how easy is it to get your spouse ejected from US with a CR-1 visa?

[Krikit 1,163]

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

[Azzudiin 26]

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.

[JimVaPhuong 4,863]

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...

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!

[Minya's wife 24]

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.

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.

[Scott and Mhay 57]

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.

[dabrian 0]

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

[Chica Yeyé 41]

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.

[justashooter 430]

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

[SuperDuper! 230]

#######??? 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.

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!

[sachinky 464]

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.

[Jamaican JNR 2]

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

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.

[Amin&Ani 0]

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.

[Old Dominion 26]

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.

[Hell0W0rld 10]

[Twisted K 2]

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.