Can he revoke a CR1 visa for an early divorce?

[Flavia 1]

I know I have to speak to a lawyer about this but I'm so worried that I'm looking for any information or advice there is..

My mother came to the US on a CR1 visa about two months ago. She had known her now-husband for only 4 months before they got married, but it seemed to be working out very well for them, chemistry and affection, so everyone had high hopes for their marriage. During the 12 months wait for her visa, they talked over the phone a lot, making arrangements about their future. She came over to find out he didn't really plan to change anything or to do anything they had agree on.

Long story short, they had a fight right away after she arrived, she fled to my house and has been staying with me for two months. They spoke on the phone about 3-4 times, without any luck to resolve the conflict. Finally, he called today saying he wants a divorce.

My worry is: even though I know that mom married him in good faith, for most people not fully aware of the situation it would look like my mom just used the guy. Even he, too, accuses her of being dishonest! (I know that my mom also made mistakes, like anyone does in a relationship, but he doesn't want to admit that he also didn't make too much of an effort to make it work)

Is there a way for him to prove that she used him to enter the country? Can he get her visa revoked? I'm concerned about it, for I know my mother can't be blamed for doing that and she is an honest person.

Any advice would be appreciated!

[AbbynSheryl 0]

i dont think he can do anything aganist ur mom. she can file for divorce and he might have to pay almony to her. good luck. abby n sheryl

[diadromous mermaid 36]

The "visa" has already been used. You mean can he do anything to revoke her status as a PR. Not really, except that if she wishes to preserve the conditional status she has been afforded, she would have to remove those conditions alone upon divorce. She'd have to be able to demonstrate her bonafide intentions upon entering the marriage, and that would require evidence that they shared a life and commingled their finances. Having departed so quickly, I suspect she won't have much evidence to present.

I know I have to speak to a lawyer about this but I'm so worried that I'm looking for any information or advice there is..

My mother came to the US on a CR1 visa about two months ago. She had known her now-husband for only 4 months before they got married, but it seemed to be working out very well for them, chemistry and affection, so everyone had high hopes for their marriage. During the 12 months wait for her visa, they talked over the phone a lot, making arrangements about their future. She came over to find out he didn't really plan to change anything or to do anything they had agree on.

Long story short, they had a fight right away after she arrived, she fled to my house and has been staying with me for two months. They spoke on the phone about 3-4 times, without any luck to resolve the conflict. Finally, he called today saying he wants a divorce.

My worry is: even though I know that mom married him in good faith, for most people not fully aware of the situation it would look like my mom just used the guy. Even he, too, accuses her of being dishonest! (I know that my mom also made mistakes, like anyone does in a relationship, but he doesn't want to admit that he also didn't make too much of an effort to make it work)

Is there a way for him to prove that she used him to enter the country? Can he get her visa revoked? I'm concerned about it, for I know my mother can't be blamed for doing that and she is an honest person.

Any advice would be appreciated!

[Chica Yeyé 41]

The "visa" has already been used. You mean can he do anything to revoke her status as a PR. Not really, except that if she wishes to preserve the conditional status she has been afforded, she would have to remove those conditions alone upon divorce. She'd have to be able to demonstrate her bonafide intentions upon entering the marriage, and that would require evidence that they shared a life and commingled their finances. Having departed so quickly, I suspect she won't have much evidence to present.

That is what troubles me about the case. How would she be able to prove bona fide marriage when after arrival she moved in with her daughter? Good luck.

[Dakine 26]

Sounds like moms better get a lawyer foor immigration and the divorce. Her leaving him that soon is a huge red flag.

[retiredfromforum 1]

Sounds like moms better get a lawyer foor immigration and the divorce. Her leaving him that soon is a huge red flag.

Federal Code of Regulation

Title 8: Aliens and Nationality

PART 216—CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS

(2) Application for waiver based upon the alien's claim that the marriage was entered into in good faith. In considering whether an alien entered into a qualifying marriage in good faith, the director shall consider evidence relating to the amount of commitment by both parties to the marital relationship. Such evidence may include—

(i) Documentation relating to the degree to which the financial assets and liabilities of the parties were combined;

(ii) Documentation concerning the length of time during which the parties cohabited after the marriage and after the alien obtained permanent residence;

(iii) Birth certificates of children born to the marriage; and

(iv) Other evidence deemed pertinent by the director

based off what has been told here....i would say her chances are slim to nill

1. assets AND liabilities, this forum is ohhh so quick to say co-mingle assets only but it is co-mingling of entire lives, not having cars in one name only but rather both names. marriage was short lived so i am pretty certain little to no assets or liabilities are co-mingled as true married couples are.

2. before AND after marriage co-habiation...so often those seeking to abuse the laws forget the AFTER marriage co-habitation part(legal definition of cohabitation is living as husband and wife normally do, so sleeping on the couch in another room is not cohabitation). So quick to get married and get divorced asap when the conditional green card arrives leave....despite the fact that immigration officials look at this in depth.

3. no kids i assume

4. married for short period and moved...this is both section ii and iv

indeed very slim

[retiredfromforum 1]

I would have her voluntarily leave the U.S. and give up her condtional residence. Clearly she will be investigated for immigration fraud and then comes the 10 year ban and that will leave her SOL.

my two cents.

[retiredfromforum 1]

I would have her voluntarily leave the U.S. and give up her condtional residence. Clearly she will be investigated for immigration fraud and then comes the 10 year ban and that will leave her SOL.

my two cents.

ohhh also

will be proven in court a faulted divorce based off abandonment. Or the marriage will be annuled. In both cases shows fault to the immigrant and thus proving a marriage not in good faith

[JimVaPhuong 4,863]

I would have her voluntarily leave the U.S. and give up her condtional residence. Clearly she will be investigated for immigration fraud and then comes the 10 year ban and that will leave her SOL.

my two cents.

ohhh also

will be proven in court a faulted divorce based off abandonment. Or the marriage will be annuled. In both cases shows fault to the immigrant and thus proving a marriage not in good faith

Some states only allow abandonment to be used to get a summary judgment without the presence or cooperation of the respondent, but they don't allow it's use to assign fault.

I doubt it will matter in this case. "Good faith" is something that USCIS wants to see proven, rather than disproved. From what the OP says, it sounds like there's practically no evidence that a genuine marital relationship ever existed here. If she can lift conditions with the evidence she's got, then the rest of us should be able to do the same by simply penning an affidavit on a Denny's napkin, having the waitress witness the signature, and sending it off to USCIS!

[3600rs 24]

I would have her voluntarily leave the U.S. and give up her condtional residence. Clearly she will be investigated for immigration fraud and then comes the 10 year ban and that will leave her SOL.

my two cents.

ohhh also

will be proven in court a faulted divorce based off abandonment. Or the marriage will be annuled. In both cases shows fault to the immigrant and thus proving a marriage not in good faith

Some states only allow abandonment to be used to get a summary judgment without the presence or cooperation of the respondent, but they don't allow it's use to assign fault.

I doubt it will matter in this case. "Good faith" is something that USCIS wants to see proven, rather than disproved. From what the OP says, it sounds like there's practically no evidence that a genuine marital relationship ever existed here. If she can lift conditions with the evidence she's got, then the rest of us should be able to do the same by simply penning an affidavit on a Denny's napkin, having the waitress witness the signature, and sending it off to USCIS!

"Good faith is something that USCIS wants to see proven, rather than disproved" --- can you simplify that.

This is going to be a tough one, although a right immigration lawyer can make it work, or else chances are slim. The marriage lasted few months, with little or no evidence, also there maybe an accusation of fraud by the USC all this makes it tough. I think the USCIS and then the immigration court would look at the bonafide intent for an approval.

It will be surprising to see an immigration judge deny and have the OP removed for fraud.

[Flavia 1]

Thanks everyone for replies.

My concern really isn't of my mom not being able to lift the conditions of her residency in two years when her conditional GC expires. She clearly won't be able to do so for the lack of "evidence".

I'm mostly concerned about her possibly having to leave the country right away after she gets divorced if he husband decides to pursue the matter with USCIS and perhaps withdraw his affidavit.

Some people said she would be deported. Is it really possible? EVen if she came to the US in good faith that their marriage will work out, and it just didn't? Is the law really that one-sided that it doesnt' protect those people who come over to their spouses to find out it's not working, and to be deported right after that?

[3600rs 24]

Thanks everyone for replies.

My concern really isn't of my mom not being able to lift the conditions of her residency in two years when her conditional GC expires. She clearly won't be able to do so for the lack of "evidence".

Immigration is going to see the whole picture when conditions are to be lifted, she could have lack of evidence, but a great interview will have an approval. Or it could be other way around.

I'm mostly concerned about her possibly having to leave the country right away after she gets divorced if he husband decides to pursue the matter with USCIS and perhaps withdraw his affidavit.

Never happens. Husband can complain, but she will have to see an immigration judge to leave, a long long process. There is no instant "leaving the country" because of divorce after a short rocky marriage. Nothing special, shorty rocky marriages are normal.

Some people said she would be deported. Is it really possible? Even if she came to the US in good faith that their marriage will work out, and it just didn't? Is the law really that one-sided that it doesn't protect those people who come over to their spouses to find out it's not working, and to be deported right after that?

Again never happens. The law is fair. Immigration will need concrete evidence that she had selfish intentions for a green card in order to have her removed..leave..deported ( I think its removed)...BTW I am not a lawyer.

[JimVaPhuong 4,863]

"Good faith is something that USCIS wants to see proven, rather than disproved" --- can you simplify that.

Sure. It's sort of the opposite of a criminal court, with a twist.

In a criminal court, the court starts with the presumption that the defendant is innocent. The prosecution presents evidence that the defendant is guilty. If the prosecution's evidence is not enough to persuade the court, then the defense needs to present nothing - the defendant is acquitted because of the initial presumption of innocence. Otherwise, the defense may present evidence to counter the prosecution's evidence to try to tip the scales back towards the presumption of innocence.

USCIS begins with the presumption that the marriage is not genuine. If the applicant presents no evidence to the contrary, the presumption will stand, and the application will not be approved. If the evidence is enough to persuade them, then the application will be approved. The aforementioned "twist" is that USCIS usually does NOT try to present any contrary evidence to counter the evidence presented by the applicant, so it's pretty much just up to the applicant to present enough evidence to tip the scales far enough to have the application approved.

In other words, the only thing USCIS is interested in is seeing the "good faith" requirement proven. They aren't interested in seeing it disproved since it's basically presumed to be disproved without evidence to the contrary.

[diadromous mermaid 36]

It's a little premature to say that the alien can't provide enough evidence to support a bonafide marriage. Yes, indeed, she has aquired little since her arrival in the USA, but the marriage subsisted for 2 years, or she would not have been afforded CR-1 status. Now, whether that is enough to "tip the scales" or not, we can't know.

I would have her voluntarily leave the U.S. and give up her condtional residence. Clearly she will be investigated for immigration fraud and then comes the 10 year ban and that will leave her SOL.

my two cents.

ohhh also

will be proven in court a faulted divorce based off abandonment. Or the marriage will be annuled. In both cases shows fault to the immigrant and thus proving a marriage not in good faith

Some states only allow abandonment to be used to get a summary judgment without the presence or cooperation of the respondent, but they don't allow it's use to assign fault.

I doubt it will matter in this case. "Good faith" is something that USCIS wants to see proven, rather than disproved. From what the OP says, it sounds like there's practically no evidence that a genuine marital relationship ever existed here. If she can lift conditions with the evidence she's got, then the rest of us should be able to do the same by simply penning an affidavit on a Denny's napkin, having the waitress witness the signature, and sending it off to USCIS!

"Good faith is something that USCIS wants to see proven, rather than disproved" --- can you simplify that.

This is going to be a tough one, although a right immigration lawyer can make it work, or else chances are slim. The marriage lasted few months, with little or no evidence, also there maybe an accusation of fraud by the USC all this makes it tough. I think the USCIS and then the immigration court would look at the bonafide intent for an approval.

It will be surprising to see an immigration judge deny and have the OP removed for fraud.

[JimVaPhuong 4,863]

It's a little premature to say that the alien can't provide enough evidence to support a bonafide marriage. Yes, indeed, she has aquired little since her arrival in the USA, but the marriage subsisted for 2 years, or she would not have been afforded CR-1 status. Now, whether that is enough to "tip the scales" or not, we can't know.

From the OP's info (which is limited) the marriage lasted a bit over 12 months. If it had been two years then it would have been an IR1 rather than a CR1 visa, and there'd be no question about lifting conditions. She'd already have her 10 year green card.

Also from the OP's info, it appears the couple cohabited for a very short time. Even if they co-mingled some assets and liabilities during the time they were married, there's a good chance USCIS is going to conclude that the period of time they actually lived as a married couple was quite short. I'm not saying there's no way she can lift conditions - anything is possible, and there's much we don't know. From what we've been told so far, however, I'm not confident it's possible.