriend. Shortly after our first anniversary I filed for divorce. Six months later the divorce became final. My exwife does not know she is divorced, I've only seen her once and did not tell her. She has not resided with me for 8 months. There is no abuse or violence involved in the marriage on my part. The only violence involved was my broken heart. My exwife was previously involved in a phoney marriage in her home country in attempt to get a visa to another country.

In about 4 months she will need to apply to have her restrictions removed from the greencard.

What should I do?

How should I report this?

Can I prevent her from getting ten year green card?

Thank you in advance for your advice and consideration.

I dont know how to help you with that, but I just wanted to say that I'm sorry and I really hope you'll find a better person, who will love you truly.
I wish you all my best

Maria

I think you should call the USCIS to inform them and discribe your case.

Sorry to hear this.

You should've asked these questions and reported her to the 'CIS before finalizing the divorce, which would've played a big part at her removal of conditions interview.

But since you're already divorced, there's nothing you can do.

1.. how can you be divorced and she not know? she has to know its a requirement.
2.. you mentioned 10 year green card. you must have been married over 2 years.
is she here on CR1 or K-3.
3. if she is here on CR1 - she has every right to be here because you petitioned her to be here - she can remove the condtions on the green card herself. she will have to prove your marriage was entered in good faith. if she came on K-3 she was supposed to leave the day the divorce was final making her overstay.

1. She did not respond to the court on service of divorce papers. If the served party does not respond, a divorce can occur in absence of the other party. The divorce is final & signed by a judge.

2. We were married 1 year when I filed for divorce (She had been in US a total of 14 months). The divorce officially terminated 6 months later (after 1.5 years marriage). She came into US under a fiancee Visa (K1).

3. She has a conditional Green card due to expire in about 4 months. She came into this country under the provision that she would marry a US citizen. She is no longer married and she did not enter the marriage in good faith.




How do I go about informing USCIS of the circumstances (fraud).

But didn't the judge require you to send her a copy of the final judgment within a week?

Burned, write a letter, search the forums for the many other suggestions that have been posted in similar cases and then let it all go.

Her immigration status is HER problem now.
YOUR life is your concern now.

Best wishes to you.

As for the rest, well, there's a place where you'd have to sign the I-751 when she files it. And I believe all people who file as divorced need to be interviewed and she'd have to try to prove she entered the marriage in good faith.

You could also write to your Service Center explaining the process. There's only one immigration file for everything she ever does, so assuming they match your letter properly (include her name, birthdate and A number; that's what they use to find files) then it would be there when they get her I-751. Be concise, include all the facts that are relevant but don't be over-dramatic or go on for pages and pages.

Shon,

1. Anyone can get divorced w/o the other party's knowledge, by placing an edict in the newspaper.

3. I have to disagree with you on this one Shon. Staying here is a privilege, not a right. The OP's biggest mistake was not reporting and divorcing his immigrant ex-spouse before the AOS interview.

Burned,

She did marry a US citizen when she came in (you) and she's no longer married b/c of you. It is too late now to claim fraud. The 'CIS will wonder why you waited so long to report this to them, mos. after the divorce and the AOS interview.

It's never too late to report fraud, the question becomes how much evidence do you have to prove it. There is the issue of the Affidavit of Support that is extant, and if the ex-wife somehow deceived Burned well into the marriage into signing that to ensure her permanent immigrant status, then he has a right to pursue the matter. One word of advice, USCIS are aware that one party may many times be bitter when learning that his/her spouse has been unfaithful and allegations of immigrant intent can be taken less seriously if there appears to be some malice involved. On what grounds did you petition for divorce?

Why on earth did it take you a year to file for divorce when she had been cheating on you since day 1? They say love is blind, and don’t mean to kick you while you are down, but that kind of love is blind, deaf, and retarded. Having said that, I’m completely in your corner and there is absolutely something you can do.

Here’s my advice.

Aside from that temporary delusional state, it is in your best interest to do whatever you can to get her out of this country permanently because of I-864 concerns.

She is going to have to file the I-751 to remove conditions by herself now, and since ( I assume) she is not going to be able to put together a believable removal package (with supporting evidence of a real marriage), she will most likely get called in for an interview. When she gets to that interview, she will have to bring evidence that the two of you lived together and the marriage was real. Again, I assume that she will have nothing. By all means, don’t go back into your delusional state and provide her with any of this.

However, there should also be a notarized letter from you stating briefly what happened and why you do not support the removal of her conditional status in her file folder. Present your case, and leave it up to them to decide. There is no need for bitterness or harsh words, just state how she left you to live with other men almost immediately, and for most of the time, you didn't even know where she was.

1) Address the letter to the local office where the interview will be held.
2) Include her Alien Number and Social Security Number
3) Include a copy of the divorce decree.
4) CC it to your regional service center. (Texas, California, etc.)
5) Address envelope, ATTN: K-1 (or 3) fraud.


BURNED, there are two sides to every story, but obviously the situation was bad enough for you to seek divorce (on grounds of abandonment I assume), and the INS wants to know why your divorce was final 18 months after her entry into this country. It’s not too late to present the facts and timeline in a letter. I can assure you that since she doesn’t even know you are divorced, she is going to get a big surprise when she tries to file that I-751 jointly (as in, you are still married), and your letter with a copy of the divorce decree is sitting in her file. That’s enough right there to get denied. She should not be rewarded with Permanent Resident Status (and eventual citizenship) for committing fraud and humiliating an American citizen.

The positive side here is to be thankful you are not on the hook for alimony. The negative (other than your broken heart)... if she does happen to get approved despite your efforts, you might be paying the govt back for her food stamps (or other type of "need based" benefit) if she ever decides to apply for it.

diadromous mermaid, thanks for your advice on the letter. I live in a no fault divorce state so I could only state irreconcilable differences.

mjpyro, thanks for your sound advice. Intially your being alittle harsh without knowing all the facts. And I am being a little general here for this is a public forum. I used this site for the K1.

But when your fiancee/wife is from another country which you don't speak the language and you can only communicate with her family thru her, it is very easy. And when your country will not issue her a visitor visa. You can only see her a few weeks every six months. It is very easy to conceal another relationship. I dated her for 2.5 years. The fiancee visa only gives you 3 months to decide and marry. Your countries immgration laws are working against the citizen and aiding the fraudulent party. Additionally, I have the 3 year support issue to contend with.

After 6 months of marriage I realized there was a problem. I started gathering the information. Only then I found out about the other relationships, other than the obvious one. After I got sufficient evidence, I threw her out and filed for divorce. I will not tell her about the divorce, because she will just marry another citizen and your restriction removal scenario.

Also thanks all who responded.

I really am on your side which is why I took the time to write that post above. If it happened to me, that is exactly what I would do.

I understand that it's hard to keep track of someone while they are in another country. My initial comments were directed at this statement:

"Within several weeks of our marriage, she had her first affair in the US."

The key words there for me were "first affair". There's no doubt in my mind that this woman married you for a green card, but you have to accept your own culpability in the matter. My initial comments may seem harsh, but there is actually some wisdom there for the future. Live and learn.

One other point. You said: "Additionally, I have the 3 year support issue to contend with."

I'm assuming you are referring to I-864, so I hate to be the bearer of more bad news, but it's more than 3 years. It specifically says:

I understand that my obligation will continue until my death or the sponsored immigrant(s) have become U.S. citizens, can be credited with 40 quarters of work, depart the United States permanently, or die.

I don't believe someone entering on a K-1 is able to apply for citizenship until after 3 years from the date of receiving the Permanent Residence Card. Then from that point, it may be another couple years before she gets it after she jumps through all of the INS hoops. It's much more than 3 years you have to contend with.

As I said, at least you are out of the marriage mess now. I commend you for having the initiative to go through with the uncontested divorce.

I'd like to pose a general question for the above statement. If one were intent on perpetrating fraud, for the purposes of gaining permanent residency, wouldn't you imagine that the alien would try to keep up the facade as long as possible, certainly until the AOS has been approved and a conditional green card awarded? I would think that way. After that it would not require that the charade continue, as long as the USC is none the wiser. That said, it is entirely posssible that there are fraudulent marriages, when the alien is able to carry on an affair or perpetuate the myth that the marriage is genuine for some time. Remember, good con-men/women are skilled masters. The fact that many fraudulent marriages are detected prior to AOS is probably indicative of the fact that the enticement to live in the US is great enough to encourage even an unskilled confidence trickster to try his or her hand.

In all fairness to Burned, it is highly possible that
1.)the first affair that Burned referred to was discovered after the fact.
2.) he was, as we all might be, nonplussed at the discovery and it took time to process. In cases of "unilateral" immigration fraud through marriage, one party is totally unaware and legitimately in love with the alien. It takes time to sink in and take the steps to do something about it, I would suspect.

In case you can't relate, bear in mind a parent's agitation and torment with a child that is misbehaving, prior to actually picking up the phone and calling a sheriff. I think we need to be a little more compassionate towards Burned.

Point taken, but I don't know why it takes 6 months to sink in that your wife is in another man's bed every weekend, before you file for divorce. That's not denial or taking time to come to grips with something..... that's doormat.

I don't know all the details in this man's life, and I probably shouldn't have posted anything in the first place, but he asked for advice on what he could do to stop her from getting permanent residence, so I offered up substantive measures to take, rather than simply telling him to "call INS."

Burned ... don't take anything I said personal. This site is anonymous, so you have suffered no embarrassment, therefore I don't feel the need to baby you and tell you that it wasn't your fault, etc. etc,. It probably wasn't your fault, but that doesn't negate the fact that you have some cupability in the matter. Being a victim of fraud could happen to anyone, but it is a lot easier to become a victim when you allow it yourself.

Live and learn.

Her spending weekends with another man started about 6 mos. AFTER marriage.

I don't know all the details in this man's life, and I probably shouldn't have posted anything in the first place, but he asked for advice on what he could do to stop her from getting permanent residence, so I offered substantial measures he could take, rather than simply telling him to "call the INS."

"Call the INS" is the first and foremost thing he should do!



I think he clearly admits having some culpability in the matter and accepts full responsibility of his mistakes.

Dear Burned,

I'm sorry to hear about this. My case is similiar. I can't tell from reading your post if she obtained conditional residency status. Did you file AOS and if so, was it approved? You mention a three-year committment, which is the affidavit of support for the K-1, the affidavit of support attached to the AOS isn't just for three-years. The discussion is about removing conditions and I'm not sure the conditions are in place to remove. If the AOS wasn't approved then she has NO STATUS and cannot adjust status through anyone other than you, the original petitioner. If the AOS hasn't been approved, tell USCIS that you want to withdraw the affidavit of support. If the application hasn't been approved and you withdraw your support, then the case will be denied.

Like everyone else said, YES, by all means notify USCIS. You can do this by letter or in person. I did both.
If you send a letter, make sure you send it via certified mail with delivery confirmation. If you decide to go in person, go to the USCIS webpage and make an InfoPass appointment. Prepare notes with a timeline and when you arrive be brief and to the point. They don't care about your broken heart. I'm not trying to be mean, just realistic.

I sincerely hope she will not be able to stay. I don't think marrying a US citizen should equal a green card.
I know many marriages fail, but from what you said this woman most likely used you to come to America and if she can't respect you enough to even try to be a wife then she should go back to wherever she came from.

You might also consider calling ICE, Immigration and Custom Enforcement to report her. I can't say that anything you do will ensure her deportation, but at least you will know you notified the proper authorities.

Good luck,

Sorry if my question is ignorant, but can she even lift the condition from her 2-year GC if she's divorced? Isn't this what conditional GC is all about? Preventing ppl from getting sham marriages for residency? I thought if you get divorced in that 2-year period, you're sent back to your home country.. Please correct me if I'm wrong.

Burned, I'm very sorry you have been used like this.

Agreed 100% with dmartmar on this one! Please-call the INS asap!

edit-burned, so sorry this happened-sort it out-learn from it- move on to enjoy the rest of your life!

As far as I'm aware, they will still remove conditions on the green card as long as it is shown that the marriage was entered into in good faith, even if the marriage ended in divorce prior to removal of conditions.

Thanks for your clarification jenn! So his wife did not enter the marriage in good faith since she kept a boyfriend in her home country and had a history of marriage fraud before, right?

I would say that it wasn't entered in good faith, but I'm not sure what the process is for proving that, or whose burden it is to do so.

I have not taken anything personnel and no need to apologize. I appreciate everybody taking the time to respond. Yes, I have fault. I ignored some things that did not make sense, but in love you are suppose to trust.

I did not discover the first affair until I started the investigation after about 8 months of marriage.

So I can withdraw my affidavit of support? Will do and notify CSI.


Thanks Portsaid, sorry about your marriage.

Emotionally I'm doing fine.

Burned Best of luck with what you end up doing.
Making a step to claify to authorities takes balls..
that I am afraid to say is something many men dont have..
Keep your chin up.. document.. document document.
Just remember.. you need to get it stated before she states that you did something such as abuse. ..
doesnt matter if you are male or female.. .. people of either gender have been known to do anything possible to get here.. just be glad you found out now before any babies were born. or.. worse.. she did something that would incriminate you in some bad thing. or something... ..
:-) hugs and best of luck

Burned,
Technically, the Affidavit of Support is irrevocable. Once signed and submitted it can't be withdrawn, *technically*. However, any petition that is pending for which you are a co-petitioner can be withdrawn. In the case of a pending AOS submission: Granted the application is the alien's, but the marriage upon which the alien has the privilege of applying is one to the USC. Therefore, is the USC informs USCIS that the marriage is ending, due to alien's fraudulent inducement, as long as sufficient evidence is provided to support that contention, then the basis for adjustment is not longer valid. The alien must be in a sustaining marriage to adjust. USCIS would probably call the alien for aninterview, finding that the marriage is not sustaining, the application would be denied and the Affidavit would fall with the denial.

diadromous mermaid

Thanks! I am in the process now. Will include names and phone numbers of everybody that can corroborate facts. I obtained first hand information illegally can that be used? Or can describe this information?


Thanks again to all! This is a great forum!

Burned,

It might be even better to get signed and notarised Affidavits from those who have first-hand knowledge. In those affidavits, the individuals could mention that they are willing to speak directly with USCIS and offer their contact information, should USCIS wish to follow up with them

Now for the important part. You say the information was obtained illegally. In that case it would be unwise to offer or mention those facts. Are you certain?

Dear Burned,

I am very sorry to hear your situation. Sometimes these things work out -- sometimes they do not. IT IS NOT YOUR FAULT. I know a couple of guys who married Russian girls and they had boyfriends back in Russia or met a richer American guy. Good riddance and at least you found out now rather than 30 years from now! If you have her papers, you'll need to write immigration and include copies of some of lyour INS/CIS notices. SInce CIS is pretty bureacratic, you can contact your senator or congressman's office, ask for the name of the staff person who handles immigration matters, talk to them and they will then ask you to put it in writing and forward it to them. (Key items will include CIS case numbers that begin with MSC, EAC, etc). Usually the staff are not familiar with immigration procedures (ironic), but they have to and will contact CIS which has a special COngressional liaison line and will get you the facts you need.

Good luck,
Kazakhsa

Um that's not true in my state--and state law governs divorce law--so here both parties must sign a financial resolution of assets and liabilities before a notary, and both parties must receive and sign the divorce petition before a notary. The divorce papers are usually served in person by an officer of the court--Marshal or County Sheriff Deputy. So at least in my state there is no such thing as getting a divorce without both parties knowing about it. Now however both parties do not have to attend the court procedings, just the party that is suing for the divorce must attend court. And then a copy of the divorce decree is given or mailed to the last known address to both parties.

So if one party is out of the country when the other files for divorce and they both severed all contact with one another; what happens then? How does your state divorce them?

The legal process to divorce follows the same process as any civil suit. A party can secure a default judgment if the opposing party fails to answer the complaint. The onus is on the petitioning party to make "service of process" upon a Defendant. Typically, although the rules may vary relative to state, the Court cannot proceed in a case until a Defendant has been made aware of the claim. These documents give the defendant notice that the lawsuit has been filed and what the plaintiff is seeking. "Service" can be made by public notice. In the event that no last address is available a court may permit service by publication. The lawsuit is announced by publishing in a newspaper of general circulation, but essentially this type of service is only allowed in cases involving property and status, such as divorce where only matters relating to the division of property needs to be addressed, but if there are custody or support issued to be resolved, then those cannot be decided until and unless personal service occurs.