What are the legalities of desertion after green card is recieved

[Dennis Miller 0]

After three years of surviving the visa process and getting her here and after finally getting her green card after eight months of trying she has now deserted me. I would like to know if this is legal for her to do or if immigration would rescind her visa, green card? I will probably not turn her in if it is illegal but I need to know if this is something legal for her to do after getting the green card? I still love her very much and she says she loves me but must go elsewhere to work. I don't know if anyone here would know this or not but maybe you could refer me to a website or something? Thank You! I am new at using this site so I don't know how to find out if anyone knows? Help??

[Dan J 277]

If she has her green card, she can do what she wants at this point. You are still bound to the affidavit of support however.

If you feel that she used you to fradulantly obtain immigration benifits, then report everything you know to the USCIS.

[Teacher Mark 53]

Wow, this post is not real active. I'm sorry to hear about this. Without knowing any real details it is hard to comment. It sounds like she may have got what she wanted, here's to hoping she gets what she deserves (be it good or bad). I don't think there is anything you can really do. Hang in there.

[Nutty 2]

"after 8 month of trying she has now deserted me..."

Do you mean both you and your fiance/wife tried to marriage work? Or do you mean your wife/fiance tried to find work for 8 months?

It sounds to me by what you said that your wife did not marry you just to abandon you later and that she loves you. But for FINANCIAL REASONS she is forced to find work and MUST GO WHERE THE WORK IS.

It is very common for Chinese people to live away from their homes if that is the only way they can make money. Forced be seperate from their families with only New Years Holiday to see them.

If your income is insufficient to provide for her and allow her to send some money back to relatives in China (this is important responsibility in Chinise culture), then of course she will go where she can earn a dollar.

(I know, I was married once to someone from Tibet/China)

Sorry, but it sounds to me by your own words that she tried to "make things work."

Edited March 19, 2008 by Nutty

[eau_xplain 2]

If she has a conditional green card, she will need you to co-sign the application for removal of conditions (I-751), which can be submitted 90 days before her 2-yr GC expires. If you or she files a divorce before then, she can file the I-751 on her own and submit a copy of the divorce decree along with proof that our marriage was valid and entered into in good faith.

If she has a 10-yr green card, then she is pretty much set as an immigrant. If you suspect the marriage was entered into for green card purposes and make such a report to ICE, there is still no guarantee that they will go after her.

As Dan+Gemvita has already posted, you are still bound to the I-864 that you signed during the AOS process for 40 quarters. If she applies for means-tested benefits, the government can come to you with the bill and have you pay for it.

[ikyang 1]

i dont know if i get this right, does it mean that the USC who signs the affidavit of support is liable/ or under obligation for 10 years? how about if the couple get divorce?

[eau_xplain 2]

i dont know if i get this right, does it mean that the USC who signs the affidavit of support is liable/ or under obligation for 10 years? how about if the couple get divorce?

A divorce does not end the enforceability of the I-864. Only any the following can:

a. After the sponsored immigrant has earned 40 quarters of work credit. Note, 40 quarters of work credit is not always = 10 years.

b. If the sponsored immigrant departs the US for good;

c. If the sponsored immigrant becomes a USC;

d. If the sponsored immigrant dies.

[Caladan 19]

There's nothing that says one must stay in the marriage just because one has a green card. So the mere fact that she's left doesn't tell us much of anything.

What we'd need to know is two things: whether her permanent residency is conditional (it's not clear when you married, or if she'll need to remove conditions), and whether you suspect that the marriage was entered into primarily for immigration benefit.

[Dennis Miller 0]

There's nothing that says one must stay in the marriage just because one has a green card. So the mere fact that she's left doesn't tell us much of anything.

What we'd need to know is two things: whether her permanent residency is conditional (it's not clear when you married, or if she'll need to remove conditions), and whether you suspect that the marriage was entered into primarily for immigration benefit.

We married in China Oct. 17th 2005. She came to the US in FEb. 2007. We lived happily together for eight months, until she got the green card. At that time she went back to China for three months. Returned to US Feb. 14th this year and one week after returning said she was leaving to go to work in California. Left on the 28th. I paid airfare. She said before leaving that she loved me and did not want a divorce. She has never been affectionate to me. I just feel I was used to get here and get legal and then bye, bye! She has permanent residency for ten years. I don't know if she has to remove conditions as I never got to see the card or letter with it. I did see the notice they sent before mailing it and it said nothing about removing conditions. Thank you for your input!

[Dennis Miller 0]

"after 8 month of trying she has now deserted me..."

Do you mean both you and your fiance/wife tried to marriage work? Or do you mean your wife/fiance tried to find work for 8 months?

It sounds to me by what you said that your wife did not marry you just to abandon you later and that she loves you. But for FINANCIAL REASONS she is forced to find work and MUST GO WHERE THE WORK IS.

It is very common for Chinese people to live away from their homes if that is the only way they can make money. Forced be seperate from their families with only New Years Holiday to see them.

If your income is insufficient to provide for her and allow her to send some money back to relatives in China (this is important responsibility in Chinise culture), then of course she will go where she can earn a dollar.

(I know, I was married once to someone from Tibet/China)

Sorry, but it sounds to me by your own words that she tried to "make things work."

I'm sorry I wasn't very clear. We worked on getting the green card for eight months and finally did. She said that she must raise $25,000.00 USD for a heart operation for her mother. I offered to pay for it but she refused saying that she must earn it. It will take a very long time for her to earn it waiting tables! Why not get a job around home instead of California? I make good money, money was not an issue.

[Dennis Miller 0]

I have replied to two interested parties. Thank you! I don't know if I have replied correctly, I hope so!

[Dan J 277]

There's nothing that says one must stay in the marriage just because one has a green card. So the mere fact that she's left doesn't tell us much of anything.

What we'd need to know is two things: whether her permanent residency is conditional (it's not clear when you married, or if she'll need to remove conditions), and whether you suspect that the marriage was entered into primarily for immigration benefit.

We married in China Oct. 17th 2005. She came to the US in FEb. 2007. We lived happily together for eight months, until she got the green card. At that time she went back to China for three months. Returned to US Feb. 14th this year and one week after returning said she was leaving to go to work in California. Left on the 28th. I paid airfare. She said before leaving that she loved me and did not want a divorce. She has never been affectionate to me. I just feel I was used to get here and get legal and then bye, bye! She has permanent residency for ten years. I don't know if she has to remove conditions as I never got to see the card or letter with it. I did see the notice they sent before mailing it and it said nothing about removing conditions. Thank you for your input!

If she has the 10 year card, she no longer has to remove conditions. It also means, there is very little you can do right now.

If you think the whole marriage was a fraud to get a green card, you can report it to the USCIS/ICE. It will be up to them to take it from there though.

[Nutty 2]

Well, if you offered to pay for her mothers heart surgery and she has not taken it...it does sound like a feeble excuse to get away.

I think you need to find out how to withdraw your Affidavit of Support.

[pushbrk 12,182]

Dennis,

This surely is an unhappy situation for you but you don't make it sound like a fraud case. If you know where your wife is and she's simply decided to independantly earn the money to pay for her mother's medical care, perhaps the situation is simply that you don't live together for the time being. Perhaps you can work out a way to continue your relationship while temporarily living apart.

It doesn't sound like she's done anything illegal. It is very common for a Chinese woman's marriage choice to be a practical one rather than an emotional one. They then choose to give their love to the husband they've chosen. They also tend to take a long term view of life and relationships that would make a year or more apart while she fulfils her filial obligations independant of her husband seem far more reasonable to her than it would to you or me.

Perhaps you'll want explore her thoughts and feeling in this vein.

[ikyang 1]

yes i agree working far from home doesn't mean fraud!

sometimes you have to consider the culture! i am from a culture also who is very close to families! "close family ties", i was brought up that way too!

maybe after she earns the money she needs she'll come back and live with your happy home.

do you phone her everyday? as long as constant communication is there, then you both are fine!