Need some advice please. I posted and nobody responded. So I will repost. It's about proving marriage fraud.

[Peace be still 6]

I have a friend that is going through pure hell, and I don't know where to guide her. She informed me that her husband who is from Morocco was so sweet to her when he was there but here in the states her barely talks to her, he has anger outburst, and constantly belittles her on a daily basis. She doesn't feel that the marriage is real for him at all. He has his 2yr green card, and he is due for his 10yr green card in about 2mos. I feel so sorry for her. She is so depressed and is on the brink of having a nervous breakdown. I was so surprise because her husband and my husband and myself all get together and he seems so pleasant and nice. I was shocked when she was telling me all of these things. She feels used, and doesn't trust what his true motives were. She feels trapped, and she believes he is trying to make her divorce him so that he can say she left him. If anybody have any information that could help it would be greatly appreciated.

[Peace be still 6]

I have a friend that is going through pure hell, and I don't know where to guide her. She informed me that her husband who is from Morocco was so sweet to her when he was there but here in the states her barely talks to her, he has anger outburst, and constantly belittles her on a daily basis. She doesn't feel that the marriage is real for him at all. He has his 2yr green card, and he is due for his 10yr green card in about 2mos. I feel so sorry for her. She is so depressed and is on the brink of having a nervous breakdown. I was so surprise because her husband and my husband and myself all get together and he seems so pleasant and nice. I was shocked when she was telling me all of these things. She feels used, and doesn't trust what his true motives were. She feels trapped, and she believes he is trying to make her divorce him so that he can say she left him. If anybody have any information that could help it would be greatly appreciated.

Is this site about helping americans find a way to prove that their foreign spouse fraudulantly married her for a green card leading to citizenship? But I guess if this was a question posed the other way around thousands of responses would have came flocking in.

[Peace be still 6]

MENAFORLIFE, on 05 August 2010 - 03:00 PM, said:

I have a friend that is going through pure hell, and I don't know where to guide her. She informed me that her husband who is from Morocco was so sweet to her when he was there but here in the states her barely talks to her, he has anger outburst, and constantly belittles her on a daily basis. She doesn't feel that the marriage is real for him at all. He has his 2yr green card, and he is due for his 10yr green card in about 2mos. I feel so sorry for her. She is so depressed and is on the brink of having a nervous breakdown. I was so surprise because her husband and my husband and myself all get together and he seems so pleasant and nice. I was shocked when she was telling me all of these things. She feels used, and doesn't trust what his true motives were. She feels trapped, and she believes he is trying to make her divorce him so that he can say she left him. If anybody have any information that could help it would be greatly appreciated.

[RumbaBumba 4]

It's a tough situation.. Should try a Divorce Lawyer. She has to protect herself very soon. Especially if he is looking to make claims after the marriage

[kennym 275]

MENAFORLIFE

I am certainly no legal expert.. But based on the information you presented, it seems she would have dificulty... But why does it matter? If shes feels she is not safe, why doesn't she ask him to leave or if he won't, then she should move out herself.. Keep in mind, we arent there.. But it seems she's placing herself in danger..

She doen't need to justify her descision to end the relationship. if she is not happy, and especially if she feels unsafe, then she needs to get out of the relationship and create some actual distance between her and her spouse and she needs to do it quickly...

I can't imagine why she would stay in an unsafe situation just to try to prove he's a fraud..

[payxibka 10,044]

not a K-1 visa process question... moving thread

[William33 110]

Identical topics merged.

[Darnell 8,478]

What steps has she taken, already, to document this 'marriage fraud'

[lance1002 0]

If it's still the same process they should be filing for removal of conditional status for his temporary greencard and they have to go through another interview before he gets his permanent green card. She can either divorce him now and disclose the reason then it will be public record so when he applies to remove the condition on his status it will show on the record. Or refuse to support the removal of the condition on his status.

I addition, as long as he is still a green card holder and not a US Citizen his green card can be revoked if she can prove that he is abusing her. If I were your friend divorce him now, there is no reason to stay in an abusive relationship whether they are Americans or not.

[thongd4me 69]

Take a look here:

Divorce before removal of conditions

In fact, I think this thread shouldn't be under general immigration discussion but under

"Effects of Major Family Changes on Immigratin Benefits"

[William33 110]

Thread moved as suggested.

[rlogan 2,036]

He has his 2yr green card, and he is due for his 10yr green card in about 2mos.

Given how much time has passed without documenting specific and substantial evidence of fraud, in my very humble opinion the chances of proving fraud are zero. She obviously already appeared in front of an immigration officer under oath during the 2 yr green card interview attesting to validity of the marriage, and presented substantive information to buttress that claim. So she has to overcome her own sworn testimony along with whatever evidence previously submitted with new bulletproof evidence of grave proportion. Hardly likely from what you've said.

So it is therefore a matter of her being in a bad marriage. The laws of the state she is in govern divorce. Nothing has been said about counseling so I am presuming the marriage is shot based on what you say. In this case, regardless of divorce, he is entitled to apply for the ten year green card on his own.

[belinda63 2,981]

Agree, at this late date there is not a lot she can do unless she is in possession of say, an email where he admits he married her just for the green card and even then if it was a real marriage for the past two or so years, meaning the lived in the same house, there is really no way to prove immigration fraud. He has met his burden ie, he entered into the marriage in good faith. Being a ****head or an inconsiderate jerk or just abusive is not evidence of a fraudulent marriage.

[JimVaPhuong 4,863]

There would be absolutely no reason he would have to coerce her into filing for a divorce. Which party actually files for the divorce doesn't affect the immigrant's ability to self-petition for removal of conditions based on that divorce. USCIS doesn't care why you get divorced, or whose fault it is. They care why you got married in the first place, and that's all that has to be proved in order to remove conditions based on a "good faith" waiver.

Ok, with that said - If he really did marry her just for a green card, and if he has any clue at all about what he's doing from a legal immigration standpoint, then trying to push her into divorce now should be the LAST thing he'd be thinking about doing. He's very close to having to petition for removal of conditions. There's no way he could conclude a divorce in time to self-petition before his conditional green card expires. If he expects to file jointly, then you'd think he'd want his wife firmly in his corner. Which brings up my next point...

If she really believes he played her for a green card, she can screw up his life royally (but temporarily), but she has to make some preparations first.

Ok, she could jointly file the I-751 with him when the time comes. At the interview, she can rip into how bad a husband he's been, and she suspects he married her for a green card, and she's going to file for a divorce - IN FRONT OF THE IMMIGRATION OFFICER! After that, she can storm out of the interview. His ROC will be denied, and he'll be forced to self-petition without the benefit of having a divorce decree in his hands.

Before she does this, she'd have to be prepared to terminate the relationship immediately after the interview. She doesn't want to go home and be with him after that. She would need to have already arranged for a different place to live, and have some burly male friends help her move her stuff to her new digs. She should also already have talked to a divorce lawyer, and be prepared to submit the divorce petition right after the interview.

[Peace be still 6]

She has an appointment with USCIS on Aug 9th. She was married in Morocco, how would she file for a divorce here? She asked him to leave her place but he refuses to, and she's to embarrassed to call the police because of her professional career. It's a sticky situation. All I know is that she's not happy at all. She says this man has 2faces. In front of people he smiles and laughs, and as soon as they are alone, he doesn't talk to her. All he does is spends his time on the computer. He's playing a really good game. He doesn't go out and have much communication with other Moroccans, but he is making her life a living hell.