urgent help

[biter 0]

hi there everyone!

pls help me and i need more advice..

my husbqnd is filing a divorce.. he wants me to explain to immigration

that i left him with another man but it was 4 years ago.and i dont understand that

his searching in craiglist men seeking men. in my area.

anyway he said he will remove my affidavit of support what is my options here?

and telling to immigration that my marriage to him is fraud.can he do that? pls help!

can he remove me in this country? im a 10 year green card holder pls help

[belinda63 2,981]

He really can't do anything to you. The affidavit of support is a done deal with you having the 10 year card, he cannot remove it now. Unless he has really strong proof that you entered for the marriage just for the green card, which if you have been together for this long even with some problems, then he can do nothing because every marriage has it ups and downs.

Best advise hire a divorce attorney and don't worry about his threats.

[Nik+Heather 121]

im a 10 year green card holder

If you have a 10 year green card based on your marriage to him, then there is nothing he can do to change your permanent resident status. He can't affect your immigration status any longer - at least not in terms of your green card.

What I am not sure of is citizenship. If there is a report of fraud, maybe they will investigate it. (dunno) If you married in good faith and can prove it (and he can't prove fraud, which is difficult), then there shouldn't be any problems there either, that I know of.

[biter 0]

i did'nt marry him to come here in the u.s nor to get a green card.

im getting scared about this.if he file for marriage fraud to remove his affidavit of support.

what is my options here. can he revoked my green card and send me back home?

thanks for the reply

[milimelo 4,165]

i did'nt marry him to come here in the u.s nor to get a green card.

im getting scared about this.if he file for marriage fraud to remove his affidavit of support.

what is my options here. can he revoked my green card and send me back home?

thanks for the reply

If you entered marriage in good faith then there's nothing to worry about.

He can file whatever he wants but the rules for I-864 are clear: the affidavit is in force until you as an immigrant: naturalizes, obtains 40 work credits (around 10 years), dies or leaves the country. Divorce does not stop the I-864.

[helpmelord 3]

Stop worring he cant do you anything like everyone already told you, let him do what he wants to do he is blackmailing you because you found out his little secret. If he does the divorce now you can still file for citizen once you are eligable. REMEMBER IT DOES NOT MATTER WHAT HE DOES HE CANT HARM YOU.

[john_and_marlene 162]

He cannot remove his Affidavit of Support--he is on the hook for it until it's completion is met.

He can tell immigration anything he wants and it won't matter.

He cannot remove you from this country.

Perhaps if you indicate to him that he should back off or you will ask for support alimony in the divorce or a settlement to help you recover your life from the devistation you suffered having to settle yourself in this new country alone because of his misrepresentation, then he will stop his empty threats.

[thongd4me 69]

Filling in your timeline will improve the quality of answers you will get to this kind of time-sensitive question.

If the affidavit of support has been filed and status has been adjusted,

there is NO way for him to "withdraw" it.

For a 10-yr GC holder, ABSOLUTELY not.

How long have you had the 10-year card?

Edited May 20, 2010 by thongd4me

[biter 0]

thanks everyone for the advice....

i came here as a k-1 fiancee visa i got my GC

since 2006.we been married for 5 years separated but living in

the same house for 2 months.

what you mean timeline?

[JimVaPhuong 4,863]

thanks everyone for the advice....

i came here as a k-1 fiancee visa i got my GC

since 2006.we been married for 5 years separated but living in

the same house for 2 months.

what you mean timeline?

Your husband can't do a thing. He can't withdraw the affidavit of support after it's been accepted by USCIS, and it was accepted when you got your original 2 year green card. You now have an unconditional green card, so it's no longer tied to your marriage. Divorce will have no effect whatever on your immigration status.

He can write any letters he wants to USCIS. Unless he has solid proof that you committed immigration fraud then USCIS will ignore him. They get accusations from bitter ex-spouses of immigrants all the time. They won't do anything unless he has evidence that would convince an immigration judge.

This website has a timeline system where you can enter information about your immigration process. Click on "Immigration Timelines" at the top of the page, then look in the left column for a link called "Edit/Add My Entry". This will allow you to create your own timeline. This information is useful for people in determining what happened so far in your immigration process, and when it happened, and helps them to give specific advice.

[Miss smarty pants 84]

i did'nt marry him to come here in the u.s nor to get a green card.

im getting scared about this.if he file for marriage fraud to remove his affidavit of support.

what is my options here. can he revoked my green card and send me back home?

thanks for the reply

No. He can't. Unless he has very strong proof.

[DanielParul 50]

i did'nt marry him to come here in the u.s nor to get a green card.

im getting scared about this.if he file for marriage fraud to remove his affidavit of support.

what is my options here. can he revoked my green card and send me back home?

thanks for the reply

You need to relax. He cannot really do anything to your immigration status. Chill, you do not need to even remain married to him. He has no say whatsoever now.

[mrs. wife! 3]

As others said before, since you have your 10 year GC you don't need to worry. He can't take it away from you. Good luck!

[biter 0]

thank you everyone for the advice it really help!

ill try to relax..

[fijiwind 0]

thank you everyone for the advice it really help!

ill try to relax..

This is a little bit off topic, but I was interested in knowing for personal enrichment. How "compelling" does the evidence of fraud need to be for the immigration service to act upon it? Do they have to have physical proof (ie, tape recording, written email, etc.?) I'm assuming 3rd party testimony and nothing else is not going to count, or is it?

Also, does anyone know anything about the presumption of fraud in marriages less than 2 years old? I've been told that marriages less than 2 years old at the time the green card is received is subject to the presumption of fraud (hence why the conditions on the green card are imposed), and the green card holder has the onus to overcome that burden. What, for instance, would happen when the marriage is almost 3 years old when it comes time to remove conditions on the green card and the USC spouse alleges fraud? How compelling must the evidence be, and does the burden now shift to the immigration service to prove there was fraud involved?

Just curious.