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Meanderthal

Sadly separated, 2 Year coming up.. what to do?

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I will get right to the point here... my wife left me in May. Her 2-year will be up in February. Although I have been desperately trying to reconcile things and get her back, she says she is happy and has no desire to. Although everyone I have asked, including an immigration counselor, says I should just get the divorce and let her deal with it; I am reluctant to do so. Both because I would hate to see her get deported over something that could happen to anyone, and I still hope we can get back together someday.

So my question is, would it be wise to just stay separated, file the I-751 jointly with all the proof, and just be up-front in the interview? Or get the divorce and let her just file the waiver? It would be nice if we could just submit all the proof documents and not have to interview. We have a joint bank account, taxes for 2005, an apartment lease together, she's on my insurance, and car insurance. I could probably get some friends to sign affidavits, but I doubt my mother would she's pretty po'ed at her right now :blink:


July 8, 2004 – Got Married

July 26, 2004 – Mailed off form I-130, G325a’s

July 27, 2004 – I-130 Packet received by INS

August 10, 2004 – INS sends me “NOA1” - an I-797, Notice of Receipt of I-130.

August 20, 2004 – Mailed off form I-129, G325a’s

August 23, 2004 – I-129 Packet received by INS.

August 25, 2004 – INS sends me “NOA2” – I-797, Notice of Approval of I-130.

September 2, 2004 – INS sends me “NOA1” – I-797, Notice of Receipt of I-129.

September 24, 2004 – BCIS? Receives I-129 from California center.

September 27, 2004 – BCIS sends me another “NOA1” Notice for I-129.

October 11, 2004 – NVC sends me bill for form I-864 ($65.00) along with Choice of Agent 3032

October 16, 2004 – I receive the bill and Choice of Agent form. Fex-Ex back next day.

October 23, 2004 – NVC sends visa processing fee bill ($335.00)

October 29, 2004 – I receive 335.00 bill.

October 31, 2004 – INS sends me application I-864, affidavit of support.

November 3, 2004 – Overnight USPS payment to NVC.

November 12, 2004 – I receive application I-864.

November 15, 2004 - DS-230 generated.

November 17, 2004 – Sent off I-864, overnight delivery

November 22, 2004 - Received DS-230.

November 23, 2004 - DS -230 Fed exd to Paula

November 29, 2004 - Paula fed-exes DS-230 back to NVC

December 1, 2004 - DS-230 received by NVC

December 15, 2004 - NVC Case Completed but not sent yet...

December 21, 2004 - NVC Forwards case to Embassy in Caracas

December 23, 2004 - NVC Sends notice of case completion to me.

December 29, 2004 - Received the notice.

December 30, 2004 - Emailed embassy for further info.

January 3, 2005 - Embassy replies with Interview date/date to "pick up" med. info

January 10, 2005 - Medical Exam

January 14, 2005 - "Picked up" Med. Exam info and Packet 4.

January 26, 2005 - Interview succesful.

January 27, 2005 - Picked up Visa at Domesa.

February 2, 2005 - Passed through POE in Miami.

February 15, 2005 - Received "Welcome to US letter"

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a bit of a sticky one here..

my advice is to not do anything. Im not saying this to be nasty or anything but your wife really cant AOS this way if she is no longer your wife.. that comes back to fraud..

I would not get your friends involved by signing avidavits or anything, the less people you have involved the better for everyone.

it is nice that you want to do the right thing by your wife so she wont have any hassles but in the eyes of the USCIS if your marriage is no longer valid then neither is her path to adjust status.

Unless you and her have a valid marriage which has not broken down then she really has no choice or very little to remain here. It will be difficult no matter which way you guys go but the thing is .. be totally honest when dealing with immigration.. you will get caught out otherwise.

Good luck and best wishes...


I 130 & I129F (K3) and AOS info in timeline

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It sounds like fraud to me and people like that should not be granted anything. That is why I am in favor of raising the 2year time limit to 3.


May 2001 Met online

May 2005 Finally Made first visit

May 2006 Second visit

]uly 17, 2006 mailed I-129F to TSC

July 18, 2006 received delivery notification from USPS

July 21, 2006 NOA1 mailed from CSC

July 26, 2006 NOA1 received from CSC

Oct 20, 2006 NOA2

Nov 15 2006 Left NVC

Mar 1 2007 Interview Date

Mar 6 2007 Visa Granted

Mar 17 2007 JfK POE (enjoyed NY for a week)

Mar 25 2007 Arrived in the my cityb]

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I am sorry to hear your story, I dont know anything but for what you wrote, I think that the chances of you and you wife getting together are very very slim. You said that she is very happy and that she has no desire for the two of you to get back together. If I were you I would do eveything that I could to send her back to where she came from.

You are good man and try to do eveything to help her but dont try to get her, a permanent green card if the two are not together, write to the immigration department and tell them the truth that you dont live together, that things did not work out and you want your wife to be sent back to Venezuela.

A person filing for permanent green card can only continue with the process without the husband of she can prove that her husband is an abusive partner and you are not, right? The only help that I would provide to her would be to help her pack.

I am sorry to sound harsh, I wish you the best of luck and I hope that you find somebody that you love and that also loves you. It is out there somewhere.

Best of Luck

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I will get right to the point here... my wife left me in May. Her 2-year will be up in February. Although I have been desperately trying to reconcile things and get her back, she says she is happy and has no desire to. Although everyone I have asked, including an immigration counselor, says I should just get the divorce and let her deal with it; I am reluctant to do so. Both because I would hate to see her get deported over something that could happen to anyone, and I still hope we can get back together someday.

So my question is, would it be wise to just stay separated, file the I-751 jointly with all the proof, and just be up-front in the interview? Or get the divorce and let her just file the waiver? It would be nice if we could just submit all the proof documents and not have to interview. We have a joint bank account, taxes for 2005, an apartment lease together, she's on my insurance, and car insurance. I could probably get some friends to sign affidavits, but I doubt my mother would she's pretty po'ed at her right now :blink:

1-Where have you been? Love your nickname!

2-It is sad, but I do agree with "everyone". Immigration is her concern at this point. There are things you can do to be helpful to her without jeoprodising yourself legally. Emotionally, I'll leave that to someone else to discuss.

3-She will nto automatically get deported. Once divorced, she can file the I-751 on her own, with evidence that it was a bona fide marriage. That is where you can help her, by giving her the evidence she needs.

4-Look into it, but I don't think you can file the i-751 jointly if you are currently separated.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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It sounds like fraud to me and people like that should not be granted anything. That is why I am in favor of raising the 2year time limit to 3.

Fraud?! Oh, for Pete's sakes. Just because a couple separates does not mean that one of them had fraudulent intent! In the US, half of all separations leading to divorce happen within the first two years, which is why the time period is two years.

There is absolutely nothing whatsoever in the original post to indicate that the marriage was fraudulent. In fact, it seems to me like there's evidence in spades of a bona fide marriage.

God, I f'ing hate the people on this forum sometimes. Why is everyone so quick to assume that the immigrant must have only married for the green card? Have they never, ever had a relationship where one of the parties just couldn't be in the relationship anymore? Are they really unsure of their own spouses' intentions, that's why they assume all immigrants except the *one* they happened to marry are only after green cards? Do you realize how insulting that is to the original poster (and his wife, of course)?

To the OP: What Meauxna said is right on, on all counts.


Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

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It sounds like fraud to me and people like that should not be granted anything. That is why I am in favor of raising the 2year time limit to 3.

It totally makes me sick. What is it with you people? Someone is looking for advice and support, and all you have for him is criticism and insults.

If I were you I would do eveything that I could to send her back to where she came from.

You are good man and try to do eveything to help her but dont try to get her, a permanent green card if the two are not together, write to the immigration department and tell them the truth that you dont live together, that things did not work out and you want your wife to be sent back to Venezuela.

What is she, a parcel? You can't just send people back and forth the way you please, just because the marriage fell apart. The only thing USCIS cares about is the intent. If the intent was fraudulent, then yes, a person can be deported. But if the marriage just didn't work out, she can remove conditions on her own, and she's entitled to it.

It just amazes me how people would call any marriage that didn't work out "fraud".


08/24/2005 - Arrived in the U.S. as an F-1 student.

01/25/2006 - Married my LOVE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

***AOS***

08/29/2006 - Medical

09/13/2006 - Package sent to Chicago

09/15/2006 - Package received in Chicago

09/23/2006 - Checks cashed

09/25/2006 - NOA for I-130, AOS and EAD

09/26/2006 - All forms touched

10/05/2006 - I-130 and EAD touched

10/10/2006 - I-130 and EAD touched again

10/10/2006 - RFE for AOS (email). Grrr...

10/11/2006 - RFE received. It's for I-864...

.png

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I agree with Spark and Silly Chick. While it's unfortunate what happened, sometimes this will happen because of the cultural differences, and the fact that most of us dont' really spend that much time actually WITH our new spouses until after we are married and they come to the country. My wife and I went through a tough adjustment period (her adjusting to my unreasonable behaviors...lol) once she got here, and there was one point where I didn't think we were going to make it, nor did I care. However, I cared for her enough to tell her that whatever she wanted to do, stay here, go back, whatever, I would support her in that and put her wherever she wanted to be. In the end, we worked it out and passed through that time and now we are doing much, much better, and are a very happy couple.

I didn't want to make this about me...sorry...the point is you obviously care for this woman still, so, I wouldn't do anything negative, or "just let her deal with it" or whatever. You can still jointly file the I-751, and you can explain the situation in an affidavit, while making a clear statement that you has a valid relationship, got married to get married, and not to evade the immigration laws. You can also provide all the evidence and then let the chips fall where they may. The other option is to just do her the favor and go about it as if you were still together so she can get the permanent card - no one is likely to find out - how could they? That would be a selfless act for sure. Or, you could ask her what she wants for you to do...in the end, it's your decision.

I'm sorry that you are going through this, and wish you the best.

J

Edited by japau

August 27, 2004 - - Married

09/07/04. Apply I-130 - (receipt date) (Day 1/NA/NA)

10/12/04. I-130 Approved - (Day 35/NA/NA)

10/16/04. NVC Receives Case (Day 39/Day 1/NA)

11/08/04. NVC Assigns Case Number (Day 62/Day 23/Day 1)

12/06/04. I-864 and IV fees sent out express (Day 88/Day 49/Day 26)

12/20/04. I-864 and DS-230 "generated" (Day 102/Day 63/Day 40)

01/07/05. I-864 and DS-230 sent express (Day 120/Day 81/Day 58)

01/10/05. I-864 and DS-230 Rec'd at NVC (Day 123/Day 84/Day 61)

01/12/05. NVC reports receipt of papers and begins entering information (Day 125/Day 86/Day 63)

01/14/05. System updated with "biographic forms received" message. (Day 127/Day 88/Day 65)

02/03/05. Case APPROVED and forwarded to EMBASSY! (Day 147/Day 108/Day 85)

02/10/05. Embassy receives case, interview appointment arranged via email for 03/03/05!

SUCCESS! VISA 'INTERVIEW' WITH NO QUESTIONS TO MY WIFE AT ALL COMPLETED ON 03-03-05. VISA IN HAND ON 03-04!!! DAY 175 (AFTER SENDING I-130) - DAY 136 (AFTER RECEIPT OF CASE AT NVC) - DAY 113 (AFTER ASSIGNMENT OF CASE NUMBER)

REMOVAL OF CONDITIONS

01/08/07. I-751 Mailed to TSC

01/11/07. Checks Cashed

01/22/07. I-797C Received. Green Card Extended 12 Months

02/08/07. Bimoetrics appointment (for 3/01) received

03/01/07. Biometrics Taken in Tampa

03/02/07. Online - Record - Updated (probably for biometrics)

06/04/07. Card Production Ordered (Allow 30 days for delivery)

06/11/07. 10 year card received.

NATURALIZATION

04/08/08. Filed application

08/01/01. Received Interview Date (September 25)

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It sounds like fraud to me and people like that should not be granted anything. That is why I am in favor of raising the 2year time limit to 3.

It totally makes me sick. What is it with you people? Someone is looking for advice and support, and all you have for him is criticism and insults.

If I were you I would do eveything that I could to send her back to where she came from.

You are good man and try to do eveything to help her but dont try to get her, a permanent green card if the two are not together, write to the immigration department and tell them the truth that you dont live together, that things did not work out and you want your wife to be sent back to Venezuela.

What is she, a parcel? You can't just send people back and forth the way you please, just because the marriage fell apart. The only thing USCIS cares about is the intent. If the intent was fraudulent, then yes, a person can be deported. But if the marriage just didn't work out, she can remove conditions on her own, and she's entitled to it.

It just amazes me how people would call any marriage that didn't work out "fraud".

You know, dealing with this issue currently, when our divorce first came up, I was fine with letting her file by herself, provided her with some "documents" regarding the marriage.

Then, she started proposing manufacturing fraudulent documents. Then she started monkeying with my financial accounts and insurance.

I can't prove she entered the relationship with fraudulent intent. I can't even PROVE to the INS that she proposed to create fraudulent documents with my co-operation, but I did decide to raise that flag with the USCIS.

Someone who does fraudulent things, well, they may have had all kinds of intent. But the fact is, it's not up to us, as the USC to prove fraudulent intent, or not. It's up to the petitioner and the USCIS solely.

If the USC chooses to provide "documentation" of the bona fide marriage the alien spouse will likely be able to file on her own with a waiver, but if the marriage is over, you can not file jointly.

As some people have said, just because the marriage didnt work out doesn't mean there was fraudulent intent. But just because the marriage didn't work out doesn't mean there WASN'T either... more than one have entered this relationship thinking "I'll try it out and if it doesn't work, well at least now I'm in America..." That could certainly be construed as fraudulent intent, like it or not...

The bottom line is it will be between the alien spouse as sole petitioner, requesting a waiver of the joint filing and the USCIS.

I was more than willing to let my ex- pursue her waiver on her own and then she started monkeying with things and proprosing other fraudulent activities, such as falsification of documents. That is the information I gave to the USCIS, I don't want to be complicit in the event she DOES attempt to falsify her documents.

-- Dan

. The other option is to just do her the favor and go about it as if you were still together so she can get the permanent card - no one is likely to find out - how could they? That would be a selfless act for sure.

I'm sorry that you are going through this, and wish you the best.

J

You have just proposed that this person commit Immigration Fraud with that statement.

"go about it as if you were still together, so she can get her card... no one is likely to find out - how could they"

That is FRAUD. Plain and simple.

That is NOT a selfless act. That is IMMIGRATION FRAUD, pure and simple, and you've just suggested that they commit this crime.

-- Dan

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I will get right to the point here... my wife left me in May. Her 2-year will be up in February. Although I have been desperately trying to reconcile things and get her back, she says she is happy and has no desire to. Although everyone I have asked, including an immigration counselor, says I should just get the divorce and let her deal with it; I am reluctant to do so. Both because I would hate to see her get deported over something that could happen to anyone, and I still hope we can get back together someday.

So my question is, would it be wise to just stay separated, file the I-751 jointly with all the proof, and just be up-front in the interview? Or get the divorce and let her just file the waiver? It would be nice if we could just submit all the proof documents and not have to interview. We have a joint bank account, taxes for 2005, an apartment lease together, she's on my insurance, and car insurance. I could probably get some friends to sign affidavits, but I doubt my mother would she's pretty po'ed at her right now :blink:

1-Where have you been? Love your nickname!

2-It is sad, but I do agree with "everyone". Immigration is her concern at this point. There are things you can do to be helpful to her without jeoprodising yourself legally. Emotionally, I'll leave that to someone else to discuss.

3-She will nto automatically get deported. Once divorced, she can file the I-751 on her own, with evidence that it was a bona fide marriage. That is where you can help her, by giving her the evidence she needs.

4-Look into it, but I don't think you can file the i-751 jointly if you are currently separated.

:yes::yes::yes:


24 June 2007: Leaving day/flying to Dallas-Fort Worth

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-- Dan

. The other option is to just do her the favor and go about it as if you were still together so she can get the permanent card - no one is likely to find out - how could they? That would be a selfless act for sure.

I'm sorry that you are going through this, and wish you the best.

J

You have just proposed that this person commit Immigration Fraud with that statement.

"go about it as if you were still together, so she can get her card... no one is likely to find out - how could they"

That is FRAUD. Plain and simple.

That is NOT a selfless act. That is IMMIGRATION FRAUD, pure and simple, and you've just suggested that they commit this crime.

-- Dan

First of all, it is not FRAUD - it's not even fraud. When they got married, they didn't commit fraud (which is the intent to evade the immigration laws). Therefore, that couldn't turn into fraud today. If you actually care to look at an I-751, the only way to file separately (in this type of instance) is if the marriage ended by divorce or annulment, so separation doesn't count. Therefore, again, no fraud. Third, as I stated (without YELLING) fraud requires the intent to evade the immigration laws (I'm an attorney). Just filing an I-751 while separated providing the evidence that there was avalid relationship at the time of immigration and thereafter as required (nothing in the form states that there must not be a separation pending) is not fraud. Finally, you never know, this couple might work out their problems, so what, then they have to go through the whole immigration thing again with the black mark of abandoning the process on it?

It's obvious that you're angry and bitter, and that's ok (the country is full of Republicans). However, you don't know what you're talking about (on the fraud issue) so you really shouldn't be commenting on this issue, or accusing people of committing crimes or that I suggested another commit a crime where you so obviously don't undertsand the legalities...capische?

J

Edited by japau

August 27, 2004 - - Married

09/07/04. Apply I-130 - (receipt date) (Day 1/NA/NA)

10/12/04. I-130 Approved - (Day 35/NA/NA)

10/16/04. NVC Receives Case (Day 39/Day 1/NA)

11/08/04. NVC Assigns Case Number (Day 62/Day 23/Day 1)

12/06/04. I-864 and IV fees sent out express (Day 88/Day 49/Day 26)

12/20/04. I-864 and DS-230 "generated" (Day 102/Day 63/Day 40)

01/07/05. I-864 and DS-230 sent express (Day 120/Day 81/Day 58)

01/10/05. I-864 and DS-230 Rec'd at NVC (Day 123/Day 84/Day 61)

01/12/05. NVC reports receipt of papers and begins entering information (Day 125/Day 86/Day 63)

01/14/05. System updated with "biographic forms received" message. (Day 127/Day 88/Day 65)

02/03/05. Case APPROVED and forwarded to EMBASSY! (Day 147/Day 108/Day 85)

02/10/05. Embassy receives case, interview appointment arranged via email for 03/03/05!

SUCCESS! VISA 'INTERVIEW' WITH NO QUESTIONS TO MY WIFE AT ALL COMPLETED ON 03-03-05. VISA IN HAND ON 03-04!!! DAY 175 (AFTER SENDING I-130) - DAY 136 (AFTER RECEIPT OF CASE AT NVC) - DAY 113 (AFTER ASSIGNMENT OF CASE NUMBER)

REMOVAL OF CONDITIONS

01/08/07. I-751 Mailed to TSC

01/11/07. Checks Cashed

01/22/07. I-797C Received. Green Card Extended 12 Months

02/08/07. Bimoetrics appointment (for 3/01) received

03/01/07. Biometrics Taken in Tampa

03/02/07. Online - Record - Updated (probably for biometrics)

06/04/07. Card Production Ordered (Allow 30 days for delivery)

06/11/07. 10 year card received.

NATURALIZATION

04/08/08. Filed application

08/01/01. Received Interview Date (September 25)

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First of all, it is not FRAUD - it's not even fraud. When they got married, they didn't commit fraud (which is the intent to evade the immigration laws). Therefore, that couldn't turn into fraud today.

to propose to someone to "go about it as if you were still together, so she can get her card" is proposing to them to commit a FRAUDULENT act... as they are not still together...

Third, as I stated (without YELLING) fraud requires the intent to evade the immigration laws (I'm an attorney).

Then shame on you, you should know better....

However, you don't know what you're talking about (on the fraud issue) so you really shouldn't be commenting on this issue, or accusing people of committing crimes or that I suggested another commit a crime where you so obviously don't undertsand the legalities...capische?

I think you don't understand the legalities of your own actions to propose to someone to "PRETEND" an occurance "just so she can get her card".

It's fraudulent, blatantly.

-- Dan

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-- Dan

. The other option is to just do her the favor and go about it as if you were still together so she can get the permanent card - no one is likely to find out - how could they? That would be a selfless act for sure.

I'm sorry that you are going through this, and wish you the best.

J

You have just proposed that this person commit Immigration Fraud with that statement.

"go about it as if you were still together, so she can get her card... no one is likely to find out - how could they"

That is FRAUD. Plain and simple.

That is NOT a selfless act. That is IMMIGRATION FRAUD, pure and simple, and you've just suggested that they commit this crime.

-- Dan

First of all, it is not FRAUD - it's not even fraud. When they got married, they didn't commit fraud (which is the intent to evade the immigration laws). Therefore, that couldn't turn into fraud today. If you actually care to look at an I-751, the only way to file separately (in this type of instance) is if the marriage ended by divorce or annulment, so separation doesn't count. Therefore, again, no fraud. Third, as I stated (without YELLING) fraud requires the intent to evade the immigration laws (I'm an attorney). Just filing an I-751 while separated providing the evidence that there was avalid relationship at the time of immigration and thereafter as required (nothing in the form states that there must not be a separation pending) is not fraud. Finally, you never know, this couple might work out their problems, so what, then they have to go through the whole immigration thing again with the black mark of abandoning the process on it?

It's obvious that you're angry and bitter, and that's ok (the country is full of Republicans). However, you don't know what you're talking about (on the fraud issue) so you really shouldn't be commenting on this issue, or accusing people of committing crimes or that I suggested another commit a crime where you so obviously don't undertsand the legalities...capische?

J

It is Fraud, or even FRAUD to purport that they are still an ongoing married couple and are seeking a 10 year GC on that basis when they are actually seperated.

The best thing the OP could do for his soon to be ex is divorce her, as soon as she is divorced shhe can file in her own right.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The other option is to just do her the favor and go about it as if you were still together so she can get the permanent card - no one is likely to find out - how could they?

Hmm. If you believe that the 'opinion' you offered for the couple to feign that they are still in a viable marriage is completely above board, in the legal sense, why would you also write....

no one is likely to find out - how could they?

Am I to believe that if someone *did* find out, the 'opinion' you've offered might not be good counsel?

First of all, it is not FRAUD - it's not even fraud. When they got married, they didn't commit fraud (which is the intent to evade the immigration laws). Therefore, that couldn't turn into fraud today.

Ok, I see we're involved in a battle of semantics. To sustain a claim of fraud, one would have to prove that (1) a representation was made; (2) the representation was false (3) the false representation was material (4) the individual(s) that made the representation knew it was false (5) the individual(s) intent was that the representation be relied upon; and (6) the representation was relied upon to the hearer's detriment.

Knowing that, there are many cases of unilateral fraud, where one party is the tool and non-the-wiser. While it appears in the instant case that the OP married for genuine reasons, we do not know what his wife's intentions were at the time they married. As a lawyer, I'd think it would be standard practice for you to have all the facts before making any judgment, and especially one that is so resolute. That said, if both parties entered the marriage with bona fide intent, then to feign a viable marriage at a point in the process where there are clear options available to the alien to remove conditions from her permanent residency alone, would be misrepresentation, which, if material could have precarious implications on her future stay in the USA. Not wise counsel, in my opinion!

There are many ways to perpetrate fraud. There's an act of fraud against a government agency (as in securing a benefit to which one was not rightfully due), and then there is the act of defrauding a person (gaining a benefit from another person, through misrepresentation, who would not have offered it had h/she known of the falsity).

What is clear from your 'opinion' is that you are guiding someone to circumvent the adminstrative code and immigration regulations and procedure...which I would suspect would not be a sound policy. NSC issued a memo in December 2004, which was then revised in early 2005, apprising aliens that are in a period of separation at the time the I-751 should be filed, to inform their Service Centre that they are currently separated. A waiver cannot be submitted until a divorce decree is available.

In the event that this party filed a joint I-751 and subsequently divorced, the alien would have to withdraw the joint petition and replace it with a waiver later on anyway.

As Boiler recommended, if the OP is intent on his wife having success in removing conditions, and she is resolute that he marriage is at a terminal status, he should provide her with the bona fides that they have acquired during the marriage, and comply with her request to divorce so that a decree will be available for her to file the waiver in a timely fashion.

Edited by diadromous mermaid

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Wow this is a lot to digest. I can say the marriage was indeed valid from the get-go. We haven't signed any separation agreement or anything, at this point just living apart... So is this truly a separation in the eyes of the law?

I really appreciate everyone's reply this is all very enlightening.


July 8, 2004 – Got Married

July 26, 2004 – Mailed off form I-130, G325a’s

July 27, 2004 – I-130 Packet received by INS

August 10, 2004 – INS sends me “NOA1” - an I-797, Notice of Receipt of I-130.

August 20, 2004 – Mailed off form I-129, G325a’s

August 23, 2004 – I-129 Packet received by INS.

August 25, 2004 – INS sends me “NOA2” – I-797, Notice of Approval of I-130.

September 2, 2004 – INS sends me “NOA1” – I-797, Notice of Receipt of I-129.

September 24, 2004 – BCIS? Receives I-129 from California center.

September 27, 2004 – BCIS sends me another “NOA1” Notice for I-129.

October 11, 2004 – NVC sends me bill for form I-864 ($65.00) along with Choice of Agent 3032

October 16, 2004 – I receive the bill and Choice of Agent form. Fex-Ex back next day.

October 23, 2004 – NVC sends visa processing fee bill ($335.00)

October 29, 2004 – I receive 335.00 bill.

October 31, 2004 – INS sends me application I-864, affidavit of support.

November 3, 2004 – Overnight USPS payment to NVC.

November 12, 2004 – I receive application I-864.

November 15, 2004 - DS-230 generated.

November 17, 2004 – Sent off I-864, overnight delivery

November 22, 2004 - Received DS-230.

November 23, 2004 - DS -230 Fed exd to Paula

November 29, 2004 - Paula fed-exes DS-230 back to NVC

December 1, 2004 - DS-230 received by NVC

December 15, 2004 - NVC Case Completed but not sent yet...

December 21, 2004 - NVC Forwards case to Embassy in Caracas

December 23, 2004 - NVC Sends notice of case completion to me.

December 29, 2004 - Received the notice.

December 30, 2004 - Emailed embassy for further info.

January 3, 2005 - Embassy replies with Interview date/date to "pick up" med. info

January 10, 2005 - Medical Exam

January 14, 2005 - "Picked up" Med. Exam info and Packet 4.

January 26, 2005 - Interview succesful.

January 27, 2005 - Picked up Visa at Domesa.

February 2, 2005 - Passed through POE in Miami.

February 15, 2005 - Received "Welcome to US letter"

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