Green card and future divorce

[Michael Ruffin 1]

I need help to make sure i am doing things properly here! Bottomline, I have been married to my soon to be ex-wife for less than a year. She came here on July 4th on K-1 visa. We live in Pennsylvania and married on August 24 and filed for Adjustment of Status and Work Permit and things were accepted on Sept 24th. She currently has a work permit will probably expire in the next few months. Update on adjustment of status: her green card was approved July 5th and will be sent to her in 7 days. I am hoping this only the 2 year card which she will later have to file for removal of conditions. She moved out back in May 9, 2013. We currently share no property. I have paid for everything from rent, phone, cable,, health insurance, etc... I want to know my grounds when it comes to mostly her immigration status and future in this country. She has admitted in text and emails and iIM's that she never love me and was just here to work. I have read in forums that if a divorce occurs at some point she can't get her green card because at this point it is not a bona fid marriage. She also has her own bank account. I just need all the wisdom from Visa Journey members.

Thanks,

Michael

[lost_at_sea 995]

Well, she'll have to proof that your marriage was genuine to remove the conditions of her 2 year green card (which is why the conditions exist, to have a second chance to catch people who may be using the marriage path fraudulently). It sounds like she may have difficulty proving it was genuine, anyway. Is her name on the house deeds or anything? Do you have a joint bank account?

I'm sorry to hear of your divorce.

It is possible to remove conditions even if you divorce if the person is able to proof that the marriage was in good faith, but broke down.

Edited July 8, 2013 by lost_at_sea

[Harpa Timsah 13,258]

Why oh why didn't you cancel the GC application when she moved out in May and admitted she was a fraud??? Now she has an approved GC based on lies...

I would make an appointment with ICE and inform then that your wife moved out and that the marriage was not viable when her GC was approved. Show them the emails and get them put in her file.

[Michael Ruffin 1]

We currently rent and the lease will expire 5th of August. We share no property and she has her own bank account. Her name is not on my bank account. Well there will be know real proof of marriage because we really never done anything together. She didn't take my name during the marriage. Who do i contact at ICE about her moving out?

[Eve n Reed Mccann 1]

Hi its sad to hear she just used you for the green card. But unfortunately for her the two year green card is supposed to filled by both of you, and you should have properties together, bank accounts together etc you should have things like that in both your names. They want to know if truly the marriage was real and not a scam. Unfortunately she took off too soon, she may be refused the green card renewal if you proof that she used you. But if you guys divorce before that she might have a difficult time getting a renewed green card. If by any chance you abused her by battery,emotionally and she has proof of that she might get her green card renewed and also if you die and she can provide a death certificate. My advice is to keep the text messages she sent you and anything else then your good. Good luck

[Daniel&Theary 30]

Unfortunately this just happened to a find of mine, she was still able to have her conditional status removed because she had friends write letters saying she was inlove and wanted to marry my friend and he left her forcing her to file for a divorce which was lies. I would suggest sending all your copies of proof to homeland security with a letter explaining the situation and pray for the best. Make sure to include her A# if you have it

[lost_at_sea 995]

If you really think she committed fraud, you should report it as appropriate. There's nothing you can really do to block it apart from that. I'm sure many a jilted lover attempts to report their partner for fraud, just out of spite - so I imagine they have to make a judgement based on all the evidence they have available to them as to what really happened.

Either way, it's going to be out of your hands. If she genuinely married you for love, and that went away, you can't do much about the situation now.

Edited July 8, 2013 by lost_at_sea

[KayDeeCee 4,893]

~ Moved from AOS Family Based to Effects of Major Family Changes ~

[Artisan 138]

Other than filing a report there is nothing you can do directly to influence her immigration status. You can providethe text messages and emails but unless you can unequivocally prove they originated with her (an email address you never had access to or a phone that was never in your presence) ICE won't make much of it, especially if she has friends or relatives willing to testify on her behalf. The system is weighted in the immigrant's favor once they are in the country. That is why the NVC process and Embassy interview are so very important in order to weed out potential fraud beforehand.

[Harpa Timsah 13,258]

For a benefit to be granted, then basis for that benefit must exist at the time of application and the time of approval. The OP's wife had left the marital home at the time her GC was approved. That means that the GC was approved incorrectly. The number for ICE is at the bottom of every page. There are instructions about what to do; use the advanced search tool.

[Artisan 138]

For a benefit to be granted, then basis for that benefit must exist at the time of application and the time of approval. The OP's wife had left the marital home at the time her GC was approved. That means that the GC was approved incorrectly. The number for ICE is at the bottom of every page. There are instructions about what to do; use the advanced search tool.

There is no requirement for the marriage to have survived a single day for her to have been issued a GC. The woman in question fulfilled her obligations, was married within the 90 day period to the K-1 petitioner and filed for an AoS. She could have left the day they were married and claimed incompatibility or some other rubbish and still be granted the GC.

The OP can report what evidence he has but other than that he's stuck. It's apparent that there should have been more attention given to the validity of the relationship prior to the K-1 being issued. Now that she is here, unless the OP can prove there was fraud and his evidence is not outweighed by the potential evidence provided by his wife, there isn't much that can be done.

[Harpa Timsah 13,258]

There is no requirement for the marriage to have survived a single day for her to have been issued a GC. The woman in question fulfilled her obligations, was married within the 90 day period to the K-1 petitioner and filed for an AoS. She could have left the day they were married and claimed incompatibility or some other rubbish and still be granted the GC.

That is 100% incorrect. A GC is not automatically awarded when marriage is performed. As I said, you must have a viable marriage at both the time of submission and the time of approval.

[Artisan 138]

That is 100% incorrect. A GC is not automatically awarded when marriage is performed. As I said, you must have a viable marriage at both the time of submission and the time of approval.

I have consulted for clients that prove what you are saying as 100% incorrect. I have worked with more than one woman who was able to leave the home prior to receiving her GC or filing for AoS. The only things that matter is the marriage to the K-1 petitioner within 90 days of their arrival and the filing of the AoS. Once she's here and married it takes a pile of evidence to send them home regardless of how soon after the wedding she left. The only paperwork required to file an AoS include the Fiance Petition Approval Notice, the marriage certificate, and the I-94. No where is there a requirement of proof of co-habitation or even current marriage.

[Calypso 464]

The only things that matter is the marriage to the K-1 petitioner within 90 days of their arrival and the filing of the AoS. The only paperwork required to file an AoS include the Fiance Petition Approval Notice, the marriage certificate, and the I-94. No where is there a requirement of proof of co-habitation or even current marriage.

If that were the case, who would fill out, sign, and become responsible for the I-864 when a K-1 beneficiary applies for adjustment of status?

[Glenn & Anne 16]

OP says she sent him emails admitting she did not love him and only used him so she could work in the U.S. If he has those emails to show to ICE I would say that would be adequate proof to show the marriage was not entered in to in good faith and was not a real marriage on her part. Hence, no GC.