Getting Divorced

[ang11 0]

Hi,

I am getting divorced from my husband. He's from England and I'm a US Citizen. We've been married for a little less than 2 years and we've been separated for over a year. I thought we were going to work things out, but he has not tried at all. He also said that he would drag the divorce process out so he could stay in the country. Is there anything that I need to file with USCIS? I believe he married me to get into the country, but it's not about that. I just want to make sure that I do everything that I'm suppose to in regards to USCIS

Any information would be much appreciated!

[Darnell 8,478]

what is his current immigration status, and if he's in USA, how did he come over, this last trip? (B-2 visa, VWP, CR-1 visa, K-3 visa, etc etc)

[ang11 0]

what is his current immigration status, and if he's in USA, how did he come over, this last trip? (B-2 visa, VWP, CR-1 visa, K-3 visa, etc etc)

He came over on a fiance visa. He's waiting for the 2 years of marriage so he can file his forms to release his "conditional residency".

[Darnell 8,478]

OK - thanks for the clarification.

There are 'two paths' you will be taking -

one on the divorce itself,

and another with any possible immigration / USCIS activity.

The laws covering divorce are specific to which state you live in - usually you can get fast knowledge acquisition by

--talk with the clerk of the court for yer jurisdiction, inquire for process/procedure and the location of the law library

--talk with the law librarian, ask for common templates for 'simple divorce, no kids, no assets'.

--viewing yer local county's web portal, specifically on divorce proceedings

The immigration side, though, is another ball of wax. There is some riff going on at USCIS these days, with the concept of foreign spouses who try to 'hold on' for that 10 year card. If you have documented proof / evidence of visa fraud (marriage intended to convey immigration benefits solely) then it makes good sense to hand over that documentation and a copy of the divorce filing document to yer local USCIS / Fraud Prevention Unit - they'll keep it on file and pass it around the various USCIS/DHS offices, and when he tries to file (on his own, mind you) for the Removal of Conditions - the stuff you sent in will be reviewed by an Adjudicator.

That proof needs to be stellar, golden, or yer wasting everyone's time.

So, really, you'll need to make a decision on what you want to do, use yer own evaluation of 'is it visa fraud, or no' when making a decision to contact USCIS Fraud Prevention Unit .

You could also contact the ICE Hotline (# below, in verra tiny print) and ask them for their input. Sometimes thats a waste of time, as they are just 'taking information' over the phone, without any real concept of 'referral to FPU' or 'give info to USC on real definitions of visa fraud'.

Good Luck, with all, whatever you decide to do. It's a tough spot to be in, I feel for ya, really !

[ang11 0]

OK - thanks for the clarification.

There are 'two paths' you will be taking -

one on the divorce itself,

and another with any possible immigration / USCIS activity.

The laws covering divorce are specific to which state you live in - usually you can get fast knowledge acquisition by

--talk with the clerk of the court for yer jurisdiction, inquire for process/procedure and the location of the law library

--talk with the law librarian, ask for common templates for 'simple divorce, no kids, no assets'.

--viewing yer local county's web portal, specifically on divorce proceedings

The immigration side, though, is another ball of wax. There is some riff going on at USCIS these days, with the concept of foreign spouses who try to 'hold on' for that 10 year card. If you have documented proof / evidence of visa fraud (marriage intended to convey immigration benefits solely) then it makes good sense to hand over that documentation and a copy of the divorce filing document to yer local USCIS / Fraud Prevention Unit - they'll keep it on file and pass it around the various USCIS/DHS offices, and when he tries to file (on his own, mind you) for the Removal of Conditions - the stuff you sent in will be reviewed by an Adjudicator.

That proof needs to be stellar, golden, or yer wasting everyone's time.

So, really, you'll need to make a decision on what you want to do, use yer own evaluation of 'is it visa fraud, or no' when making a decision to contact USCIS Fraud Prevention Unit .

You could also contact the ICE Hotline (# below, in verra tiny print) and ask them for their input. Sometimes thats a waste of time, as they are just 'taking information' over the phone, without any real concept of 'referral to FPU' or 'give info to USC on real definitions of visa fraud'.

Good Luck, with all, whatever you decide to do. It's a tough spot to be in, I feel for ya, really !

Thank you so much! I don't have any hard proof that he's committed fraud, but he told me that's the only reason he married me. Anyway, thanks again for all of the information!

[Darnell 8,478]

you could make an 'attestation document' to that effect. Legally, even when written, it's still considered 'hearsay', but if he's said it to you, it might be useful to document it. Hard to say, really, as it's part of some 'case', yes? And someone in the FPU will make a determination based on the 'totality of the casefile', not just one or two bits. Living apart for this long time, I think is also an issue for him, so if you were to go forth with this, his 'absence' and this 'conversation' might be some good casefile fodder.

It's really hard to say, only you know all, but even then, that's just half of the story. A good half, IMO, but still just half.

Good Luck with all !