I-751 Two Year conditional Greencard Dilemma.

[Villanelle 4,121]

Hi,

I never thought it would happen to me but it did, so i try to deal with it as best as possible.

I just received a letter from USCIS that I need send in proofs in order to remove my wife's 2-year conditional status on her greencard.

The problem is as soon as my wife got her green card two years ago when she came to the US, i've rarely seen her. She told me to go find someone else. She went back to her country Vietnam twice. The first time, she went back for 1 month and bought a piece of land in her hometown for $35K. The second time, she goes back for 5 months. She hired an architect to draw up her house and hired contractors to build her a nice 3-bedroom house for $50K. The cash she saved by working under the table while in the US as a cosmetologist. She doesn't want to pay taxes. She told me that once she got her 10-year green card, she will stay in the US for 6 months working for cash only, then go back to her country and stay there for 6 months.

She even sold the wedding ring I bought her to pay for her house. she's only been in the US for 1.5 years, and she's already gone for almost 1 year. She has friends in Texas, so she goes there twice already one-month each time to visit them.

So i've been used. I've been used by someone to get a greencard. I know, I thought I was bulletproof and now it happens to me.

We pretty much live separate ways. I NEVER put her name on bank accounts, utility bills, rental apartment, health insurance, car, nothing nada. When I file taxes, i even claim as single, not putting her name on tax returns.

Now USCIS wants me to send in proofs that we have a bonafide marriage. The irony right?

She is in vietnam now since January and she won't be back in the US until Jun 15. Her greencard expires on Jun 16.

So what are my options? Write a letter to USCIS and explain everything or be a nice guy and help her get her 10-year greencard? I feel like she's a complete stranger to me now.

Thanks everyone.

Posted Yesterday, 05:48 PM

Ivonne2014, on 04 Mar 2015 - 2:44 PM, said:

She has the two year Green card which expires in June 2015, DONT DO ANYTHING TO APPLY FOR THE 10 YEAR GREEN CARD.

if I don't, she will hire a lawyer.

what is the probability that she will get deported?

Ok.

You say youve done a lot of reading on this site- which is good but you havent been reading the right things it seems because you seem to be confused about some major points.

First- lets deal with the deportation. Honestly- who the f cares if she is deported or not? I mean really. Just having her out of your life should be enough. Deportation technically means having her physically removed from the country. Thats different from having her status revoked and her remaining out of status/illegal. She seems to have built a life over there more then here anyway- so she most likely would return there at some point and figure out a way to get back to US legally rather then stay in the US illegally the rest of her life and never return 'home'.

Moving on you specifically say you got a letter advising you to send in proof of a bonafide marriage. Lets talk about this letter. Was it the standard your GC is expiring soon kind of letter and its time to remove conditions kind of letter? Or was it a request for further evidence letter (unlikely based on the dates you provided). Either way- to whom was the letter addressed? YOU personally? Because the GC is NOT YOURS. It is hers. This is her problem not yours. The gov is asking nothing of you and everything of her.

The way ROC works- basically HER choices. She needs to file ROC by the expiration of her GC. (they do accept late filings with explanations but its risky, they can deny it- they usually dont but its a chance you take if you send it in past the date on your card- plus its messy you are out of status etc). so...

You are allowed to send it in up to 90 days prior to the expiration date of your card. You have several choices to choose from on how you are going to file. The one you are "suppose" to use is the joint option. Both you and your spouse sign the form and submit evidences. If the evidences are not enough you will get RFEs asking for more. If its still not enough they will ask you BOTH to come in for an interview where they will evaluate your relationship in person.

If your spouse will not sign off on the joint option you can check variations of a waiver tick box explaining why- theres a box for Im a widow. Theres a box for Im divorced (that covers everything from in the process of getting divorced to being separated) But note they will not approve you with that checked until you present a FINAL divorce decree. There is also a box that says my spouse is abusive and refuses to sign. This is a tough box to pick. You need lots and lots of proof to justify your spouse is an abuser. You dont need to be divorced to get approved just proof that your spouse is an abuser.

So knowing all that-- Ivonne tells you dont do anything to help her get the GC and you reply if I dont she will hire a lawyer?/?

Umm ok. And the lawyer will do what? With out your help she either needs to file for divorce or come up with proof you are an abuser. (there is none Im assuming. Youve never been arrested? Shes never called the cops on you while shes been in the states? No DV complaints etc?)

So as much as she would rather wait and get the 10 year card before divorcing with out signing the joint form its just not going to happen.

Your choices are file for divorce now or wait for her to do it. You have an advantage filing. You can request things like the US residence you live in is yours and she has no rights to it (so if she comes back to the states theres no dispute of her moving in and you cant get her out) you can also include all the wrongdoings in a narrative type accusation for grounds of divorce. The divorce papers will be sent in with her ROC, so its kind of a two birds with one stone type deal. Not only can you bring them to FDNS but they will make their way to her A file through her roc.

Get a divorce attny and have them help you. They may not see the value in adding all the 'nonsense' in but insist on it as its important to immigration. Also send the complete divorce packet in to USCIS as she may only send the final decree. Some states consider the whole packet the decree, some just the last page is the decree. You want them to have the whole packet to see.

As others have said with no joint assets, no co-mingling of funds, taxes, all the time spent out of the country. Her ROCing alone is going to be nearly impossible even with a lawyer.

Divorces usually come with a mild type of restraining order of no harassment/no destruction of property. If you are scared of her or she violates it- dont be afraid to go back to the courts and ask for a stronger order.

Best of luck to you in the future.

[degreeofhope 2]

Ok.

You say youve done a lot of reading on this site- which is good but you havent been reading the right things it seems because you seem to be confused about some major points.

First- lets deal with the deportation. Honestly- who the f cares if she is deported or not? I mean really. Just having her out of your life should be enough. Deportation technically means having her physically removed from the country. Thats different from having her status revoked and her remaining out of status/illegal. She seems to have built a life over there more then here anyway- so she most likely would return there at some point and figure out a way to get back to US legally rather then stay in the US illegally the rest of her life and never return 'home'.

Moving on you specifically say you got a letter advising you to send in proof of a bonafide marriage. Lets talk about this letter. Was it the standard your GC is expiring soon kind of letter and its time to remove conditions kind of letter? Or was it a request for further evidence letter (unlikely based on the dates you provided). Either way- to whom was the letter addressed? YOU personally? Because the GC is NOT YOURS. It is hers. This is her problem not yours. The gov is asking nothing of you and everything of her.

The way ROC works- basically HER choices. She needs to file ROC by the expiration of her GC. (they do accept late filings with explanations but its risky, they can deny it- they usually dont but its a chance you take if you send it in past the date on your card- plus its messy you are out of status etc). so...

You are allowed to send it in up to 90 days prior to the expiration date of your card. You have several choices to choose from on how you are going to file. The one you are "suppose" to use is the joint option. Both you and your spouse sign the form and submit evidences. If the evidences are not enough you will get RFEs asking for more. If its still not enough they will ask you BOTH to come in for an interview where they will evaluate your relationship in person.

If your spouse will not sign off on the joint option you can check variations of a waiver tick box explaining why- theres a box for Im a widow. Theres a box for Im divorced (that covers everything from in the process of getting divorced to being separated) But note they will not approve you with that checked until you present a FINAL divorce decree. There is also a box that says my spouse is abusive and refuses to sign. This is a tough box to pick. You need lots and lots of proof to justify your spouse is an abuser. You dont need to be divorced to get approved just proof that your spouse is an abuser.

So knowing all that-- Ivonne tells you dont do anything to help her get the GC and you reply if I dont she will hire a lawyer?/?

Umm ok. And the lawyer will do what? With out your help she either needs to file for divorce or come up with proof you are an abuser. (there is none Im assuming. Youve never been arrested? Shes never called the cops on you while shes been in the states? No DV complaints etc?)

So as much as she would rather wait and get the 10 year card before divorcing with out signing the joint form its just not going to happen.

Your choices are file for divorce now or wait for her to do it. You have an advantage filing. You can request things like the US residence you live in is yours and she has no rights to it (so if she comes back to the states theres no dispute of her moving in and you cant get her out) you can also include all the wrongdoings in a narrative type accusation for grounds of divorce. The divorce papers will be sent in with her ROC, so its kind of a two birds with one stone type deal. Not only can you bring them to FDNS but they will make their way to her A file through her roc.

Get a divorce attny and have them help you. They may not see the value in adding all the 'nonsense' in but insist on it as its important to immigration. Also send the complete divorce packet in to USCIS as she may only send the final decree. Some states consider the whole packet the decree, some just the last page is the decree. You want them to have the whole packet to see.

As others have said with no joint assets, no co-mingling of funds, taxes, all the time spent out of the country. Her ROCing alone is going to be nearly impossible even with a lawyer.

Divorces usually come with a mild type of restraining order of no harassment/no destruction of property. If you are scared of her or she violates it- dont be afraid to go back to the courts and ask for a stronger order.

Best of luck to you in the future.

I can’t say enough how much I appreciate your response. To answer your questions:

1. I don’t know if i’m selfish or not, but knowing someone is using me for a GC, then i do feel it’s necessary to have that person get deported if possible.
2. I guess I’m trying to have her status revoked. Her GC will expire on June 16. She will arrive back in the US on June 15. If I could have a block on her GC, that means she’d get stuck at the airport immigration. Most likely they will send her back to vietnam because her GC is no longer valid. Once she’s back in vn, it would be harder for her to fight.
3. The letter was sent to her personally. It’s the 90-day Removal of Conditions from USCIS letter. I have her permission to open any of her Immigration letters, since she cannot read in English. In the letter, she must prove that we’ve been living together. However, there is not a single of my document that I put her name on. Not my bank accounts, car, rental, insurance, medical, utility, nothing. This alone would be difficult for her to prove that she was in a bonafide marriage because there is no document to prove to begin with.
4. Now if I don’t file the ROC for her, which obviously i’m not going to, even if I would, there is no document with both our names to prove, that means her GC will expire on June 16. Then she would have to send it in late and explain why it was late. Yes I have the option of not doing anything and just let her GC expire. She would do it on her own without my help.
5. I asked her to file the divorce paper in vn, but she refused. I can file here, but she would still refuse because she told me she would only sign once she got her 10-year GC.
6. I am NOT an abuser. I am as clean as Clorox.

Questions:

What happens if I refuse to sign any of the ROC document or refuse to give her any document? Even if I did, there is not a single document with both our names on it.

Can I file a divorce paper on my own without her signature. If i send it in to USCIS, would they accept that?

So with all that said, what are the chances she can get deported by USCIS?

[Taureti 12]

File for divorce, move to the new place, ship her stuff to Vietnam. Done.

[degreeofhope 2]

does anyone how i can edit my earlier post? i want to add something to it.

[TBoneTX 43,057]

Too late to edit it. Quote it and add your new material beneath it.

[Brewlin 52]

You know, I had a GC before, and they don't like of you enter the country even when there's 5 months left on it before renewal. If she only has a window of one day, has a record of being out of the country a lot and for an extended time.....sounds like she will have a tough time atvthe border to me. However, without marks/notes on her file when she enters, it really is up to the individual border agent.

[Pennycat 880]

I totally understand.

I want to report to the USCIS very badly. I've read a lot of discussions on this site, the probability of anyone getting deported is almost ZERO.

Don't take it the wrong way. I don't want to go through all the hassles of collecting evidence now to present to USCIS, only to know that deportation is a lost cause.

If i know that she can get deported after I present all the evidence, then I would do it right now right away, but the odd is not that great for me.

They're not telling you to collect evidence so that you can get her deported. They're telling you to collect evidence so that if she tries to self-petition to remove the conditions and/or claims the Violence Against Women Act against you (these are the ways she'd get her ten year green card without you) you can fight it, and demonstrate the lack of a bona fide marriage and evidence that she's claiming VAWA as part of a scam.

And if she gets a ten-year green card without you, you could still be on the hook to financially support her because of the affidavit of support (especially because she works under the table!).

You cannot stop her from traveling back to the US whenever she wants to. She could come back tomorrow (and may, if she's so worried about her green card). You have no control over that part. You DO have control to (a) not help her (b) take steps to protect yourself. You do not want her to be able to get that ten year green card. Collecting evidence of the scam and/or abandonment of her residency is how you prevent that. She may still be in the country, but she won't have legal status, and you'd be much less likely (or totally unlikely?) to be on the financial hook for her.

[Cyberfx1024 7,978]

Hold up. You say that she is living in one of your rentals right, and that she is currently in Vietnam now? You say she can not read in English good and that's why you read her mail. YOU NEED TO MAN UP AND DIVORCE HER. Depending on the state you live in depends on how fast the divorce can go, more than likely can claim abandonment. Stop trying to rely on other people to do what YOU need to do.
If she is currently living in Vietnam now, then move her ####### out of that house and rent it out. Put it in storage somewhere until she comes back, if she does not come back at that time then throw the ####### out or donate it somewhere.

[Cyberfx1024 7,978]

What state do you live in if you don't mind me asking? Also why would you file the ROC paperwork for her and spend even more money on a woman that DOES NOT LOVE YOU. I am sorry I am being mean, I have been divorced before and it's tough to face the facts. But as soon as you do, then you can move forward and be happy in life.

[nitrous_guy 23]

She can still ROC on her own though, even after the divorce and nothing can stop her.

[nane1104 146]

She can still ROC on her own though, even after the divorce and nothing can stop her.

She can do that, but the OP mentioned that they don't have joint bank accounts, her name is on no bills,...making it very difficult for her to proof a bonafide marriage.

That can be good on one hand but on the flip side, opens the door to a false VAWA claim "he didn't share finances, he didn't treat me as an equal, he mentally abused me"

I heard people can get very creative with these claims.

[Hypnos 6,576]

Proof of a bona fide marriage is needed just as much for VAWA (or in this case would be RoC under extreme cruelty, which uses similar requirements as VAWA) as it is for a traditional RoC application.

Edited March 7, 2015 by Hypnos

[degreeofhope 2]

She can do that, but the OP mentioned that they don't have joint bank accounts, her name is on no bills,...making it very difficult for her to proof a bonafide marriage.

That can be good on one hand but on the flip side, opens the door to a false VAWA claim "he didn't share finances, he didn't treat me as an equal, he mentally abused me"

I heard people can get very creative with these claims.

Yes she can hire an immigration lawyer and they know every trick in the book to help her.

Hold up. You say that she is living in one of your rentals right, and that she is currently in Vietnam now? You say she can not read in English good and that's why you read her mail. YOU NEED TO MAN UP AND DIVORCE HER. Depending on the state you live in depends on how fast the divorce can go, more than likely can claim abandonment. Stop trying to rely on other people to do what YOU need to do.

If she is currently living in Vietnam now, then move her ####### out of that house and rent it out. Put it in storage somewhere until she comes back, if she does not come back at that time then throw the ####### out or donate it somewhere.

Yes she is living with me still. I am still responsible for her, that's what the Affadavit of Support was for when I sponsored her.

I also explained several times, she won't sign the divorce paper until she got her 10-year greencard. So both parties have to agree to sign.

What state do you live in if you don't mind me asking? Also why would you file the ROC paperwork for her and spend even more money on a woman that DOES NOT LOVE YOU. I am sorry I am being mean, I have been divorced before and it's tough to face the facts. But as soon as you do, then you can move forward and be happy in life.

I live in California.

===========================

I know how you guys feel. I do want to have her deported by the airport immigration when she returns to the US. That is the only reason why I came and asked you guys. However, if they allow her to get thru at the airport, then we will have a long battle ahead of us, which is what i'm trying to avoid. If she's NOT in the US, i can throw her stuff out, i can file for divorce, I can do so many things without having to fight for any of it. Now with her here, I'm certain we will quarrel over everything she might even call the cops on me for domestic violence. It's a battle that I'm trying to avoid.

Edited March 7, 2015 by degreeofhope

[Cyberfx1024 7,978]

At this moment in time is she in Vietnam or here in Cali? That is the one question I want you to answer now. I say this because if she is not here then it is alot easier to do. The more time you give the becomes increasing harder to do both physically and mentally.

[degreeofhope 2]

At this moment in time is she in Vietnam or here in Cali? That is the one question I want you to answer now. I say this because if she is not here then it is alot easier to do. The more time you give the becomes increasing harder to do both physically and mentally.

She is in vietnam until June 15. Her GC expires on June 16.