deportin help

[talean nawaz 41]

i have pictures her with someone , airline tickets same guy bought for her, court order dismissed saying" the court does not believe the petitioner credible" . and my tax return check she cashed with out my signature. all i have

You may have that all and it may prove she is cheating, but like I said in my previous post... cheating is not immigration fraud and not grounds for deportation.

[Darnell 8,478]

ya, there needs to be an evidence chain, for fraud to be proven, and proven in the eyes of ICE.

[Artmin 0]

She doesn't need to be married to you to remove conditions on her green card.

can she apply for removal if divorce still in process?

[talean nawaz 41]

can she apply for removal if divorce still in process?

Yes, she can... they will give her an RFE for the divorce certificate and she can submit it when it is issued

[Leatherneck 693]

That is incorrect. The I-864 cannot be withdrawn.

You're right -- she already has the conditional GC, therefore she can ROC without him. My thoughts were AOS, which is long past.

Edited May 10, 2012 by Leatherneck

[Artmin 0]

so in general i just have to proof to ICE that she is playing with system and she used me to come to us which i have a court report .

[Anh map 2,098]

so in general i just have to proof to ICE that she is playing with system and she used me to come to us which i have a court report .

What you've told us does not demonstrate any immigration fraud.

[Darnell 8,478]

so in general i just have to proof to ICE that she is playing with system and she used me to come to us which i have a court report .

the court report isn't enough.

you have to provide evidence of fraud.

[Artmin 0]

what exactly i have to show them? give me an example

[talean nawaz 41]

what exactly i have to show them? give me an example

Im going to say this one more time, you have proof that she is cheating... ICE DOES NOT CARE SHE IS CHEATING. CHEATING ON YOU IS NOT PLAYING THE SYSTEM. You must have proof she used you to get a visa for ICE to do something. CHEATING IS NOT IMMIGRATION FRAUD... THERE IS REALLY NOTHING YOU CAN DO...

[Anh map 2,098]

what exactly i have to show them? give me an example

You would have to provide proof that she married you and obtained the visa only for immigration purposes.

[masipag 6]

My friend,cheating is not an immigration fraud,cheating means that she is a bad person/woman.You cannot withdraw your affidavit of support 1-864 for her u can read the instruction on this form,nothing u can on your own deport her either,like the above post said,gather all the proof & report her to uscis/ice then they r the one who can deport her or make a decision if they can deport her.hmmmm...I think the heavy evidence is if she marry you just to come over & for immigration purpose only then that's make any sense,the sweet revenge is move on & deal with your new life now if the ice does not do anything to kick her butt out of this country.

Masipag

[Leatherneck 693]

If she's done with the marriage (as evidenced by the cheating), you might want to focus your energy on moving on. Revenge is a dish best served cold -- the best revenge is the get a better and hotter wife.

[jaycali 415]

can she apply for removal if divorce still in process?

so in general i just have to proof to ICE that she is playing with system and she used me to come to us which i have a court report .

what exactly i have to show them? give me an example

I'm truly sorry about your situation.

But as others have said, you may have a difficult time having her removed.

She came to the US on a K-1 visa. The conditions of a K-1 visa is that she marry you within 90 days of arrival. She can then adjust status to conditional LPR. The condition for adjusting status to LPR is that she was legally married to you in a bona fide marriage at the time of the wedding. She does not have to be married to you at the time of ROC, she just has to prove the marriage was entered into in good faith. Because cheating does not automatically mean the marriage wasn't bona fide, cheating is not a proof of fraud. Plenty of spouses (unfortunately) cheat, and it doesn't mean their relationship was fake at the time of the wedding.

Cheating can be used as supporting evidence that she may have entered into marriage with you for a green card, but it has to accompany plenty of other proof. How did you find out she cheated? If you have copies of chat logs etc. saying she only married you for a green card, that's evidence. You should gather up anything and everything you can, the more the better.

Unfortunately for you, and every one of us trying to this process legitimately, she is trying to use VAWA against you. VAWA is the "Violence Against Women Act" and is in place in part to protect foreign spouses from abusive American spouses. Basically so that an abusive USC can't say "I'll have you deported if you tell anyone I hit you."

[ceadsearc 515]

You can't do anything. Cheating means she was a crappy wife not that she used you for a green card. Unless you have strong evidence of that you can't do anything. No one is going to give you examples of what to say to get your wife deported because if you had the evidence needed you would know it and nothing you have said has presented any proof that she used you for a green card. Cut your losses and move on.