Pending Divorce, Now what

[VanessaTony 3,567]

So the immigration lawyer said that if i get married in India again and try to immigrate some one, I would have to prove that my previous marriage was not for fraud!

If i ask her to go back home to India (she may/may not, but worth a try) will it help me if i marry again in India?

Also we just filed for divorce, do i need (should i) contact USCIS or ICE?

Well yes he's right and no he's kinda wrong. The girl would be the one interviewed (being the immigrant) so she would need to show proof that you both didn't marry for fraud but yes you would be included in showing how you really loved her etc etc... AND yes you CAN get called for interview in the US for the petition side (rare but it happens).

No your current wife going back to India doesn't really change too much except if she leaves and gives up her GC you're off the hook for the I-864.

You can contact USCIS once your divorce is final if you like but you don't HAVE to. You can send them a letter with a copy of the decree and her info letting them know. They won't really do anything but put a note in her file.

Edited April 11, 2012 by Vanessa&Tony

[NeedHelp_Fraud 0]

Not really no. It might look less like you married her for immigration reasons, but more like you weren't really in love and are using the visas as "try out" visas... 'causing them to wonder if you REALLY love the new person you petition. Again it depends on how long between this one and the next one.

how "long" is long between "this one and the next one"?

would an annulment make a difference?

[VanessaTony 3,567]

how "long" is long between "this one and the next one"?

would an annulment make a difference?

Again not really. it honestly really depends on the situation. If you're not involved with someone now don't worry about it. Divorce or annul, neither will make a difference. Your new relationship, when it occurs, will be vetted the same as your old one... though they'll probably ask your new girl about your old girl so you'll need to tell her everything.

[NeedHelp_Fraud 0]

Again not really. it honestly really depends on the situation. If you're not involved with someone now don't worry about it. Divorce or annul, neither will make a difference. Your new relationship, when it occurs, will be vetted the same as your old one... though they'll probably ask your new girl about your old girl so you'll need to tell her everything.

Thank you, that makes me feel better. I am not involved with someone right now; however once the divorce is final family will suggest remarry soon.

[Shoot Em Straight 385]

Thank you, that makes me feel better. I am not involved with someone right now; however once the divorce is final family will suggest remarry soon.

I followed your story and I hope they find you a better life partner choice that can grow into great happiness together...I think you have learned so much with this and maybe closer to finding a little peace soon!!!

[NeedHelp_Fraud 0]

I learned this week that she is trying to get remarried, so some illegal alien... Also in doing so she is "bad mouthing" me saying that "I was an alcoholic and not a good person.. etc.. to her 'next' husband." This kinda of upsets me and disgusts me. I'm not an alcoholic nor have I done anything bad to her! yet she wants to spoil my name. Its disgusting how she wants to start her next life in lies as well!

I just got a call from my lawyer. The judged has signed the Judgement and i can pickup a copy from the lawyers office.

So in California once the judge signs the judgement the divorce is final, correct? I ask because the lawyer said that "free to marry" is not until October.

I feel like my next step should be to take a copy of the judgment, make an INFOPASS appointment, give USCIS the judgment and a later from stating:

"Even though I married her in good faith. I believe she married me only for a GC. She waited until she got her GC/SSN to tell me the truth. After this divorce, she intends to stay in USA even if it means illegal. I would urge USCIS/ICE to deport her as she does not intend to file ROC and live here as an illegal alien."...

Am i on the right track? or a letter like that will just hurt me?

[NeedHelp_Fraud 0]

No Response?

How would i go about making an INFOPASS appt? What type of appt would it be to update them about divorce? I only see these options:

+ Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

+ Case Processing Appointment - If you received a notice to go to your local office for further case processing.

+ EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

+ Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

[Sandra G. 5,016]

Even if you contact ICE or USCIS they won't deport her. Once she gets a "notice to appear she must appear in front of an Immigration Judge, once the judge finds her deportable he will order her deportation, but she will have the chance to have her case reviewed in Court, and her lawyer can ask for an individual hearing, it will take 15/18 months.

[catknit 144]

A completely different angle you can take since we keep seeing this in the India portal again and again:

If you're an ABCD or immigrated before, say, the age of 10 - look here for a wife. Otherwise, you are just going to be gambling with the new relationship. The new woman could also be an ABCD or an NRI - maybe someone who took her schooling here. Get onto shaadi.com or wherever and do it with your family so they still feel like they are making the decision but time and again you will see true relationship angst with the whole SA born and raised married to the American born and raised match. You've been burned once, no need to go down that road again if you can avoid it.

You were pegged an "alcoholic" because you probably drank in front of her - even if it was only once and even if it was only one drink. Obviously, she's out to save face now that her cards are showing [namely playing you and your family for a green card]. But, and I'm guessing, she will argue till blue in the face that she SAW you drink, you evil evil desi boy .

By avoiding the need to sponsor someone you take that annoyance/weapon/threat out of the possible ####### the new wife can pull.

Edited April 30, 2012 by catknit

[Gigli2008 70]

No Response?

How would i go about making an INFOPASS appt? What type of appt would it be to update them about divorce? I only see these options:

+ Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

+ Case Processing Appointment - If you received a notice to go to your local office for further case processing.

+ EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

+ Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

It seems to me that you are more interested in getting her deported. Leave her be. You shouldn't be so intent to get her deported. So she is going to get illegal if she does not file ROC. She is an adult. Her mistakes or failure to ROC will not be your fault. What she does after your divorce should not be your concern. She made her bed and her mistakes will catch up with her. You are now divorced. Move on with your life. Why are you looking back at what you can do to even out the score and get her deported. When you petition for your "next" wife from back home, just explain yourself at that time about your first marriage. Not every marriage works and everyone knows that. You were unlucky in your first marriage. If you prove you entered your first marriage in good faith, it shouldn't affect your next marriage/petition. And when you petition for your next wife or someone else, just put your divorce decree along with your petition. As for the Affidavit of Support you signed, you are in the hook for that one. As you will for your next wife, if she's out of the country. Be careful when you sign contracts especially with the govt.

Edited April 30, 2012 by Gigli2008