re: CR1-visa entered the country without my knowledge

[souladventurer 2]

My wife has entered the country without my knowledge and is living supposedly in Boston. I was wondering about the HS I-94 site and how can I use the site despite the fact that there is a disclaimer warning that only travelers or those who have consent can enter the site? I want to know her whereabouts. Any anecdotes or experiences will be great appreciated? Is there a proper way to circumvent the disclaimer?

Timeline:

marriage june 21 2014 in las vegas\

wife moved back to south africa we filed for immigration but she decided to leave to take care of her properties etc

waited approx for her to get her cr-1 visa in aug of 2015.

she came to the usa in feb of 2016 without my knowledge as we had talked about divorce and i filed for divorce in late feb 2016 thinking was in south africa. i found this info by calling the consulate of south africa as i wanted to rescind the visa in feb 2016.

she states that she is in boston but not sure. i want to be able to locate her as i have to make sure that i can serve her for the divorce.

[daigo 39]

No.

From the DHS site, prior to accessing an I-94 record:

You are declaring under penalty of perjury pursuant to 28 U.S. Code § 1746 that you: (1) are only seeking records about yourself, (2) are seeking records about someone for whom you are the legal guardian, or (3) you have the consent of the person whose records you are seeking. You are not authorized to access this website to retrieve records of another person unless you are the person's legal guardian or you have the person's consent.

In California, if you are unable to locate your wife, you can opt for service by publication for your divorce petition.

[Hypnos 6,576]

Even if you could legally access her I-94 (and as stated above, you can't), it won't tell you where she is.

Also, I-94s are not issued to immigrants.

[NikLR 13,220]

~~moved to effects of family changes from IR1/CR1 process and procedures~~

[Boiler 43,450]

You are still on the hook for the I 864 and she will need to update her address but that is not available to you.

[Merrytooth 5,748]

If she has 2 year conditional green card, she has to file for ROC.

Not sure how she would do so, without final divorce decree.

But it is not OP's problem anymore.

[deleted this acco 44]

wonder if she has a two year card how will she remove conditions without even living together?

[Unidentified 2,930]

Well she has a green card now so there's not much you can do. She is free to do whatever she wants though doing ROC will be tough for her.

[souladventurer 2]

what can i do in this situation...we talk via whatsapp but she is very dodgy...what about the ROC (751) also any other suggestions..i am doing a posting for the divorce and hopefully the judge approves..other than that no idea.!!!

[Transborderwife 4,666]

wonder if she has a two year card how will she remove conditions without even living together?

If you divorce, she can roc with a waiver as long as she entered the marriage with good intentions.

[Unidentified 2,930]

what can i do in this situation...we talk via whatsapp but she is very dodgy...what about the ROC (751) also any other suggestions..i am doing a posting for the divorce and hopefully the judge approves..other than that no idea.!!!

Well unless you can save the marriage (doubt it if she is living by herself and didn't even tell you she came to the US) then divorce and move on is your option.

[souladventurer 2]

she says she is living with family members (ex husbands which really pisses me off) and no she didn't tell me. actually she told me that she was in a different city in south africa and got a promotion.

she has two year conditional i believe based on the timeline and she has to file the i751 ..hasn't she committed marriage fraud by entering and not being even in the vicinity of me. i mean knowingly entering the country and evading me?

[Transborderwife 4,666]

I dont think that it's technically fraud. But it's not ethical. You can try contacting ICE with any and all evidence, but doubtful that they will do anything.

[souladventurer 2]

how is it not fraud? she is not with me. so when you enter a country on a marriage visa it is assumed you are going to be with your husband as you do put down an address correct? i have submitted to ICE and they have to of course feel that it is fraud...

[Unidentified 2,930]

she says she is living with family members (ex husbands which really pisses me off) and no she didn't tell me. actually she told me that she was in a different city in south africa and got a promotion.

she has two year conditional i believe based on the timeline and she has to file the i751 ..hasn't she committed marriage fraud by entering and not being even in the vicinity of me. i mean knowingly entering the country and evading me?

I don't know what the law says but I doubt it. She's just a married woman with a green card who went to live with her ex-husband. Just because she is married to you doesn't mean she has to be with you. A visa is not a ball and chain forcing her to be with you.