Can I get a waiver for fraud?

[dwheels76 5,463]

If you applied for removal of conditions after divorcing/separating then you are being fraudulent.

This isn't true. If you divorced you submit with your I-751 a divorce waiver. It must be done no later than 90 days after divorce. It's hardly fraudulent. Why would you think that?

[Cathi 5,624]

Exactly what Jojo said!

If you applied for removal of conditions after divorcing/separating then you are being fraudulent.

um no

[chicha 9]

There are I-751 waivers that doesn't require bona fide marriage like hardship waiver.

[Abbyerin 9]

This isn't true. If you divorced you submit with your I-751 a divorce waiver. It must be done no later than 90 days after divorce. It's hardly fraudulent. Why would you think that?

um no

I re-read what I put and apologize. I meant if they divorced and they still claimed to be married. I hadn't written the full sentence, sorry for any confusion.

[LoveMyTico 999]

Once divorced, you can file for a waiver with the I-751.

You are unlikely to get a waiver if fraud is proven. If your ex-spouse is accusing you of fraud, then he/she must prove it. Mere words from an angry ex-spose is meaningless since USCIS has heard it all from hurt spouses with zero proof of fraud.

not true. I just went through this. He is out of the country. Uscis told me face to face that if he tries to come back, the CBP officers will have access to the fraud report and will pull him into secondary questioning and he will likely be turned around and sent home. Someone from the state dept told me they may even take his greencard since he only has 4 months left before it expires. Words do stand up at the uscis. Don't be so quick to dismiss them. Showing up to a face to face meeting and presenting your case makes a huge difference. And they told me once fraud is reported, it's unlikely he will ever get a 10 year greencard or even another tourist visa for that matter. Of course my ex had a previous overstay that we had to get waived...just telling you what was told to me. I actually came here for advice when this first happened and was given 90% wrong advice. I unfollowed this forum but somehow I got a notification for this post...go figure...

I'm not trying to be the bearer of bad news or nasty. Follow your heart. If you feel you have a case, then get a lawyer and fight.

Edited September 7, 2016 by LoveMyTico

[EM_Vandaveer 2,370]

There are I-751 waivers that doesn't require bona fide marriage like hardship waiver.

Yes, but

1) that's most likely not what OP has filed

2) it is an extremely high standard to meet and it is discretionary

http://www.nolo.com/legal-encyclopedia/filling-out-form-i-751-with-hardship-waiver.html

[Anitafeliz 1,133]

Oh they would be who gives you the approval waiver.

Meaning they would need to find an error on their part. Lawyer up. It wont be cheap.

[IcezMan_IcezLady 582]

not true. I just went through this. He is out of the country. Uscis told me face to face that if he tries to come back, the CBP officers will have access to the fraud report and will pull him into secondary questioning and he will likely be turned around and sent home. Someone from the state dept told me they may even take his greencard since he only has 4 months left before it expires. Words do stand up at the uscis. Don't be so quick to dismiss them. Showing up to a face to face meeting and presenting your case makes a huge difference. And they told me once fraud is reported, it's unlikely he will ever get a 10 year greencard or even another tourist visa for that matter. Of course my ex had a previous overstay that we had to get waived...just telling you what was told to me. I actually came here for advice when this first happened and was given 90% wrong advice. I unfollowed this forum but somehow I got a notification for this post...go figure...

I'm not trying to be the bearer of bad news or nasty. Follow your heart. If you feel you have a case, then get a lawyer and fight.

Words without evidence don't hold up squat. Your ex had questionable history for his overstay , so that made you more believable than him.

If you will go through the trouble to meet up with USCIS without evidence, everyone will wonder whether you are just angry or genuine.

What USCIS tells you and what the law allows must be the same or the law overrides whatever the USCIS agent tells you.

[calvm 10]

Smells like fraud is involved here ....!!

[EM_Vandaveer 2,370]

~ Moved from "Waivers and AP" to "Removal of Conditions on Residency" as OP's inquiry is about this process ~

[Mollie09 1,543]

This isn't true. If you divorced you submit with your I-751 a divorce waiver. It must be done no later than 90 days after divorce. It's hardly fraudulent. Why would you think that?

Not true, it can be done any time from when the divorce is final until the green card expires.

[aayitrun 66]

lots of conversation on basically zero information from OP. noice!

[Rc123rc 528]

lots of conversation on basically zero information from OP. noice!

I know right? I'm reading these answers and I'm going.. uh? How is advice being given when you don't even know the facts of the story? How about we start asking the OP questions and quit giving advice until we get some answers.

P.S. I'm going out on a limb and say that no matter what, the OP needs a lawyer ASAP if the OP has been accused of marriage fraud by USCIS.

[zorus40k 21]

Topic starter need to give more insight into his case instead of some vague one liner.

It does sound like a marriage fraud

married --> got GC --> divorced --> oh crickets now I need my 10 year GC

Only advice as it was mentioned above, find some great immigration lawyer since DHS/USCIS don't play around with such cases.

[Jawaree 717]

OP google & call Karl Shusterman (atty) you need a bulldog waiver atty

prepare to spend, theres no answer for you in a forum right now...Fraud!!!!