I-751 Two Year conditional Greencard Dilemma.

[rlogan 2,036]

You can't stop her at the border, no. Don't count on her coming back on June 15 either, meaning when she suspects you are no longer cooperating she can come back to begin a campaign of new scammery.

[Villanelle 4,121]

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 Most likely they will send her back to vietnam because her GC is no longer valid.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?

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

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.

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.

re

#1 Look theres nothing wrong or selfish about wanting to stop somebody who used you from reaping benefits- whether to you that means the word 'deportation' you keep using incorrectly, or refused entry, or denied removal of conditions, or no more green card- free travel pass back and forth to US because lets be honest thats the only thing shes using it for. She has no intent to be a resident here.

#2Im going to assume you were primarily in charge of filing the paperwork the last time around. Do you recall how slow the process was? Nothing at USCIS happens at lightning speed. ABSOLUTELY NOTHING> There is nothing you can do to get a block put on her before her card expires on June 16th. (even if you went to the fraud division and gave them some kind of concrete proof they were all yup yeah this is definitely a revoke-able offense- they would send her a notice to appear in immigration court as an immigration judge is the only one who can revoke her status. Her hearing would not be for months. And even then it would be a primary hearing. Revocation hearings can take months and months if not years to be finalized when lawyers get involved.) So please give up the idea that you are going to be able to stop her at the airport.

You can not file the ROC and pray for bad weather/flight cancellations/delays and hope she arrives in the US after her card expires with out any extension letter but then it will be up the CBP to let her in or not. But dont be surprised if they do let her in to file her ROC late. It would be their discretion. She is married to a USC after all and is one day late due to bad weather- would be claiming she thought the form was filed, doesnt speak English etc etc. But really give up the idea of blocking her at the airport and focus on realistic options.

#6. Nice to hear you are squeaky clean. Lets keep you that way. As rlogan will testify to- that will not stop someone from saying otherwise in order to obtain benefits. It happens every single day. This is the ideal scenario for it. You are refusing the sign the joint roc, you have no joint assets. She can hire a lawyer or do it herself (unlikely if she doesnt speak English though) and tic the abuse box and claim my spouse is an abusive a*shole. She doesnt need to be divorced. The lack of joint stuff is because you are controlling and refused it. Its much easier to prove if she had police reports and photos of injuries (you say none exist- so keep it that way) Harder to prove based on testimony like her word of mental torment back by a dr report for psych treatment.

This is why it is absolutely necessary for you to file for divorce. Who in the heck is telling you you cant get a divorce unless both people agree?? If that was true there would be a lot of people trapped in marriages right now. lol. If she refuses to sign/doesnt agree to it- the judge will order it anyway. You can not be trapped married to someone you do not want to be just because they wont let you go. Thats ridiculous. Think about it. You are not at her mercy.

Look up the laws for your state. CA divorces are fairly simply. I cant recall the exact laws off the top of my head but you may fall into one of the separated for so long categories. (as shes been away for so long) Otherwise youd follow the contested (as you are not in agreement). As stated before- the divorce would give you protection from harassment, protect the property, where she can come live or rather NOT come live when she arrives back- hence protecting you from false DV claims. (your number one priority).

Im sorry if you dont want a long road and are looking for a quick solution (block her at the airport). There is no quick solution. Just the semi long road. Its really not that long.

(Im not going to get too deep into the Aff of support- bottom line it does not make you responsible for her financially. It makes you responsible to pay back the gov for any means tested benefits she receives while in the US. While some people make it an issue in the divorce/after the divorce- in this case I personally dont see it happening for a variety of complex reasons)

[jyaku 138]

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

Go to the airline and say you want to change the travel dates of your spouse changed well past the GC expiration date.

P.S. doesn't California have a divorce in absentia?

Edited March 8, 2015 by jyaku

[Cyberfx1024 7,978]

Then why is this so hard then? If she is not here then box up all her stuff and put it in storage, then rent out that space to someone else. Then file for divorce under abandonment because she abandoned you, and you are just letting her do it. If you need help and depending on which part of Cali, I could help you box her stuff up. Sorry, I know it is tough for you right now. But you need to be strong and do this for you.

You have three months until she gets back. So don't waste time on this. Also has she already filed ROC or no, is she expecting you to pay for that?

[degreeofhope 2]

Then why is this so hard then? If she is not here then box up all her stuff and put it in storage, then rent out that space to someone else. Then file for divorce under abandonment because she abandoned you, and you are just letting her do it. If you need help and depending on which part of Cali, I could help you box her stuff up. Sorry, I know it is tough for you right now. But you need to be strong and do this for you.

You have three months until she gets back. So don't waste time on this. Also has she already filed ROC or no, is she expecting you to pay for that?

Like I mentioned before, The letter is in english and she cannot read in english so she's asking me to do it for her. who pays for the ROC is not really important for me, it's the least of my concern right now.

[Cyberfx1024 7,978]

Ok then don't file the ROC paperwork for her. Let her do that if and when she cone a back. I would do like w hat was said before to call the airline and reschedule the flight date as well.

Move everything out of her place and into stor age. Then rent it out to someone.

[degreeofhope 2]

re

#1 Look theres nothing wrong or selfish about wanting to stop somebody who used you from reaping benefits- whether to you that means the word 'deportation' you keep using incorrectly, or refused entry, or denied removal of conditions, or no more green card- free travel pass back and forth to US because lets be honest thats the only thing shes using it for. She has no intent to be a resident here.

#2Im going to assume you were primarily in charge of filing the paperwork the last time around. Do you recall how slow the process was? Nothing at USCIS happens at lightning speed. ABSOLUTELY NOTHING> There is nothing you can do to get a block put on her before her card expires on June 16th. (even if you went to the fraud division and gave them some kind of concrete proof they were all yup yeah this is definitely a revoke-able offense- they would send her a notice to appear in immigration court as an immigration judge is the only one who can revoke her status. Her hearing would not be for months. And even then it would be a primary hearing. Revocation hearings can take months and months if not years to be finalized when lawyers get involved.) So please give up the idea that you are going to be able to stop her at the airport.

You can not file the ROC and pray for bad weather/flight cancellations/delays and hope she arrives in the US after her card expires with out any extension letter but then it will be up the CBP to let her in or not. But dont be surprised if they do let her in to file her ROC late. It would be their discretion. She is married to a USC after all and is one day late due to bad weather- would be claiming she thought the form was filed, doesnt speak English etc etc. But really give up the idea of blocking her at the airport and focus on realistic options.

#6. Nice to hear you are squeaky clean. Lets keep you that way. As rlogan will testify to- that will not stop someone from saying otherwise in order to obtain benefits. It happens every single day. This is the ideal scenario for it. You are refusing the sign the joint roc, you have no joint assets. She can hire a lawyer or do it herself (unlikely if she doesnt speak English though) and tic the abuse box and claim my spouse is an abusive a*shole. She doesnt need to be divorced. The lack of joint stuff is because you are controlling and refused it. Its much easier to prove if she had police reports and photos of injuries (you say none exist- so keep it that way) Harder to prove based on testimony like her word of mental torment back by a dr report for psych treatment.

This is why it is absolutely necessary for you to file for divorce. Who in the heck is telling you you cant get a divorce unless both people agree?? If that was true there would be a lot of people trapped in marriages right now. lol. If she refuses to sign/doesnt agree to it- the judge will order it anyway. You can not be trapped married to someone you do not want to be just because they wont let you go. Thats ridiculous. Think about it. You are not at her mercy.

Look up the laws for your state. CA divorces are fairly simply. I cant recall the exact laws off the top of my head but you may fall into one of the separated for so long categories. (as shes been away for so long) Otherwise youd follow the contested (as you are not in agreement). As stated before- the divorce would give you protection from harassment, protect the property, where she can come live or rather NOT come live when she arrives back- hence protecting you from false DV claims. (your number one priority).

Im sorry if you dont want a long road and are looking for a quick solution (block her at the airport). There is no quick solution. Just the semi long road. Its really not that long.

(Im not going to get too deep into the Aff of support- bottom line it does not make you responsible for her financially. It makes you responsible to pay back the gov for any means tested benefits she receives while in the US. While some people make it an issue in the divorce/after the divorce- in this case I personally dont see it happening for a variety of complex reasons)

To answer your questions:

1. Yes. I mean deportation. "Refused Entry" is also good because that means they will send her back to vietnam. It's harder to hire a US lawyer from vietnam. The odd is against her. Anything that allows her NOT I say again NOT to set foot past the airport immigration is ideal.

2. Yes I am primarily in charge of filing the papers, she can't read in english anyway. I am aware that once she's allowed past airport immigration, the odd of getting a greencard is in her favor. She could hire a lawyer to fight for her and the odd of getting a GC is greater for her.

3. Yes I'm also aware of that. Once she's back on US soil and past the airport immigration, anything could happen. I don't care if it's a long, semi long, or short road. If it's the road worth taken, then i will go for it.

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

Divorce is the easiest thing for me to do. I would NOT come here to ask for advice whether I should divorce or not. Everyone here keeps telling me to divorce. That's NOT why I'm here. I would go to a divorce forum, not Visa forum. I've been used by someone to get a greencard so that person doesn't have to right to be in the US. Now I divorce her, then she gets to keep her 10-year greencard, then what is divorce going to do? She's still going to work for cash, not pay taxes, and live her life in vietnam. Is this what you guys want to do? What is divorce going to do? Divorce is the least of my concern. We both are already divorced, just not officially.

I think I already came to a conclusion. The chance of her getting a deportation is zero. The chance of her getting past airport immigration is great. The chance of her hiring a lawyer to help her get a GC is great. The chance of me proving that she married for GC not marriage(since I don't have any document with both our names) is Great. The chance of USCIS believing me is great but revoking her GC and deporting her is zero.

It's not worth for me to fight thru all this. I'm going to file for the ROC so she could get her 10-year GC. Maybe 25 years from today as an old lady, she will regret and feel bad for what she's done to me. She burned my bridge and feel bad that I didn't burn her bridge.

Why should I fight for something knowing that the chance of her getting a deportation is zero. After all like I said, we are already divorced, just a signature away so i'm not here asking for divorce advise.

[Hypnos 6,576]

You are knowingly participating in visa fraud, which is a federal crime.

[Cyberfx1024 7,978]

To answer your questions:

1. Yes. I mean deportation. "Refused Entry" is also good because that means they will send her back to vietnam. It's harder to hire a US lawyer from vietnam. The odd is against her. Anything that allows her NOT I say again NOT to set foot past the airport immigration is ideal.

2. Yes I am primarily in charge of filing the papers, she can't read in english anyway. I am aware that once she's allowed past airport immigration, the odd of getting a greencard is in her favor. She could hire a lawyer to fight for her and the odd of getting a GC is greater for her.

3. Yes I'm also aware of that. Once she's back on US soil and past the airport immigration, anything could happen. I don't care if it's a long, semi long, or short road. If it's the road worth taken, then i will go for it.

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

Divorce is the easiest thing for me to do. I would NOT come here to ask for advice whether I should divorce or not. Everyone here keeps telling me to divorce. That's NOT why I'm here. I would go to a divorce forum, not Visa forum. I've been used by someone to get a greencard so that person doesn't have to right to be in the US. Now I divorce her, then she gets to keep her 10-year greencard, then what is divorce going to do? She's still going to work for cash, not pay taxes, and live her life in vietnam. Is this what you guys want to do? What is divorce going to do? Divorce is the least of my concern. We both are already divorced, just not officially.

I think I already came to a conclusion. The chance of her getting a deportation is zero. The chance of her getting past airport immigration is great. The chance of her hiring a lawyer to help her get a GC is great. The chance of me proving that she married for GC not marriage(since I don't have any document with both our names) is Great. The chance of USCIS believing me is great but revoking her GC and deporting her is zero.

It's not worth for me to fight thru all this. I'm going to file for the ROC so she could get her 10-year GC. Maybe 25 years from today as an old lady, she will regret and feel bad for what she's done to me. She burned my bridge and feel bad that I didn't burn her bridge.

Why should I fight for something knowing that the chance of her getting a deportation is zero. After all like I said, we are already divorced, just a signature away so i'm not here asking for divorce advise.

So why come to this forum if you have already decided on what to do? The easiest thing to do is NOT to file for ROC and to file for divorce. This will make HER file for ROC on her green card. But obviously you want to go along with visa and immigration fraud. I understand you want to be a nice guy, I have been there and done that. But now is the time to stand up for you.

[aaron2020 11,651]

I hope she doesn't get past immigration but if she does, I am going to help her commit a felony by knowingly file false documents for her to keep her green card even though she can not read what I put in the documents. By the way, she used me and I keep letting use me. OMG!!!!!!! #######????

[Ontarkie 13,914]

~~This thread is closed for TOS Violation - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. Members have given plenty of advice that are the legal and right steps to proceed please take that advice. Do not restart this thread.~~