On Temporary Green Card and filed for Divorce

[txhell 0]

I got married in Jan of 2010, my wife's port of entry date was July 16, 2010. She currently has a Temp Green Card. She decided that she did not like me working all day and other things and left on Oct 22, 2010. I have filed for divorce, she would not sign the divorce papers, so I had to serve her. That will be done next week and in 60 days after it will be final.

After she left she started accusing me of drinking heavily and abusing her..which is not true might I add, and all sorts of other things.

That being said, after the community got ear of that, my business went in the gutters because no one wants to call a "drunk"

Question is:

What happens to her Temp green card after divorce final?

honestly I think she just came to bring the rest of her family over, I say this because all she pressured me to do was hurry and file on her behalf for her mother and sister.

not once but I would say almost every other day.

Do I cancel my I130?

Do I notify USCIS?

Will she be able to stay? kind of hoping not...

[amesa 9]

Sounds to me like fraud...she didn't have any intention on staying with you at all. I would report the case to ICE. You can't do anything with your petitionas it was already approved. When it comes time for her to remove conditions, you will need to explain about the situation.

There are more people better qualified on this board to answer your question, but if it were me, I would be calling ICE immediately...and I would have taken a step back initially when she started bugging you so much about bringing over her family. That, to me, is a huge red light for being used...and that is me speaking from experience.

Good luck!

[VanessaTony 3,567]

She doesn't lose her GC at divorce BUT she is supposed to remove conditions immediately.

Did she file police reports against you for abuse? Or just go around town accusing you of being a drunk?

She could be getting ready to accuse you of abuse so she can get her permanent GC based on abuse. If she hasn't called the police I would file harassment charges and a restraining order against her. Then I would report her to ICE and let them know you're getting a divorce and when it's effective.

Unless you have proof she married you for the GC then there's nothing you can do. She doesn't even need to accuse you of abuse to get the GC. She can file by herself once you're divorced so sorry, nothing you can do.

[rika60607 215]

After divorce she will have to file for removal of conditions, which may or may not be granted - that is up to USCIS. USCIS will determine if she can stay or not.

You can not at this point cancel I-130 or affidavit of support.

What you can and should do, is notify USCIS in writing about your divorce. Unless you have a solid proof of fraud, there is no point in calling ICE.

Pressuring you into filing for her mother and sister was silly, as you do not have the right to do so. Accusing you of being a drunk - who did she talk to? She must speak English well and be quite a charmer, to get the ear of your community so quickly.

I got married in Jan of 2010, my wife's port of entry date was July 16, 2010. She currently has a Temp Green Card. She decided that she did not like me working all day and other things and left on Oct 22, 2010. I have filed for divorce, she would not sign the divorce papers, so I had to serve her. That will be done next week and in 60 days after it will be final.

After she left she started accusing me of drinking heavily and abusing her..which is not true might I add, and all sorts of other things.

That being said, after the community got ear of that, my business went in the gutters because no one wants to call a "drunk"

Question is:

What happens to her Temp green card after divorce final?

honestly I think she just came to bring the rest of her family over, I say this because all she pressured me to do was hurry and file on her behalf for her mother and sister.

not once but I would say almost every other day.

Do I cancel my I130?

Do I notify USCIS?

Will she be able to stay? kind of hoping not...

[txhell 0]

Yes she is quite the charmer and knows pretty good english, she had me fooled! They was our community works is if you tell like 2 ppl, it spreads like CNN. I got it taken care of now, after alot of explaining, business is starting to pick up again, but still not what it used to be.

No police filings or anything. Just lying away.

After reading it raised another question..

What IF she doesn't ROC after divorce? She not that smart, so I am now wondering what happens if the ROC is not done immediately.

Thank you all for the help

[milimelo 4,500]

Yes she is quite the charmer and knows pretty good english, she had me fooled! They was our community works is if you tell like 2 ppl, it spreads like CNN. I got it taken care of now, after alot of explaining, business is starting to pick up again, but still not what it used to be.

No police filings or anything. Just lying away.

After reading it raised another question..

What IF she doesn't ROC after divorce? She not that smart, so I am now wondering what happens if the ROC is not done immediately.

Thank you all for the help

USCIS these days sends a reminder that you should file for ROC. If she doesn't file for ROC they start removal proceedings and then come get her - she is out of status and deportable.

[VanessaTony 3,567]

Yes she is quite the charmer and knows pretty good english, she had me fooled! They was our community works is if you tell like 2 ppl, it spreads like CNN. I got it taken care of now, after alot of explaining, business is starting to pick up again, but still not what it used to be.

No police filings or anything. Just lying away.

After reading it raised another question..

What IF she doesn't ROC after divorce? She not that smart, so I am now wondering what happens if the ROC is not done immediately.

Thank you all for the help

If she hasn't filed a police report it is in YOUR best interest to file a restraining order against her and report her to ICE. Now you can't really accuse her of fraud without evidence BUT you can let them know (when and if she files for ROC) that she was making false accusations of abuse against you and that you have a restraining order against her.

The idea here is to protect yourself. So many times one person hasn't wanted to be "mean" by going to the police, or reporting to ICE and they've ended up with police at their door and accusations of assault and then the USC ends up with "spouse beater" on their record. It's important to remember you're not being mean, especially in your case where it's true. Contacting ICE or the police BEFORE she makes the accusations means you were aware she was trouble and makes it less likely they will simply believe her word.