How do I find out the current immigration status of Ex?

[clueless55 18]

Briefly...

Brought my Ex here on a k1, and we married in October 2008.

She got her conditional green card in May 2009.

We separated due to her infidelity in July 2010.

Divorce granted in Nevada, in March 2011

Her conditional green card expired in May 2011.

I have heard nothing from USCIS about her filing under VAWA, or attempting to get the ten year green card on her own.

I did fill her USCIS file up with sufficient evidence to prove that marriage failed due to her actions. There never was any abuse on my part, or even claims from her of it.

My question is, how can I find out if she attempting to file on her own? Can I assume if I have heard nothing, she is on illegal status?

I have not heard from her since April, but today I get a short email asking if I am willing to provide her a plane ticket back to China, as I told her during our separation. She said she wants to go back.

My thoughts are, if she leaves the US, my liability is over....as far as sponsorship.

No...I wouldn't give her cash, but possibly a non-transferable, one way ticket....IF I knew it was to my advantage.

[Anh map 2,098]

USCIS will not inform you of your former spouse's immigration status.

[joonphon 7]

Can't believe people can't even buy their own plane ticket to go back home....

[joonphon 7]

wait.. she's out of status since May 2011. Shouldn't she be out of the country by then? hmmmm maybe she already applied for her 10 year green card.. wants to visit home.. thinking might be able to trick you to buy her a plane ticket? I don't know. Don't think you'll be able to check out her status..

[trillium13 84]

If you're divorced, what she does now is between her and USCIS. You're no longer part of it, other than being responsible for your sponsorship. If you want to know what her status is, you need to ask her, because USCIS won't tell you anything.

[Brother Hesekiel 2,236]

You can't assume anything. She may have removed conditions on her own, she may have abandoned her residency and returned to her home country. Whatever she did, it's none of your business anymore and nobody will give you any information about this as it's privileged information, not public record.

[Piso Envy 5]

A: By doing casual social enginering, excerizing common sence, and being 1% as clever as your chess mate and her woman's advocacy droogs.

If she was granted relief under VAWA, her status was adjusted w/o concern for that I-864 Affidavit of Support you signed. It was not needed for her to adjust under VAWA.

You can not be held liable to pay unitemized invoices for unmentionable fraudsters and the secret confidential bills and services they rack up.

Are ya gonna pay a bill wihout knowing exactly what its for? What court of law is going to inforce such nonsence?

Hope you escaped the sitiation w/o a domestic situation on your police record. Chalk it up, go forward, don't look back.

Edited November 3, 2011 by Piso Envy

[JimVaPhuong 4,863]

A: By doing casual social enginering, excerizing common sence, and being 1% as clever as your chess mate and her woman's advocacy droogs.

If she was granted relief under VAWA, her status was adjusted w/o concern for that I-864 Affidavit of Support you signed. It was not needed for her to adjust under VAWA.

You can not be held liable to pay unitemized invoices for unmentionable fraudsters and the secret confidential bills and services they rack up.

Are ya gonna pay a bill wihout knowing exactly what its for? What court of law is going to inforce such nonsence?

Hope you escaped the sitiation w/o a domestic situation on your police record. Chalk it up, go forward, don't look back.

She got a conditional green card through the marriage. The affidavit of support has already been accepted, and is enforceable. If she used VAWA it would be to remove conditions - NOT to adjust status. The affidavit of support would remain enforceable if she successfully removed conditions on her own, either using VAWA or based on good faith marriage ending in divorce. The contract portion of the I-864 is pretty clear on this.

To the OP: USCIS will not contact you if she attempts to remove conditions on her own. It's possible, however, that USCIS may send correspondence to her at your address if she never filed an AR-11 form with them. For example, if she didn't file to remove conditions and USCIS wanted to send a notice of intent to start removal proceedings then they might send it to your address. If it isn't addressed to you then don't open it - that would be a federal crime. On the other hand, I don't suppose there would be any harm in peeking through the cellophane window on the envelope.

If she's asking you to pony up for a ticket home then I think you've got the right to pry a little and ask about her immigration status.

[bigdog 376]

I agree,I would ask about her immigration status, have her email a copy of her card and or paperwork. Jim is usually on top of this stuff.

[clueless55 18]

Thanks, no mail for her shows up at my address, but I kind of doubt she has kept USCIS updated.

I can ask her about her current status, but I doubt she will tell me the truth. A one way ticket would be a modest expense for me, if I knew she couldn't get back to the US.

In a second email she told me she wants to go back because her elderly father is not well, and not expected to last long.

He was nice to me, and out of respect for him I'm considering it, if I can verify all the details.

The cheapest one way ticket I can find to her city has a 13 hour layover in Beijing.

I'm trying to find one with a longer layover, preferably in a worse airport.

She specfied a few day range she wants the ticket, 10 days from now, and of course, she doesn't want an early flight where she would have to get out of bed before 9 am.

[NY_BX 397]

I agree with several VJers. I would ask why would she want to go home now, why is she asking YOU to provide the ticket and what is her current legal status.

[happywife 4]

after divorce, she could remove the conditional GC straight way and do not need to meet the 2 years requirement.

[Boiler 45,659]

As long as you can make absolutely certain she will not just cash the ticket in, it has been done before, I would get her out.

Can she come back in, theoretically but a difficult and not quick journey.

[Liz2011 1]

Briefly...

Brought my Ex here on a k1, and we married in October 2008.

She got her conditional green card in May 2009.

We separated due to her infidelity in July 2010.

Divorce granted in Nevada, in March 2011

Her conditional green card expired in May 2011.

I have heard nothing from USCIS about her filing under VAWA, or attempting to get the ten year green card on her own.

I did fill her USCIS file up with sufficient evidence to prove that marriage failed due to her actions. There never was any abuse on my part, or even claims from her of it.

My question is, how can I find out if she attempting to file on her own? Can I assume if I have heard nothing, she is on illegal status?

I have not heard from her since April, but today I get a short email asking if I am willing to provide her a plane ticket back to China, as I told her during our separation. She said she wants to go back.

My thoughts are, if she leaves the US, my liability is over....as far as sponsorship.

No...I wouldn't give her cash, but possibly a non-transferable, one way ticket....IF I knew it was to my advantage.

Dont think she really needs your help.My friend just had her conditions removed without her husband .They are divorced.There are ways and means they go about doing it.If you read the form to remove conditions there is a part that says I entered the marriage in good faith blah blah blah.There are places that can help them.My friend used a lawyer who works for community for free.They have a name for them.If I were you I would move on cause another way to remove it is domestic violence.Yep they call the cops and a police report is what they need.Good luck.

[clueless55 18]

Well, she didn't enter the marriage in good faith, and I placed copies of her emails in her USCIS files as soon as we separated.

Two emails were sent while she was in the US, a week before we married, stating clearly 'I don't like him. I'm only marrying him to come to the US and be near you..' (meaning a MARRIED chat BF)

I placed 200 plus pages of such stuff in her files. Print outs of screenshots of various emails, dating site profiles she maintained or created while we were married, emails arranging assignations with out of state chatmates, more stuff than you can imagine possible.

Unless some USCIS paperpusher stamped her self-petition paperwork...without ever looking at her file.....there is no reason she should have been granted the ten year green card.