If things don't work out...and i have a strong suspicion they will not (not from my own fault) how easy will it be to get my spouse deported with a CR-1 visa? What are the legal ramifications for me?

many thanks

That's pretty cold.

Sorry I don't have anything productive to add...but I don't know why you would want your spouse deported. Isn't it enough to go your separate ways in the usual manner (i.e.: divorce proceedings etc.)?

I'm sure there's more to the story...

Once she has her GC you can't do squat! You'll also be financially responsible if she uses public assistance until she gets her USC or has 40 quarters of work.

You can't just ask for someone to be removed if they are lawfully admitted. Your spouse is a green card holder. If they have violated immigration law then you can contact ICE.

This is probably a topic best addressed by a qualified immigration attorney where you can discuss all the pertinent information.

You can't just deport someone if your marriage doesn't work out. Especially if they are a GC holder.

However, if you suspect fraud, then maybe you can try calling USCIS or ICE.

If she can proove that she entered the marriage "in good faith" then she can file to remove conditions. The legal part that will hurt you is that you have to take care of her if she uses government assistance such as food stamps.

If you divorce her, she is not obligated to return to China.

She has 2 years from her GC date, to live in USA legally.

NORMALLY, without divorce, the 10 year card comes AFTER the 2 year card, but...

It is possible that she can file for ROC on her own, after the divorce.

so, IF she is unable to obtain the 10 year card (at the end of the 2 year time tick ) then is possible that USCIS will place her in a deportation hearing, or order her to voluntarily depart...

so - unless you can prove up fraud , ICE won't be deporting her because you've divorced her.

Nota.Bene.: I am not a lawyer, nor do I play one on TV.

Why is it that people feel they have the power to decide where to send their spouses? Who are you to decide where she should belong? File for divorce, grow up, and move on.

You're right, Malrothien, and this thread really disturbs me.

Again, I don't know the whole story, but wanting to have one's spouse deported as opposed to just out of one's life seems downright malicious to me.

If you were married and went through the process of bringing your spouse here, you have to be prepared to live with any adverse consequences that come with it. Marriage isn't something to be taken lightly, whether to a foreigner or not.

Exactly, Wyatt. It's disgusting to me to do this to someone you potentially loved.

Once she clears the port of entry, she has Conditional LPR status. If you divorce and she can show she entered the marriage in good faith, she can remove conditions on her own and your affidavit of support remains in force.

Only if you have evidence she entered the marriage fraudulently and can get it to stick, will she be deported.

WTF??? foreign spouses are not merchandise damnit

You cannot deport, return, excommunicate, etc. your spouse if your marriage does not work out. This kind of "thinking" is embarrassing. It really is.

I must admit, I don't understand this vindictive, spiteful attitude. I'm sure you're hurting but consider for a moment, if your marriage with another USC had fallen apart -- would you try and get him fired from work? Put out a hit on him? Break his legs, at the very least?

If you TRULY suspect fraud, then it's separate issue altogether. But please don't use deportation as a way to "win" this ugly game. One must take the consequences for their actions, after all, you did marry this man in good faith. Foreign spouses give up a lot to move to America -- their family, jobs, friends, their entire lives and culture. And you can't wake up one morning and decide, "This marriage is over, I want him deported ASAP!" as opposed to "I want you out of the house."

This is a issue of power and control, don't misuse it. If you want him out of your life, that is fine, divorce him.

Hmm....when i was getting divorced my ex was worried I would have her deported. She already had her 10 year greencard. Well she was so scared about gettting deported (even though I told her there was nothing I could do to get her deported......she would have had to do something illegal) that she put in her naturlization petition. Things for us just didnt work out.

If someone is even considering that they can get someone deported because something didnt work out that is a coward. If you even think that it wont work, why would you even marry them? Sounds like you have some major issues. I dont know how you could think something wont work out and you dont even have your spouse with you yet right?

thanks to all for the advice ... I will be contacting an immigration attorney...for all of you who cast stones, you have no idea...there is way more to this story, like abuse, kids etc... so I appreciate the constructive replies...not so much the folk who pre judge...

Moving from IR-1/CR-1 forum to Effects of Major Changes.

You cannot eject her, doesnt matter the situation, she has green card. If the marriage has gone bad file for divorce. You can eject her from your house. If she commits a crime then the Government can eject her, but at this point you have nothing to do with where she lives.

Anyone who has ever been through a difficult marriage and divorce can appreciate that there's probably a lot more to your story than you've told us so far. Those of us who have been through it can also appreciate that what may appear to an outside observer to be a vindictive act of revenge may, in fact, be an act of self protection. Sometimes, the mere threat of action is needed in order to protect yourself from almost certain action against you. Nobody wants to come to the table holding no cards.

However, you should understand why it appears people are judging you. You posted on a public form that you want to get your wife deported, and offered nothing in support except that your marriage probably wasn't going to work out. To most readers, this would sound like an emotionally charged act of revenge. Again, anyone who has been through a difficult divorce probably entertained thoughts like that at some point, and may have even asked for advice on how to act on those thoughts. Any sincere friend who was not in the same emotional state of mind would offer the same advice you've gotten here - calm down and try to move on with your life. There isn't anything you can do unless you can prove fraud.

If you have valid reasons not related to revenge, and you don't want to share those reasons here, that's fine. Just accept that people are going to judge based on what they're told, and advise accordingly.

Good luck!

Point of clarification to the second sentence. The USC does NOT have to take care of the immigrant if he/she uses government assistance....the USC is contractually liable to the government if the immigrant avails himself/herself to those means tested benefits from the government. This means the US government can 'sue' the USC to recover the cost of supporting the immigrant.

dabrian,
What you've been told in these replies is correct. If you spouse has a conditional green-card there is not much you can do to get them deported. They are entitled to petition to remove the conditions placed on their green-card even if you two divorce. The burden of proof changes from proving an ongoing marriage, to proving that the marriage was 'in good faith' while it lasted.

I kinda figured that there was a lot more to the story. Sorry if in the last part of my post i was harsh...i didnt intend to be mean. I know if everyone knew my whole story with my ex, there might be stones cast on me. You dont have to elaborate on your situation. I believe the question was answered and you will do what needs to be done. I think you are on the right track with talking to a lawyer. Sometimes all you need is an hour of their time to steer you in the right direction. Write down all your questions before you go to talk to them, and write down any questions that you have during the session if he/she is explaining something.

Good luck in this, i hope you get it all straightened out.

Jim, sure I understand your points. I am not in the clearest state of thinking right now and posted without thinking.

That is all fine and good... but when someone refers to their spouse as something instead of someone even if indirectly, they have no damn sympathy from me. And yes, I am judging the "how do you eject your spouse" comment. It is crass and rude. Deal.

"in china, nothing is possible, and everything is possible".

Len, Your vocab seems a bit limited this early in the day. You forgot to include the favorite hot button phrase, "send back."
**
Once again, unfortunately, this particular LDR case is an argument for the value of the K1 Visa, even though it costs more in financial terms: You are not locked into a legally-bound relationship the day she arrives on the golden US shores. If marriage really isnt indicated and she freaks out homesick or something, she simply just goes back to her country.

Yes it's romantic and adventurous to get married in a foreign land, but give me 90 days to decide after living with her here, and a Las Vegas Wedding any day of the week!

Fine, I'll apologize if my earlier comments seemed judgemental. I was only trying to give the OP a different perspective to look at things from. It is quite obvious that there's more to this story than meets the eye, however, we can only go by what was told to us and that wasn't much to begin with.

Here's the thing -- I'm sure most petitioners always have some underlying fear/insecurity that they were played for a GC. And when the marriage goes sour, it's easier to blame the disintegration on that suspicion than maybe trying to get at the real cause of it. Maybe you just didn't know the person well enough prior to getting hitched. Maybe their personality is completely different than what they portrayed to you online. Maybe the cultural differences and adjustments are too much for a new marriage to handle. However, I will say this for myself. I am by nature, an extremely careful, bordering on paranoid, person and I take things like status and being legal and not getting into trouble extremely seriously. If every fight I had with my husband ended in an angry threat, idle or not, that he was going to "ship me back to where I came from," I'm not sure how long we would last. Like I said, it is an issue of power and control.

Hopp -- I concur. Especially if one has never lived together with their SO or not spent much time in person together, please peruse the K-1 route. It gives one an opportunity to figure out if it is the real deal.

I also do not understand your line of question(s). Is it a case where you do not love your spouce anymore and want to have him/her deported because of your change in emotions? This website is geared on helping people with immigration and emotional passage into the beginning, wait period and end of the process. To do something malicious or even incite negative attitudes towards your spouce wont get you and assistance on VJ. You didnt say much, however if both of you cant resolve the differences, then get a divorce and go seperate ways.

FROM : http://www.hooyou.com/divorce/aftercgc.html ATTORNEY WEBSITE

Aliens who obtain their permanent residence based on their relationship with a U.S. citizen spouse or step-parent are granted conditional permanent residence if the qualifying marriage took place within two years prior to the date permanent residence was conferred. Conditional permanent residence means that the permanent residence is subject to termination if it is found that the qualifying marriage was a sham marriage or a marriage that was entered into only for purposes of obtaining an immigration benefit. Other than the conditional permanent resident being subject to having his status terminated for this reason, he is afforded the same rights as is any other permanent resident. Within ninety days prior to the two-year anniversary of the permanent residence being granted to the alien, the alien and spouse must apply to have the condition removed.

When permanent residence is granted conditionally to an alien spouse, that conditional permanent residence may be terminated within two years from the date permanent residence was granted if the marriage has been terminated through divorce. This rule also applies to the child of the alien spouse who obtains his conditional permanent residence based on the marital relationship of his parent. In other words, the general rule is that divorce terminates conditional permanent residence. Nevertheless, in this scenario, it is possible for the alien to obtain a waiver of the termination. A waiver of the termination is granted to the alien if the alien can show that the marriage was a union in good faith and the alien was not at fault for his failure to file the joint petition to remove the condition. Generally speaking, when the conditional permanent resident can show that the marriage was entered into in good faith, it is presumed that he was not at fault for failing to file a joint petition. Two ways to show that a marriage was entered into in good faith are proving that the couple had a child together and producing evidence that the couple owned property jointly.

Only the OP knows why it is necessary for him to consider getting her deported. As for me, I would just separate and go through the divorce proceedings and let her make it on her own, or not make it.

is your spouse here? if not, and you have such doubts, maybe you should reconsider your petition? there is time to withdraw as long as the visa was not issued.

I have to say that is an awful way to think. I just went through actualizing (notice I did not say realize, because internally I knew all along) that my Ex used me for immigration purpose. I really could care less if he stayed or went. If he stays he will have a life battle trying to redeem himself in the eyes of the lord. America will not be all that wonderful.

If he goes home that would actually be a quicker punishment for him. maybe he will be redeemed sooner. HE should stay in American suffer his consequences. LOL

It’s all in God’s hands. What a freeing realization. You should try it.

Just food for thought:

Bringing a fraudster into the country and allowing him to stay has consequences that transcendent those that have imminent impact on you. It also means that there's one more fraudster in the USA and the country won't be any better for it.

We the people of the United States would like to have less fraudsters, less criminals, less bums roaming our nation's streets and cities; hence it's in the public interest to have them suffering their Karma outside the US and if there's anything you can do to help repair what you helped to release, it's your moral obligation to act upon it.

Just my 2 cents . . .

DUh! If you knew my story you would know that I plan on reporting my informaiton.

I said that I could care either way what happens. It is out of my control.

Sour grapes are sooooo not attractive... and sooooo damn annoying. So is preaching.

3 things in life are certain: death, taxes, and len sticking up for illegals and scammers.

Why don't you READ the entire thread before posting jungle boy? It would exempt you from looking like a complete idiot.

But that would take the fun out of it.

As the OP has come to a decision and this thread has degenerated into something less than civil, I am closing it.