My friend's Wife

[Samsonw 0]

My friend was falsely accused by his wife in order to get her green card as as an abused spouse. But he was not found guilty of any crime(felony.) However, the civil court put a restraining order on him. He has been a very good husband to her and her families. His ex-wife is a very manipulative and bad person. She has been living on a 2 year conditional visa. She was married before but she never told my friend that she was married. My question is: 1) Will the immigration believe her lies and grant her a permanent visa? 2) Does he need to go to the immigration center to expose her lies? Or Does he need just inform the immigration about his wife and request a removal of the conditional visa. Thank you very much.

[Navyk 78]

I see that no one responded to this. My guess is that your frined's wife is under the 2 years conditional green card. Generally the condition is lifted after an interview indicating that your friend and his wife were living together. But this case is different and in my opinion:

1. The immigration officer may certainly want to talk to your friend before lifting the conditions and issuing a permanent residency status. The conditional green card is issued based on marraige for 2 years, so they get to know that it is a legal marraige and not a fraud.

2. It is best your friend wait till he is contacted by the immigration office to present the true facts and leave the rest.

[Krikit 1,163]

Moving from IR-1/CR-1 Process to Effects of Major Changes. You'll get an answer there.

[Deputy Purple 1,294]

I see that no one responded to this. My guess is that your frined's wife is under the 2 years conditional green card. Generally the condition is lifted after an interview indicating that your friend and his wife were living together. But this case is different and in my opinion:

1. The immigration officer may certainly want to talk to your friend before lifting the conditions and issuing a permanent residency status. The conditional green card is issued based on marraige for 2 years, so they get to know that it is a legal marraige and not a fraud.

2. It is best your friend wait till he is contacted by the immigration office to present the true facts and leave the rest.

Wrong in every way.

The instant they are divorced she can file to Remove Conditions with the "Divorce Waiver" and his further input is neither required or requested. She will need to prove that she entered the marriage in good faith by proving they co-habitated & co-mingled finances.

His original Affidavit of Support will remain in effect until she dies, abandons LPR Status, Naturalizes or works 40 quarters.

If he has clear proof of Immigration Fraud no her part then he should contact ICE ASAP so they can log the info prior to her ROC Filing.

If they are divorced he should notify USCIS of the divorce and she may be ordered removed if she doesn't file for ROC early as she is required.

[mike411 15]

Your friend needs to call USCIS and report her with what ever evidence he has. I don't think it will take much to start and investigation on the ex-wife. Her 2 year conditional visa will change to 6 months where she will need to renewal every 6 months until the investigation ends. She will not be able to leave the country or she won't be able to return.

This is happening a girl I know. Husband was not good and told her to stay or he will call USCIS. She walked and he called. She's on that 6 month renewal for 3 years now. I don't think USCIS will do more since no evidence. But she did have to hire a lawyer and no international trips. She was from Japan.

[3600rs 24]

My question is: 1) Will the immigration believe her lies and grant her a permanent visa?

USCIS believes no ones truths and no ones lies! What its believes in is justice through documentary evidence and not what the husband and wife said against each other. Fraud, good faith and abuse - all need documentary evidence.

2) Does he need to go to the immigration center to expose her lies? Or Does he need just inform the immigration about his wife and request a removal of the conditional visa. Thank you very much.

He can do whatever he wants, no ones stopping him. But without full convincing proof of fraud his attempts to remove his wife out of the country will be a full blow failure.

[3600rs 24]

If they are divorced he should notify USCIS of the divorce and she may be ordered removed if she doesn't file for ROC early as she is required.

Wrong! You stand corrected. The USCIS may move to terminate the status for failure to file the divorce waiver, she will still have a day in court and can file the waiver. There is no direct removal order after divorce.

[Samsonw 0]

I see that no one responded to this. My guess is that your frined's wife is under the 2 years conditional green card. Generally the condition is lifted after an interview indicating that your friend and his wife were living together. But this case is different and in my opinion:

1. The immigration officer may certainly want to talk to your friend before lifting the conditions and issuing a permanent residency status. The conditional green card is issued based on marraige for 2 years, so they get to know that it is a legal marraige and not a fraud.

2. It is best your friend wait till he is contacted by the immigration office to present the true facts and leave the rest.

My friend has already contacted ICE by phone and mailed a letter to the immigration district and local office. No one contacted him yet. I am sure she hired a lawyer by now. She planned everything. People from his country and after she arrived in the US warned him but he trusted her. All the money she made, she kept it for herself, no sharing a penny. Then she accused him of forcing her to have sex(rape), threatened her life, etc. But the civil court did not believe her. That is why the case was a felony. Trying to get her green card is one thing but trying to destroy someone's life is evil.

Thank you all for responding to my questions. If you have further useful information, you can post it here. God bless.

[Deputy Purple 1,294]

Wrong! You stand corrected. The USCIS may move to terminate the status for failure to file the divorce waiver, she will still have a day in court and can file the waiver. There is no direct removal order after divorce.

Actually I remain standing uncorrected...

Show me where I said she will be directly ordered removed. What I said is that she may be ordered removed.

She is supposed to file for ROC within 30 days of the divorce being finalized. If USCIS becomes aware of the divorce sure they'll give her a day in court but if she hasn't filed ROC what are the chances she's filed a change of address? If she doesn't receive the notice and misses her court date then she will be ordered removed in absentia.

[3600rs 24]

Actually I remain standing uncorrected...

Show me where I said she will be directly ordered removed. What I said is that she may be ordered removed.

She is supposed to file for ROC within 30 days of the divorce being finalized. If USCIS becomes aware of the divorce sure they'll give her a day in court but if she hasn't filed ROC what are the chances she's filed a change of address? If she doesn't receive the notice and misses her court date then she will be ordered removed in absentia.

Its only now you enlist the steps between divorce and order of removal in your last paragraph. A novice poster, who has no clue about the process would assume that divorce automatically triggers a removal order. Now your post has more clarity and has become all the more interesting. You have now brought in the removal order because of absentia and not for good faith marriage (the posters original concern).

Well, that said, I will leave you remain standing uncorrected.

Edited July 20, 2011 by 3600rs

[Harsh_77 716]

Did she get a divorce from the previous marriage?

If she was not divorced when they got married and if your friend can prove that, then the marriage itself would be nullified and hence she cannot do an AOS as there is no valid marriage.

If she was divorced and she did not disclose it to your friend, then there is not much he can do about it.

Just going to USCIS would not do much as you will have your side of story and she will have her side of story whom to believe unless one has strong proof and your friend can prove this marriage was sham by her and it was just for purpose of immigration there would not be much happening.

[Samsonw 0]

Did she get a divorce from the previous marriage?

If she was not divorced when they got married and if your friend can prove that, then the marriage itself would be nullified and hence she cannot do an AOS as there is no valid marriage.

If she was divorced and she did not disclose it to your friend, then there is not much he can do about it.

Just going to USCIS would not do much as you will have your side of story and she will have her side of story whom to believe unless one has strong proof and your friend can prove this marriage was sham by her and it was just for purpose of immigration there would not be much happening.

Well, while she was married to her former husband, she started the immigration process. Since he was living here in the US, he was not aware of it. Then she divorced the former husband and legally got married just to come to America. She admitted in the civil court that she never disclosed her previous marriage to her current husband(now ex-husband, of course.). And on her visa application she never disclosed her prior marriage either. She is a con artist.

[Deputy Purple 1,294]

Well, while she was married to her former husband, she started the immigration process. Since he was living here in the US, he was not aware of it. Then she divorced the former husband and legally got married just to come to America. She admitted in the civil court that she never disclosed her previous marriage to her current husband(now ex-husband, of course.). And on her visa application she never disclosed her prior marriage either. She is a con artist.

If he can prove that she wasn't free to marry when the I-129f was filed or that she lied about her marital history on the Visa Application then he should present this evidence to ICE.

[Kathryn41 3,205]

I think this is a really important consideeration - if your friend has proof - and it appears he does from her admission in court - that she did not disclose her previous marriage to an American and had intended to immigrate through him, then she has misrepresented herself to USCIS and that is considered a serious immigration 'crime - one that can lead to removal of her status and deportation'. With this type of documentary evidence they will definitely review her file as it is no longer just a 'bitter spouse' who is filing a complaint. She herself has admitted to committing immigration fraud in front of a judge. Have your friend get the Court transcripts and even affidavits from those who heard her admission - whatever there is that shows she lied about her previous marriage and have him submit the evidence to ICE. (Please have him keep copies!). They will definitely be interested.

[Samsonw 0]

I think this is a really important consideeration - if your friend has proof - and it appears he does from her admission in court - that she did not disclose her previous marriage to an American and had intended to immigrate through him, then she has misrepresented herself to USCIS and that is considered a serious immigration 'crime - one that can lead to removal of her status and deportation'. With this type of documentary evidence they will definitely review her file as it is no longer just a 'bitter spouse' who is filing a complaint. She herself has admitted to committing immigration fraud in front of a judge. Have your friend get the Court transcripts and even affidavits from those who heard her admission - whatever there is that shows she lied about her previous marriage and have him submit the evidence to ICE. (Please have him keep copies!). They will definitely be interested.

Thank you very much for your responses. My friend mailed the court transcript to the national and local immigration offices on which she admitted that she never disclosed her prior marriage to him until recently. In the civil court where she testified how he abused her, she was crying, crying and crying! I hope ICE/immigration doesn't buy her stories. She is a narcissist. She is a very cruel, selfish individual I have even seen in my life. I hope "what comes around goes around" applies to her. And I hope my friend will do fine in life. He is such a good person not only to me but to every one.