conditional card received - my husban is trying to deport me

[pavlinka18 0]

Hi guys, I'm kind of lost and don't really know what to do. Me and my husband got maried in january 06, I have received my conditional GC in november 07 after waiting for almost 2 years. I have entered the marrige in good faith, but sadly for many reasons things just didn't work out between us. I was the one who has decided to leave and now my husband is trying to make me pay for it since the day I left. He gave me yesterday a letter from a lawyer's office, which is address to office of dention and removal operations and says, that he believes that I have married him only for immigrations benefits and he is asking for my removal and hoping that this proces can be initiated without having to wait until it's time to file I-751. I was truly in shock, I would have never thought he would do anythig like that to me. Can anybody give me any advise on what to do or what is going to happened with me now. Thank you very much for all your answers.

[Kathryn41 3,205]

I am sorry that you are having problems and that the marriage didn't work out. First, you need to remember that USCIS is used to angry and disgruntled spouses complaining to them that their former partners need to be deported and they are not going to believe him without proof. He can address all of the letters to ICE that he wants but without evidence they won't carry much weight. If you have your conditional green card you are valid in the US until the expiry date on your green card. You can live here and you can work here until then.

You will need to remove the conditions on your green card and you will still have to prove that your marriage was a valid one. It will be more difficult if you have left and don't have access to things like joint bank account statements, etc. You can request copies of your tax receipts if you filed jointly and you may be able to get letters from banks to show that you were listed as a joint holder on the bank account, etc. You have some time to try and gather this evidence. Once you are divorced, You can file to remove conditions on your green card before the 2nd anniversary and you can request a 'waiver' from filing the application with your husband because of that divorce.

You would do well to try and talk to a family lawyer regarding the divorce and possibly an immigration lawyer to assist you in preparing the Removal of Conditions application when the time is right. Good luck, and again, I am sorry that your marriage didn't work out.

[paothao 0]

I am sorry that you are having problems and that the marriage didn't work out. First, you need to remember that USCIS is used to angry and disgruntled spouses complaining to them that their former partners need to be deported and they are not going to believe him without proof. He can address all of the letters to ICE that he wants but without evidence they won't carry much weight. If you have your conditional green card you are valid in the US until the expiry date on your green card. You can live here and you can work here until then.

You will need to remove the conditions on your green card and you will still have to prove that your marriage was a valid one. It will be more difficult if you have left and don't have access to things like joint bank account statements, etc. You can request copies of your tax receipts if you filed jointly and you may be able to get letters from banks to show that you were listed as a joint holder on the bank account, etc. You have some time to try and gather this evidence. Once you are divorced, You can file to remove conditions on your green card before the 2nd anniversary and you can request a 'waiver' from filing the application with your husband because of that divorce.

You would do well to try and talk to a family lawyer regarding the divorce and possibly an immigration lawyer to assist you in preparing the Removal of Conditions application when the time is right. Good luck, and again, I am sorry that your marriage didn't work out.

This happened far too often and many of my friends had the same problem (foreign wife left the husband after getting GC - so I'll give my two cents).

I am sorry to hear this story happened to any marriage, sadly it happened too many times in VJ forum, that after getting GC, many marriage fell apart. I wonder to myself, it is true love from the beginning or fraud intention from the beginning?

[sheraz 0]

I am sorry that you are having problems and that the marriage didn't work out. First, you need to remember that USCIS is used to angry and disgruntled spouses complaining to them that their former partners need to be deported and they are not going to believe him without proof. He can address all of the letters to ICE that he wants but without evidence they won't carry much weight. If you have your conditional green card you are valid in the US until the expiry date on your green card. You can live here and you can work here until then.

You will need to remove the conditions on your green card and you will still have to prove that your marriage was a valid one. It will be more difficult if you have left and don't have access to things like joint bank account statements, etc. You can request copies of your tax receipts if you filed jointly and you may be able to get letters from banks to show that you were listed as a joint holder on the bank account, etc. You have some time to try and gather this evidence. Once you are divorced, You can file to remove conditions on your green card before the 2nd anniversary and you can request a 'waiver' from filing the application with your husband because of that divorce.

You would do well to try and talk to a family lawyer regarding the divorce and possibly an immigration lawyer to assist you in preparing the Removal of Conditions application when the time is right. Good luck, and again, I am sorry that your marriage didn't work out.

This happened far too often and many of my friends had the same problem (foreign wife left the husband after getting GC - so I'll give my two cents).

I am sorry to hear this story happened to any marriage, sadly it happened too many times in VJ forum, that after getting GC, many marriage fell apart. I wonder to myself, it is true love from the beginning or fraud intention from the beginning?

You are absolutely right. I think unless the initator of this thread was not battered or in an abusive relationship, she should not have left her husband.

Permanent resisdance is a privlage given to the spouse of a US citizen and is not a right. The only reason she came to US was to live with her husband. If for what ever reasons the couple could not live together, in my opinion, she should go back to her home country. The reasons for which she entered the US do not apply to her situation. If she did gain citizenship, than she has rights. Untill then permanent resisdence is a privlage and the USC spouse has all the rights.

[Aussielad 37]

I am sorry that you are having problems and that the marriage didn't work out. First, you need to remember that USCIS is used to angry and disgruntled spouses complaining to them that their former partners need to be deported and they are not going to believe him without proof. He can address all of the letters to ICE that he wants but without evidence they won't carry much weight. If you have your conditional green card you are valid in the US until the expiry date on your green card. You can live here and you can work here until then.

You will need to remove the conditions on your green card and you will still have to prove that your marriage was a valid one. It will be more difficult if you have left and don't have access to things like joint bank account statements, etc. You can request copies of your tax receipts if you filed jointly and you may be able to get letters from banks to show that you were listed as a joint holder on the bank account, etc. You have some time to try and gather this evidence. Once you are divorced, You can file to remove conditions on your green card before the 2nd anniversary and you can request a 'waiver' from filing the application with your husband because of that divorce.

You would do well to try and talk to a family lawyer regarding the divorce and possibly an immigration lawyer to assist you in preparing the Removal of Conditions application when the time is right. Good luck, and again, I am sorry that your marriage didn't work out.

This happened far too often and many of my friends had the same problem (foreign wife left the husband after getting GC - so I'll give my two cents).

I am sorry to hear this story happened to any marriage, sadly it happened too many times in VJ forum, that after getting GC, many marriage fell apart. I wonder to myself, it is true love from the beginning or fraud intention from the beginning?

You are absolutely right. I think unless the initator of this thread was not battered or in an abusive relationship, she should not have left her husband.

Permanent resisdance is a privlage given to the spouse of a US citizen and is not a right. The only reason she came to US was to live with her husband. If for what ever reasons the couple could not live together, in my opinion, she should go back to her home country. The reasons for which she entered the US do not apply to her situation. If she did gain citizenship, than she has rights. Untill then permanent resisdence is a privlage and the USC spouse has all the rights.

what little understanding you have......closed minded......we aren't in Pakistan you know? where the woman has to walk behin the man like a dog on a leash.

[sheraz 0]

I am sorry that you are having problems and that the marriage didn't work out. First, you need to remember that USCIS is used to angry and disgruntled spouses complaining to them that their former partners need to be deported and they are not going to believe him without proof. He can address all of the letters to ICE that he wants but without evidence they won't carry much weight. If you have your conditional green card you are valid in the US until the expiry date on your green card. You can live here and you can work here until then.

You will need to remove the conditions on your green card and you will still have to prove that your marriage was a valid one. It will be more difficult if you have left and don't have access to things like joint bank account statements, etc. You can request copies of your tax receipts if you filed jointly and you may be able to get letters from banks to show that you were listed as a joint holder on the bank account, etc. You have some time to try and gather this evidence. Once you are divorced, You can file to remove conditions on your green card before the 2nd anniversary and you can request a 'waiver' from filing the application with your husband because of that divorce.

You would do well to try and talk to a family lawyer regarding the divorce and possibly an immigration lawyer to assist you in preparing the Removal of Conditions application when the time is right. Good luck, and again, I am sorry that your marriage didn't work out.

This happened far too often and many of my friends had the same problem (foreign wife left the husband after getting GC - so I'll give my two cents).

I am sorry to hear this story happened to any marriage, sadly it happened too many times in VJ forum, that after getting GC, many marriage fell apart. I wonder to myself, it is true love from the beginning or fraud intention from the beginning?

You are absolutely right. I think unless the initator of this thread was not battered or in an abusive relationship, she should not have left her husband.

Permanent resisdance is a privlage given to the spouse of a US citizen and is not a right. The only reason she came to US was to live with her husband. If for what ever reasons the couple could not live together, in my opinion, she should go back to her home country. The reasons for which she entered the US do not apply to her situation. If she did gain citizenship, than she has rights. Untill then permanent resisdence is a privlage and the USC spouse has all the rights.

what little understanding you have......closed minded......we aren't in Pakistan you know? where the woman has to walk behin the man like a dog on a leash.

By the way I am a USC and so I know the process

Its not about man or woman. It is about USC and their foreign spouse. The foreign spouse got the visa to be with the USC based on being an IMMEDIATE RELATIVE. The foreign spouse does not get the visa based on job or education or need.

So once the situation that the couple are no longer IMMEDIATE RELATIVES, there is no reason for the foreign spouse to be in the US. He or She could apply H1 visa or other.

Can you think of any reason for the foreign spouse to stay in US if the categoray to which he or she applied for does not apply to his or her situation.

If you can then the thread initiator should probably write that to the ICE.

[russian_armenian 4]

Sheraz, I feel sorry for your spouse You sound like a slave owner on plantation! You are saying: "She has got a benefit through me and even if I am an ###... she has to stick around or go back" (something tells me that even if you are a USC, you were raised in a culture with a far cries for democracy and western values).

I dont know your family situation, but I am sure that most USCs marry "normal" foreigners with some life established in home countries (career, social status which is often higher than USC can offer here). USC dont marry some trash from a street in some 3rd word country. Usually these aliens are from middle or upper-middle class in those countries (which maybe financially less than upper-middle class here but not a rule). Plus, apart from any financial aspects of life, in most countries the stereotype about Americans is as of good-hearted straight-forward casual hard-working family-oriented people (as opposed to always drunk Russian, mucho Latino, harem-holder Arab, always-on-a-budget Swiss, penny-counting French, time-obsessed German, shoes-with-holes-but-bank-account-with-000000 Indian, etc).

The alien has uprooted herself and came here for a better life. Yes. Because a good husband is a better life. I am sure there is some people who marry for GC only (but I think it is a self-inflicted torture lasted a few years to pretend, to lie, to have sex, to cook, ... for a person you dont have any any any feelings. Somebody really has to be so wronged in a native country). To go back home after years here, it is the same as to start from the beginning. I dont think it is fare since if marriage fails; it is usually due to both parties (not the alien only). Plus, divorce rate here is close to 70% but it is about 30% for marriages between USC and foreigner. So much for a marriage fraud, ah.

But I am sure that some USC marry with the same as Sheraz mindset-they dont bring a spouse to this county (the spouse who has the same rights and benefits as otherwise American spouse) but they bring a spouse-slave (powerless submissive attachment to a USC spouse). I think this 30% divorce rate is made of these relationships in bulk.

"Angry spouse" letter to CIS (without any factual evidence of the fraud) is just a testimony to immaturity and selfishness of the author. There are civilized ways to end a marriage. Mismatched expectations are pain for both. Exercising power by writing a letter to CIS (just because he can-without otherwise any factual basis) is suatable way for actually a very helpless and weak personality. Only a weak person has a need to prove that he is a strong one. A weak person cannot move on without doing some collateral damage.

I am sorry that you are having problems and that the marriage didn't work out. First, you need to remember that USCIS is used to angry and disgruntled spouses complaining to them that their former partners need to be deported and they are not going to believe him without proof. He can address all of the letters to ICE that he wants but without evidence they won't carry much weight. If you have your conditional green card you are valid in the US until the expiry date on your green card. You can live here and you can work here until then.

You will need to remove the conditions on your green card and you will still have to prove that your marriage was a valid one. It will be more difficult if you have left and don't have access to things like joint bank account statements, etc. You can request copies of your tax receipts if you filed jointly and you may be able to get letters from banks to show that you were listed as a joint holder on the bank account, etc. You have some time to try and gather this evidence. Once you are divorced, You can file to remove conditions on your green card before the 2nd anniversary and you can request a 'waiver' from filing the application with your husband because of that divorce.

You would do well to try and talk to a family lawyer regarding the divorce and possibly an immigration lawyer to assist you in preparing the Removal of Conditions application when the time is right. Good luck, and again, I am sorry that your marriage didn't work out.

This happened far too often and many of my friends had the same problem (foreign wife left the husband after getting GC - so I'll give my two cents).

I am sorry to hear this story happened to any marriage, sadly it happened too many times in VJ forum, that after getting GC, many marriage fell apart. I wonder to myself, it is true love from the beginning or fraud intention from the beginning?

You are absolutely right. I think unless the initator of this thread was not battered or in an abusive relationship, she should not have left her husband.

Permanent resisdance is a privlage given to the spouse of a US citizen and is not a right. The only reason she came to US was to live with her husband. If for what ever reasons the couple could not live together, in my opinion, she should go back to her home country. The reasons for which she entered the US do not apply to her situation. If she did gain citizenship, than she has rights. Untill then permanent resisdence is a privlage and the USC spouse has all the rights.

what little understanding you have......closed minded......we aren't in Pakistan you know? where the woman has to walk behin the man like a dog on a leash.

By the way I am a USC and so I know the process

Its not about man or woman. It is about USC and their foreign spouse. The foreign spouse got the visa to be with the USC based on being an IMMEDIATE RELATIVE. The foreign spouse does not get the visa based on job or education or need.

So once the situation that the couple are no longer IMMEDIATE RELATIVES, there is no reason for the foreign spouse to be in the US. He or She could apply H1 visa or other.

Can you think of any reason for the foreign spouse to stay in US if the categoray to which he or she applied for does not apply to his or her situation.

If you can then the thread initiator should probably write that to the ICE.

[diadromous mermaid 36]

By the way I am a USC and so I know the process

Well, then you should know that USCIS is only concerned with the intent of the alien upon entering the marriage. If there are issues after marriage and the adjustment of status approval the alien is not bound to remain married in order to preserve residency status.

[pavlinka18 0]

I have posted here my problem, because I have believed that I'm on the right web site. This is a site where ppl are talking about their problems with immigration law and not a Dr. Phil's office! I was just trying to find out any information on what is going to happened to me or what the usual procedure is in situations like that, if I have to file for anything. But almost everybody here keeps discussing what SHOULD happened to me now, who is right and who is wrong or who is the bad guy and who is the right guy. I'm sorry but I don't need to hear that, I have heard enough of all that from all my friends and ppl close to me, who know me & my huband.

However I would like to say thank you to Kathryn41, Aussielad, Russian Armenian, Diadromous Mermaid.

And to YOU - Sheraz. I feel very sorry for your wife, if you even have any! What a arrogant person you are! You dont know me or my huband, you don't know anything about our relationship. So how dare you to judge me! I really didn't want to write here all the reasons my marriage didn't work out, because it's nobody's business and I don't feel too comfortable to be sharing it with ppl what I even don't know. But ok Sheraz here:

endless lying and loss of trust due that

not coming home for a nite, sometimes two- no explanations for that

not taking part in any resposibilities (paying bills, cleaning, cooking etc.)

me working 65 hours weekly, my husband bearly 30 hours weekly (you do the math, who paid for everything)

bringing drugs to our house with intentions to be selling them

And bunch of other stuff, which I don't want to even write here. You see me as some cold hearted b***. But you are wrong! I'm upset and hurting. I have tried to work our problems out, I really did, for more than 2 years, but nothing ever changed, it was just getting worst. I have learned one thing though: it is different to date and be in love with somebody then to live with somebody. I have to admit - I think we were both too young to get married but at that time, we just didn't know.

I don't know what else to say, I'm just getting more depressed here, so.........

Thank you for all your support.

[NickD 202]

I have received my conditional GC in november 07

My interest in this with the USCIS screwing around with my wife's I-751 is what happens when the one year extension runs out that came very close. I didn't keep bookmarks, but in one spot I read in the USCIS is that once a permanent resident, always a permanent resident, so you can't be deported even with an expired card. But you cannot work or travel.

Another spot, and this dealt with the fact that you did not send in the I-751 application in due time, you can be deported, so you better put a big fat X on your calendar and make sure you send in your I-751 in August 2009 or 90 days before you green card expires with the options of abuse, hardship, or still married.

Wife seems to find internet friends from her country, one friend knows of another, we met a couple in person, or she talks to them on the phone, this one woman came here and married the sweetest guy in the world until the I do was said, then he demanded she be a maid in his motel firing his paid maid. Stuff like that happens, I recommended she would get a good immigration attorney, even recommended one, but she didn't have the money and managed to handle the I-751 on her own. She quit her job in her former country, sold or gave away her assets, and was able to establish herself here finding a job, buying a car and even a small house, so she got the hardship. She is about a year ahead of us and has been very helpful in sharing her experiences with the USCIS, today, she is a US citizen.

With marriages, there is always two sides to the story, so I don't like to get into that, but you asked what you should do, make damn sure you send in your I-751 on time if you want to stay here, be honest, and see what happens. The I-751 is one of the better written forms, not like the I-130 or the N-400 where the way the questions are asked, causes your head to spin.

[KarenCee 3]

Pavlinka, please ignore those who only want to criticize...you have been given some excellent advice by Kathryn41. It is unfortunate but you will find those that do not want to offer advice but merely to speculate and judge, as you have already found out and quite frankly it is not their place to assume anything about your situation. I do hope you find a resolution to your situation. I can only say again that the advice given to you by Kathryn is excellent. Best wishes

[Euro 3]

Can you think of any reason for the foreign spouse to stay in US

Umm because she wants to , it is HER choice!!,NOT her husbands OR your's

what little understanding you have......closed minded......we aren't in Pakistan you know? where the woman has to walk behin the man like a dog on a leash.

.and THIS made me spit my coffee, LOL

[NickD 202]

If you live in a state with no fault divorce laws, no judgment of either party is permitted, just how the marriage assets are going to be divided with the attorneys trying to get their share. But that is one issue, the other is the USCIS and generally one word against the other.

pavlinka18 can just as easily sat her spouse brought her her to use her and never had the intention that confirms to the marriage contact, if judged so, USCIS can fine/imprison him. Generally just better to get the divorce and let it go at that. And pavlinka18, do you really want to stay here after that bad experience. Don't answer that question, not any bodies here business, but just something to think about.

May be good to consult with an immigration attorney that specializes in conditional residency cases, but whatever you do, don't forget to file you I-751 90 days before your 3rd anniversary if you want to stay here.

[Kathryn41 3,205]

I think Nick meant to say remember to file starting 90 days before your 2nd year green card anniversary, not your 3rd anniversary:-). You can also file immediately after the divorce if it happens before then. Good luck.

Edited June 28, 2008 by Kathryn41

[russian_armenian 4]

Kathryn41 is always giving a great advice

Just want to add to her post. CIS would learn from your husband that you have left. So, yes, you need to send I-751 with wavier from joint signature but not at 2 years minus 90 days anniversary of your conditional GC but as soon as your divorce became final. In a meantime, by rules you have to notify CIS of address change and about separation. New I-751 form allows to send without final divorce decree but only if you are aproaching a deadline. Otherwise, you can send it even now if you got divorce already. By the time divorce would finalize, you have to make sure that you got a hold to as many docs proving shared residence, comigled finances and social life as you can. Docs tend to get lost in time, so, better to get everything now. Ask friends/neigbours to write affidevits now-you might loose contact in future. "Angry spouse letters" are very common. Prepare your response.

PS: hopefully, somebody adds about the procedure to notify CIS about separation (I-751 or just a letter; I dont remember but there is been CIS memo about it)

Pavlinka, please ignore those who only want to criticize...you have been given some excellent advice by Kathryn41. It is unfortunate but you will find those that do not want to offer advice but merely to speculate and judge, as you have already found out and quite frankly it is not their place to assume anything about your situation. I do hope you find a resolution to your situation. I can only say again that the advice given to you by Kathryn is excellent. Best wishes