Fraud: Check outcome of I-751 after divorce?

[calmload 3]

Greetings,

Some time ago, I [a U.S. citizen] brought my fiancee to the United States on a K-1 visa. We married and she subsequently obtained two-year conditional permanent resident (i.e. green card) status. Shortly after she attained that status, I realized (somewhat belatedly) that she did not intend to engage in a legitimate marriage with me and had in fact married me for the sole purpose of obtaining a favorable immigration status to the United States.

I subsequently filed for an annulment based on fraudulent inducement to the marriage. Of the three elements of fraudulent inducement, the judge found that she had made false statements to me in order to induce me to marry her and that I had suffered damages as a result of relying on her false statements in agreeing to marry her, but that there was "insufficient reasonable reliance" on my part to grant the annulment. As a result, he granted us a divorce instead of the annulment, and included his judgment of the three elements in the divorce order.

("Insufficient reasonable reliance" means that although she lied to me to get me to marry her and I was damaged by believing her lies, a "reasonable, prudent person" in a similar situation would probably not have believed her lies. In other words, I should have seen it coming. If this had been some type of business contract, I would agree with him. But I was in love and thus acted somewhat foolishly in believing that she wanted to marry me because she loved me and wanted to spend her life with me. In my defense, I will add that she was in the United States legally when we met, and we had known each other for like three years prior to marrying. But that's really neither here nor there.)

It has now been almost two years since she obtained her two-year green card, so the time is approaching when she will have to file an I-751 to lift the conditions of her conditional permanent residence status if she wishes to remain in the United States legally (which she does). I am no longer in contact with her, nor do I wish to be in contact with her, but I would like to know whether she is granted unconditional permanent resident status or not. (It seems unlikely that she would, given the wording of the divorce decree, but who knows with these things...)

I have done a little bit of research on the web and have not been able to discover a method for finding this out once the time comes. Perhaps the government considers it to be none of my business now that we are no longer married. Nevertheless, I would like to find out what the outcome is. Do any of you have any idea how I might find out?

Thanks in advance,

calmload

[Gary and Alla 3,694]

Why do you care? Other than theI-864 which obviously had no affect on your divorce, what difference does it make? Please, go ahead with your life and stop looking back, you will be much happier

[calmload 3]

I agree and, by and large, I have done. But I'm the kind of guy who likes to know how things turn out one way or the other, so if there is a way for me to find out once the time comes, I would like to do so.

[calmload 3]

Oh and for what it's worth, I didn't write to USCIS telling them that I think she defrauded me and hence USCIS. Although I don't think she deserves any immigration benefits on account of having married me, I feel that it's best to just stay out of it and let bygones be bygones. If USCIS wants to know what I think, they can read the judge's ruling (which they will, as she will have to send it to them as part of the I-751).

[Anh map 2,098]

Let it go. The wording of the divorce decree will have little if any impact on her petition.

[LIFE'SJOURNEY 970]

Actual the time for her to ROC was when she was granted the actual divorce,therefore she couldhave ROC and moved on to her next life. When was the actual divorce granted?

[calmload 3]

Actual the time for her to ROC was when she was granted the actual divorce,therefore she couldhave ROC and moved on to her next life. When was the actual divorce granted?

The divorce was finalized in Q3 2011. I realize she could file for ROC any time between then and two years after her conditional permanent residence status date, but I think she will wait until close to the last minute. Her timing doesn't really matter though. I am not seeking to influence the outcome of her ROC application; I just want to know the outcome. Just to know, one way or the other.

[Pitaya 2,577]

The divorce was finalized in Q3 2011. I realize she could file for ROC any time between then and two years after her conditional permanent residence status date, but I think she will wait until close to the last minute. Her timing doesn't really matter though. I am not seeking to influence the outcome of her ROC application; I just want to know the outcome. Just to know, one way or the other.

IMHO, Turn around, walk away, and don't look back....

YMMV

[calmload 3]

IMHO, Turn around, walk away, and don't look back....

YMMV

I completely agree, and I have in large part been able to move on. I am not going to take any action based on what happens to her with regards to her immigration status, but I just want to know one way or the other if that is possible. Even if she is granted unconditional permanent resident status, I will be much happier just knowing that is the case than wondering what happened. It's just the way I am.

[Gary and Alla 3,694]

I agree and, by and large, I have done. But I'm the kind of guy who likes to know how things turn out one way or the other, so if there is a way for me to find out once the time comes, I would like to do so.

None that I know of. She will have to file an individual petition, that means it is not your business and you are divorced so NO you are not entitled to know any of her business.

[LIFE'SJOURNEY 970]

I completely agree, and I have in large part been able to move on. I am not going to take any action based on what happens to her with regards to her immigration status, but I just want to know one way or the other if that is possible. Even if she is granted unconditional permanent resident status, I will be much happier just knowing that is the case than wondering what happened. It's just the way I am.

Then pick up the phone and call her if she wishes for you to know then she will tell you.

[Gary and Alla 3,694]

Oh and for what it's worth, I didn't write to USCIS telling them that I think she defrauded me and hence USCIS. Although I don't think she deserves any immigration benefits on account of having married me, I feel that it's best to just stay out of it and let bygones be bygones. If USCIS wants to know what I think, they can read the judge's ruling (which they will, as she will have to send it to them as part of the I-751).

I assure you they do not want to know what you think. Nor do they care. Neither should you, turn around, look ahead, that is where you are going.

[calmload 3]

I assure you they do not want to know what you think. Nor do they care. Neither should you, turn around, look ahead, that is where you are going.

Well, um... You seem to be a bit hostile about this. But at any rate, what does it matter to me whether they care or want to know what I think? Like I said, I didn't tell them anything...

Edited May 2, 2012 by calmload

[jaycali 415]

Why do you care? Other than theI-864 which obviously had no affect on your divorce, what difference does it make? Please, go ahead with your life and stop looking back, you will be much happier

None that I know of. She will have to file an individual petition, that means it is not your business and you are divorced so NO you are not entitled to know any of her business.

In my opinion, the OP has a right to know, based on the fact that he was obviously conned into a false marriage and signed an I-864 on her behalf. If anything, he should at least have a right to know whether the I-864 still stands due to the adverse financial consequences it could have.

Edited May 2, 2012 by jaejayC

[Bri & Mar 12]

Oh and for what it's worth, I didn't write to USCIS telling them that I think she defrauded me and hence USCIS. Although I don't think she deserves any immigration benefits on account of having married me, I feel that it's best to just stay out of it and let bygones be bygones. If USCIS wants to know what I think, they can read the judge's ruling (which they will, as she will have to send it to them as part of the I-751).

Be very careful what you say, especially in a public forum. You admited that you were frauded and chose to do nothing to report this known fraud to USCIS. You are now waist deep and sinking fast. You have now become an accessory to immigration fraud through your own admission. My suggestion is to walk away COMPLETELY from this situation, or follow through and report the fraud to USCIS.

Step carefully as you are in the middle of a mine field and this whole situation may blow up in your face.