Can foreign spouse file divorce on Conditional GC?

[Chemist 2]

I've used Visa Journey to help sponsor my wife from Ukraine on a K1 visa so I appreciate that. 

 

Problem is that she is divorcing me a few months after receiving her conditional green card and I think she might have scammed me to get into the country. 

 

My main concern is the affidavit of support that I signed. Would I still be obligated to support her because of this? 

 

I assume she is thinking of staying in the USA by filling a waiver for the petition to remove the condition but wouldn't USCIS think the timing is suspicious? 

 

I've tried to make an effort to integrate our lives and suggest we try marriage counseling which she had refused. 

 

I'm no longer living with her. 

 

As evidence, I think she would only have a lease with both of our names, a joint checking account, some photos of us together, and I put her on my medical insurance. Is this enough for her to stay in the country? 

 

I'm just trying to figure out my rights and liabilities. I don't want to be on the hook for the next ten years. But if she gets deported then maybe I won't worry. 

 

Any insight on this issue would help

 

Thanks

 

[Boiler 45,658]

Sounds like she should be OK removing conditions with a divorce waiver.

 

The obligations you signed up for with the I 864 continue , maybe 10 years, maybe sooner may be longer.

[bakphx1 789]

One thing that may save you is if you aren't living together.  She is is in violation of her conditions if she isn't living with you.  I have read this elsewhere and just giving it as something to look into further.  If she is in violation of her conditional GC before the two years are up then there's no waiver. 

 

Others can chine in and elaborate or correct me, but it may be something to work with. 

[bakphx1 789]

Also, if it is a scam, one component is for the beneficiary to file a domestic violence complaint against the sponsor.  This covers that base.  Don't be alone with her if you suspect fraud.  Someone may tell her to throw that in for good measure. 

[Boiler 45,658]

2 hours ago, bakphx1@aol.com said:

One thing that may save you is if you aren't living together.  She is is in violation of her conditions if she isn't living with you.  I have read this elsewhere and just giving it as something to look into further.  If she is in violation of her conditional GC before the two years are up then there's no waiver. 

 

Others can chine in and elaborate or correct me, but it may be something to work with. 

nope

[Unlockable 7,315]

3 hours ago, bakphx1@aol.com said:

One thing that may save you is if you aren't living together.  She is is in violation of her conditions if she isn't living with you.  I have read this elsewhere and just giving it as something to look into further.  If she is in violation of her conditional GC before the two years are up then there's no waiver. 

 

 

Actually, this is not correct.

[Going through 5,671]

As long as she can prove that she entered the marriage in good faith, she can do the ROC with a divorce waiver and receive her 10-year green card.

 

[Chemist 2]

Thanks for the replis so far. 

 

So it seems there's no way I can withdraw the affidavit of support? 

 

How can she prove that she entered the marriage in good faith? It seems like a "he said, she said" type of thing. USCIS won't view the timing of the divorce so soon after receiving the conditional GC to be a little suspicious? It's not like I filed the divorce, she did! 

 

I made an InfoPath appointment with USCIS to discuss this. I'll report any findings. 

[Going through 5,671]

35 minutes ago, Chemist said:

How can she prove that she entered the marriage in good faith? It seems like a "he said, she said" type of thing.

The same question can be flipped to ask "how can you prove she didn't enter the marriage in good faith?"

 

She has copies of the lease as you say, as well as bank statements for the joint accounts, photos together during happier times, and proof of being added to your medical insurance.  Her name is probably on at least some of the utility bills as well, I assume, and you filed jointly during tax season?  USCIS looks at co-mingling of finances as strong evidence of a bonafide marriage.

 

35 minutes ago, Chemist said:

USCIS won't view the timing of the divorce so soon after receiving the conditional GC to be a little suspicious? It's not like I filed the divorce, she did! 

Not really.  Life happens, marriages fall apart.  Plenty of people divorce before filing for their ROC.   She has the same right to file for divorce if unhappy in a marriage just like you have that right.

Edited November 2, 2017 by Going through

[Going through 5,671]

31 minutes ago, Chemist said:

I made an InfoPath appointment with USCIS to discuss this. I'll report any findings. 

Unless you can submit concrete evidence on paper that she did not enter the marriage with bonafide intent, and provide that concrete evidence (other than your suspicion, and as you put it "he said, she said" statements), an Infopass appointment may not go very far to your benefit.

[N-o-l-a 7,168]

Here is kind of the problem: you've just submitted for a K1 visa and AOS with tons of evidence and swearing this relationship is bonafide, right?  Then you turn around when it isn't going well and want USCIS to just believe you that it isn't.  So either your initial evidence was wrong and your statements, or you are wrong now.  Easier for them to just assume you are wrong about fraud now rather than go back on their adjudicated cases without some substantial proof.

 

 

[Chemist 2]

We were struggling financially in Florida and I was forced to take a better paying job out of state to support us.  So there was several months we were living apart.  This would seem to be a red flag with USCIS. She promised to move up to join me eventually but filed for divorce a few months after receiving the conditional green card.  It seemed like she was keeping things going until she had the green card.

 

I understand she has a "right to divorce" and that I submitted evidence for the K1 visa and AOS previously

 

And it seems that USCIS would rather err on the side of a good faith marriage and allowing her to stay in the country.

 

I'm surprised that USCIS wouldn't consider that she was just going through the motions to get to the green card.  If not, then what's the purpose have having a conditional status for  green cards at all?

 

Initially, it seemed to me that she had weak evidence, just a few documents, but it seems like that isn't the case.  

 

 

 

[Going through 5,671]

24 minutes ago, Chemist said:

I'm surprised that USCIS wouldn't consider that she was just going through the motions to get to the green card.

Without you submitting concrete evidence that she was scamming you all along, there would be nothing for them to consider.

She has sufficient evidence to prove she entered the marriage in good faith, if you take into account the K1 and AOS evidence submitted beforehand.  Plus the evidence she will have accumulated now between the AOS and ROC filing.

 

24 minutes ago, Chemist said:

We were struggling financially in Florida and I was forced to take a better paying job out of state to support us.  So there was several months we were living apart.  This would seem to be a red flag with USCIS.

Not a red flag.  Many couples live apart temporarily for work purposes just as you had to. You, the USC, chose to move out of the marital home during that period---not her, and the marriage is being terminated after that period, not before.  Perhaps the living apart for several months/her feeling then isolated in a foreign country is what put further strain on the marriage?

 

Edited November 2, 2017 by Going through

[Russ&Caro 1,549]

14 minutes ago, Chemist said:

We were struggling financially in Florida and I was forced to take a better paying job out of state to support us.  So there was several months we were living apart.  This would seem to be a red flag with USCIS. She promised to move up to join me eventually but filed for divorce a few months after receiving the conditional green card.  It seemed like she was keeping things going until she had the green card.

 

I understand she has a "right to divorce" and that I submitted evidence for the K1 visa and AOS previously

 

And it seems that USCIS would rather err on the side of a good faith marriage and allowing her to stay in the country.

 

I'm surprised that USCIS wouldn't consider that she was just going through the motions to get to the green card.  If not, then what's the purpose have having a conditional status for  green cards at all?

 

Initially, it seemed to me that she had weak evidence, just a few documents, but it seems like that isn't the case.  

 

 

 

There's no slam dunks on immigration. They could possibly reject her ROC and she would have to return to her home country. If they do pass her through, understand that it's rare that the government enforces the Affadavit of Support by pressing forward with a claim against the sponsor.

[mindthegap 2,590]

I will be blunt. Your spouse isn't something you can order via amazon and return because you aren't happy how it worked out.

 

You petitioned for her, she came, it didn't work out. 

It happens a lot - life, and love, sucks sometimes. 

Perhaps you left your underpants on the floor too many times or you have bad morning breath. Perhaps she wasn't happy. Perhaps she met someone else while you were living apart. Perhaps her feelings changed.

Who knows? That it did nor work out does not mean automatically mean that you were scammed.

 

 

To answer your questions - 

-Yes, she can file a divorce waiver despite her being the one who filed for divorce. It will be adjudicated on the evidence she provides. You will not be involved in that process at all.

-Yes, they can deny her, as the onus is on her to prove it was a bonafide marriage. However, if denied, once the removal proceedings in court commence, the onus is on USCIS to prove that it was not bonafide.

-Yes, it is very much a 'he said, she said' type thing. 

-Yes, you are bound by the affidavit of support should she become a public charge.

 

 

If you really want to, then contact USCIS and tell them what you think. This appears to be exactly what my ex-spouse did and it has recently caused me no end of problems, despite it all being absolute fabrication and outright lies on her part and having no evidence of such and I am quite frankly baffled as to why they acted on it.

Note however, that I still have my status, and am still here, and have a multitude of legal avenues afforded to me as a lawful permanent resident.

 

 

 

You would be better served moving on with your life and chalking it down to experience in my honest opinion.

She isn't your problem anymore.