CR-1 Divorce Issue

[jnjs 0]

I have a friend who came over here on a CR-1 visa, and she is now having doubts about the marriage, and is considering divorce. She has only been here about 6 months. She knows she can get a divorce, but she is still afraid of being called out for marriage fraud and eventually being deported. They are currently living together, but he has refused to have joint bank accounts, and she has little paper documentation other than marriage contract, pictures and some mail. If she was to leave him now and file for divorce, would she be at risk for marriage fraud, given the length of time she’s been here and the small amount of paper documentation? She’s super-sensitive about the fraud issue, that’s why she’s asking me to ask this on her behalf. Thanks for your input!

[Okalian 41]

I have a friend who came over here on a CR-1 visa, and she is now having doubts about the marriage, and is considering divorce. She has only been here about 6 months. She knows she can get a divorce, but she is still afraid of being called out for marriage fraud and eventually being deported. They are currently living together, but he has refused to have joint bank accounts, and she has little paper documentation other than marriage contract, pictures and some mail. If she was to leave him now and file for divorce, would she be at risk for marriage fraud, given the length of time she's been here and the small amount of paper documentation? She's super-sensitive about the fraud issue, that's why she's asking me to ask this on her behalf. Thanks for your input!

What kind of documentation does she currently have?

[jnjs 0]

What kind of documentation does she currently have?

She has the green card, marriage contract, pictures, mail

[leahandlucas 15]

Its not enough. Because what the service centre looks for when its time to remove conditions...they are looking for joint bank statements, joint rent/lease agreements, joint credit cards, joint loans, phone bills, ummm joint tax returns, if there were any kids born to the couple in the time together.

What is there is nothing. A marriage contract yes, but they want to see what happens DURING the marriage, after being married. And there is nothing.

Best advice is the following...she either works it out with her husband, or simply goes home because there is not enough evidence

[VanessaTony 3,567]

Its not enough. Because what the service centre looks for when its time to remove conditions...they are looking for joint bank statements, joint rent/lease agreements, joint credit cards, joint loans, phone bills, ummm joint tax returns, if there were any kids born to the couple in the time together.

What is there is nothing. A marriage contract yes, but they want to see what happens DURING the marriage, after being married. And there is nothing.

Best advice is the following...she either works it out with her husband, or simply goes home because there is not enough evidence

Well I'd probably try. Worst case scenario you're denied and you waste the money. At least tried and know whether you're denied or not. Not really a big deal then 'cause both ways you go home.

[Erthwhile 0]

I am in a similar situation as of your friend. She should consult an immigration attorney, and she should convince her husband to write an affidavit letter stating the marriage was entered in bona fide. that would help A LOT!

[Justine+David 218]

I am in a similar situation as of your friend. She should consult an immigration attorney, and she should convince her husband to write an affidavit letter stating the marriage was entered in bona fide. that would help A LOT!

Well, if the husband refuses to open a bank account with her, I doubt he'd write a letter...sorry OP

[JoannaV 174]

Would her husband consider marriage counselling? Firstly because it sounds like your friend is not 100% sure that the marriage is over, and secondly evidence of a serious attempt to save the marriage would help show that it was indeed a bona fide marriage.

[Brother Hesekiel 2,236]

Here's the thing: the 2-year obstacle was invented to sort out "fake" marriages.

In a "real" marriage, a loving relationship, the couple does things together. They celebrate holidays together, go on vacation or even little weekend getaways together, share finances, may have credit cards with the same card number, have joint car insurance and other insurances. Even after only 6 months, there should be "something."

I never had a marriage contract (which sounds like a business arrangement to me) and my wife and I didn't have a joint bank account until recently (as we have many bank accounts). But I was able without problems to show that we live together and join a life together.

"Your friend" can't show that, because she apparently doesn't live in a happy marriage. She never did, which is where the system is working as it should by telling the applicant that there's no hardship in losing what was never there in the first place. Whether that's due to fraud or because of a mistake in getting married doesn't really matter purely from an immigration perspective. If she can't PROVE that she entered the marriage in good faith, she won't be able to remove conditions on her own. That said, ROC is still far away on the horizon, and she needs to be divorced anyway. Yet staying in an unpleasant marriage purely for immigration benefits seems to be the wrong strategy. If I was her, I would start collecting evidence like crazy.

[Okalian 41]

I never had a marriage contract (which sounds like a business arrangement to me)

I think he was referring to the marriage certificate

[Gumbolette 58]

Here's the thing: the 2-year obstacle was invented to sort out "fake" marriages.

In a "real" marriage, a loving relationship, the couple does things together. They celebrate holidays together, go on vacation or even little weekend getaways together, share finances, may have credit cards with the same card number, have joint car insurance and other insurances. Even after only 6 months, there should be "something."

I never had a marriage contract (which sounds like a business arrangement to me) and my wife and I didn't have a joint bank account until recently (as we have many bank accounts). But I was able without problems to show that we live together and join a life together.

"Your friend" can't show that, because she apparently doesn't live in a happy marriage. She never did, which is where the system is working as it should by telling the applicant that there's no hardship in losing what was never there in the first place. Whether that's due to fraud or because of a mistake in getting married doesn't really matter purely from an immigration perspective. If she can't PROVE that she entered the marriage in good faith, she won't be able to remove conditions on her own. That said, ROC is still far away on the horizon, and she needs to be divorced anyway. Yet staying in an unpleasant marriage purely for immigration benefits seems to be the wrong strategy. If I was her, I would start collecting evidence like crazy.

Since you mention that joint bank accounts are really not that of a significant, I would like to ask if whatever my husband and I have right now would be enough to show to USCIS that we indeed have bonafide marriage.

My husband and I are still establishing ourselves. I am in school and he is fresh grad in college and recently just got a job., what we only have right now are;

• Joint apartment lease for more than 6 months now
  
• Car insurance coverage where me and him are under my mother in law's policy
  
• Pictures of our trips
• Mails that both show same address
• He claimed me as a dependent when he worked for his taxes
  
• My car is also under his name

are these enough???

Edited October 31, 2010 by Cutie_Patootie