Help relating to divorce

[omardagame123 0]

So my wife came in on k1 visa. Things didn't work out. She screwed me over. She cheated on me. On December 28th she got notified that they are sending her greencard in the mail to her address (she has her own apartment now). Is there a way for me to still get her card revoked or something? I plan on getting a divorce obviously but I don't want her here anymore. I know she would voluntarily leave if her card got denied or revoked somehow.

[Ebunoluwa 6,136]

HER green card got approved that's that. Before approval you could have withdrawn your affidavit of support.

Just because you do not want her here doesn't mean you can send her back like a package.

She can divorce and file ROC with a divorce waiver.

Move on and stop wasting energy on being vindictive.

Marriages fall apart for many reasons but that does not mean she didn't enter the marriage in good faith initially or that she should

"be send back".

[Transborderwife 4,666]

Why on earth do people continuously feel that they have the power to "send someone back" like they are their property? She earned the green card. It's her life. America is a big country, let it be and move on.

[Boiler 43,714]

Are you aware of your obligations under the I 864 you signed?

[Pitaya 2,576]

~Moved from Fam.-based AOS to Effects of Major Family Changes on US Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[Lee&Ana 88]

That concern might be why the op is posting this thread

That concern might be why the op is posting this thread

That concern might be why the op is posting this thread

[MASH 172]

Sorry for your situation but unfortunately since she got the approval there is nothing you can do, best to move on , be happy and not stress

[theoleg 1]

So my wife came in on k1 visa. Things didn't work out. She screwed me over. She cheated on me. On December 28th she got notified that they are sending her greencard in the mail to her address (she has her own apartment now). Is there a way for me to still get her card revoked or something? I plan on getting a divorce obviously but I don't want her here anymore. I know she would voluntarily leave if her card got denied or revoked somehow.

Not that we want to encourage being vindictive or anything, but was your marriage less than 2 years old when she got her green card? If so, it is likely going to be a conditional green card with a 2 year validity, where she will need to remove the conditions or lose Permanent residency.

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

If you can prove that the marriage was not entered in good faith but to evade immigration laws, you did not physically abuse your spouse and are not already divorced, I imagine you may be able to make it very difficult for her to remove the conditions at that time. There is no foolproof way of "getting someone out of the country", but you can certainly make life difficult/expensive for them.

Once divorced, she will be able to waiver her way to a 10 year green card. Without being divorced though, the onus will be on her to provide the proof of divorce or annulment of marriage.

----

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

---

[Villanelle 4,121]

Yikes. Thats some bad advice above...

, I imagine you may be able to make it very difficult for her to remove the conditions at that time.

Yeah, thats only in your imagination. Sorry. The concept that one can delay a divorce permanently or even worse- prevent a divorce is a myth. You can not prevent a divorce. Sure you can delay it but it will eventually go through. Many courts have 'timeframes' from when you initially file to when it needs to be finalized. They will give you some time to negotiate but if its not going anywhere and significant time has passed either one side will ask the curt to step in and rule on the issues disputed or if no one asks the court will step in and demand you have negotiated something within the next few weeks or they will rule on it.

So even if the OP does not move forward with divorce the wife might. If she doesnt think of it now she will when it comes time to ROC. At that point she will file. Even if she waits to file close to her ROC date and/or she doesnt have the final decree in time- USCIS has provisions for such. She would file under a waiver, be asked for the final decree and if its not available yet she will be tentatively denied and sent to immigration court where they will give her time to present it.

Helpful things the OP can do:

Write a letter to the service center explaining the situation. It appears they separated before the card was issued as he stated its being mailed to her apartment. In the letter he can state the date of separation and use wording like card approved with out all relevant info being provided by her. Of course he needs to include proof of such. He should have proof of a different address then the one she is at. He may also have correspondence between the two of them referencing the separation. He should stress he did not know it was going to continue to be processed nor approved with out an interview. He should also state his desire to withdraw both the 864 and underlying 129F.

Now this is a shot in the dark. Potentially they can reopen a decision they made- especially if new info is brought to their attention. They may not. But doing this NOW can also help later if the decision stands in impacting her ROC. Since they are currently still married and he made no mention of the divorce being in progress besides stating hes 'going to'- well looking at it from her POV- Shes going to need to ROC and shes going to need to do it with the divorce waiver.

As explained above there is nothing he can do to prevent her from getting the divorce decree. Also there is no way to delay it so she will be unable to present it. He could push for fraud grounds in the divorce but there is no way she would agree to it and its unlikely he has significant evidence to get the divorce judge to rule its fraud. So her having a usable divorce decree for ROC is going to happen.

She also needs proof of the bonafides of the marriage. This is something he can and should attempt to minimize. Any joint bills they have should be stopped immediately. Any co-mingling of finances like joint accounts should be closed or his name removed. Joint insurance or names listed as beneficiaries etc. If he does not do this and chooses to wait for the divorce to happen- well she will have all that paper evidence to support her claim.

So minimize the evidence. Ensure the divorce includes an accurate date of separation. Do not allow it to be disputed or changed to a later date- esp not one after the GC was issued. This will make the decree 'less usable'. Notify USCIS of the situation either the way described above and/or again after the divorce is final stressing the date of separation documented in the divorce and in your sworn statement.

Generally speaking someone who divorces or separates immediately or soon after getting the card has a difficult time going through ROC. Separating before the card is issued....

The only other relevant issue is if they do not reconsider the decision she has a 2yr card. Nothing will happen until its time for ROC in that scenario. Some people (because of whatever situation) know they are not going to be successful in ROC and choose to stay until their card expires.

[omardagame123 0]

So I just found out that she supposedly got a lawyer and that they got her greencard sent to her address. Supposedly they updated her info to be in her name. That's what she said. She's not filing for divorce. Her plan was to divorce after the 2 years. I wasn't expecting her to receive her greencard the end of last month because we called before several times and they said we were looking around March/April due to processing times. We got married in March and filed AOS in July.

[Ortolan 381]

I would suggest that you file for divorce immediately. When friends and family ask what happened, you can ruefully say: well, I guess I didn't know her as well as I thought.

Let the anger you feel drain away.

Planning some sort of revenge or trying to "send her back" is just going to bite you in the end. Clear your head and let it go. Make it simple for her to either marry somebody else or get her own job.

[mario1977 0]

If you think she used you just to get GC and you have some evidence to prove it, send it to USCIS, call them make report.There are many fraudsters out there and we are all have hard time to prove ourselves because of them.Dont let her get away if you can prove marriage fraud.

[Transborderwife 4,666]

If you think she used you just to get GC and you have some evidence to prove it, send it to USCIS, call them make report.There are many fraudsters out there and we are all have hard time to prove ourselves because of them.Dont let her get away if you can prove marriage fraud.

None of this screams fraud. He said things didn't work out, she cheated.

Edited January 12, 2016 by Transborderwife

[Villanelle 4,121]

I agree- theres nothing posted that suggests fraudulent intentions. People are allowed to change their mind. She may very well have entered the marriage in good faith and then had a change of heart but instead of speaking up about it and either ending the relationship maturely or going to counseling to work on the issues she stepped out of the marriage and had an affair. Now Im not saying she should be punished for this nor am I saying I condone it. I just dont see it as being relevant.

USCIS has specific policies that everyone must abide by. They state that as a K1 you can still adjust status even if separated or divorced as long as you still have a valid 864. And while there is no law or policy that requires you to report fraud or other types of relevant information- USCIS appreciates those that do. For a person who has such information they have to make a sometimes difficult decision on what to do. They have look inside themselves and make sure they can live with their actions. They need to think about what is motivating them. Is is vengeance? spite? moral justification? financial motive?

For the OP I just see a guy whose marriage didnt work out. Hes obviously angry and upset. He may even be worried about his financial obligations. He seems surprised that she was approved and thats because he was uneducated about the process. IF he had posted on here as soon as she moved out he would have been advised to pull his 864 to stop the process. Probably by several of the same people posting here.

So at this point I feel the best thing to do for him (since we cant go back in time) is to lay out viable options and educate him. What he chooses to do or not do will be on his conscious.

So I just found out that she supposedly got a lawyer and that they got her greencard sent to her address. Supposedly they updated her info to be in her name. That's what she said. She's not filing for divorce. Her plan was to divorce after the 2 years. I wasn't expecting her to receive her greencard the end of last month because we called before several times and they said we were looking around March/April due to processing times. We got married in March and filed AOS in July.

This doesnt really offer any new information. IF she truly got a lawyer (which is possible) the lawyer would have told her as stated above- A K1 can still adjust status if separated or divorced. This is an absolute fact. But they still have to meet all the requirements like having the 864 and proving the marriage was bonafide.

You say supposedly they updated the info in her name. Well thats not supposedly- they did. (!) The GC was mailed to the address they had on file- her updated new address where she lives alone. Now theres a slight chance she also notified them of the separation. If she did and she was approved then a request to re-open will go nowhere as you are not providing new info for them to consider. Her difficulty at ROCing will remain the same- however if they approved her the first time around knowing she was separated then they are satisfied about the bonafides and may not change their mind at the second look evaluating the bonafides during ROC.

You say her plan was to divorce after the 2 yrs. Thats not a bad plan for her. If she didnt notify them of the separation and you remain legally married for the next two years and continue to have joint assets/debts, bills, insurance etc- pretty much all the things you need for ROC as proof of co-mingling/ well in 2 years she can file for divorce prior to her ROC date- take all that evidence and apply with a waiver. People can and do get approved for ROC when living at 2 different addresses. People file with divorce waivers and show they separated many months before filing divorce and get approved. The situation she would present would not be that unique. The only hitch would be she moved out prior to getting the card. If they pick up on it she can present it as it was a trial separation or done because of work/schooling and the marriage never recovered. When you ROC with a divorce waiver generally all the info comes from the applicants side. There is no form or box to fill out for the ex. They are typically not questioned as they are no longer part of the process.

This doesnt mean the Ex cant have a voice. Many want to say something. Sometimes its good and they submit an affidavit with the applicants packet- other times its negative and they submit their own statement directly to USCIS. Any information is evaluated based on its merits and given the appropriate weight.

So again, if you are choosing to attempt to impact things- the first way to do so is to notify them that you separated BEFORE the GC was issued. They may or may not know this. If they dont they can choose to reopen the case to re-evaluate it. But just because you are separated does not mean it must be denied. Hence you writing a letter providing the new information and a request to withdraw. IF they open the case then you have a withdrawal on file and it will have to be denied.

They may not reopen it. They may have known about the separation and approved it anyway. They may not have known and after you tell them they simply decide to take no action. There is nothing you can do about this- but one things for sure, if you do nothing then nothing will happen.

But now I am just repeating things. Is there something specific you are unclear of?