[dabrian]

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

[Wyatt's Torch]

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...

[Dakine]

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

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.

[Anh map]

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.

[sachinky]

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.

[Rings]

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.

This post has been edited by Rings: 15 November 2009 - 10:11 PM

[Darnell]

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.

[Malrothien]

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.

[Wyatt's Torch]

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.

[Malrothien]

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

[pushbrk]

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

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.

[Chica Yeyé]

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.

[sachinky]

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.

This post has been edited by sachinky: 16 November 2009 - 02:11 AM

[Scott and Mhay]

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?

[dabrian]

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...