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heyimmovingon

Marriage fraud? Need advice on what to do next.

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I'll try to be as brief as possible. I met my wife 3 years back and we've been married roughly 18 months. Things were great before she came (K1 Visa) but after she got here, the signs started to show. Withdrawn, no sex, changing plans etc....... We have no joint property, kids, or accounts. Anyway, she got her conditional green card roughly a month ago and decided to leave. I don't want to deal with the drama so I'm filing for divorce. Even though she's gone, she has stated that she doesn't want me to file divorce. The only reason I could think as to why she would say that is because she wants to remain married long enough to get her permanent green card. My question is if there is anything I need to look out for while going through the divorce process? I've read up on the VAWA thread and that seems like a route she might take as a last resort. Of course, I've never physically or emotionally abused her and I don't want any lies told on me. Furthermore, I could lose my job if she accused me of such things since I work for the government. I just want to start the divorce, move past it and move on with my life. Any advice would be appreciated. 

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Posted (edited)
13 minutes ago, heyimmovingon said:

My question is if there is anything I need to look out for while going through the divorce process?

She could be going through the normal adjustment period in a new country with no family, no friends, no familiar surroundings, etc. and lashing out at you through arguments/fights which lead to the breakdown of your marriage (which is possibly why she does not want to divorce yet)...however:

 

If you fear she  may submit a false VAWA application, have as little physical/personal contact with her as possible, and don't ever be alone with her in person.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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Posted (edited)

It's not that simple. Marriage is a legal contract which affords both parties certain rights. You'll have to negotiate with her, it's not like breaking up with a girlfriend. 

If she has no evidence of abuse then you have nothing to worry about on that front & like Going through said meet in public so you have witnesses if she makes false claims. Protect yourself by taking sensible precautions if you think she'll go down that route. But if she doesn't want a divorce then I doubt she'd do that as this point because she wants you onside. 

Edited by fip & jim

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I assume she will change her mind about the Divorce when she finds out she is the one that actually needs it to go through.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Once divorced, the ROC with a divorce waiver is all on her. You are not involved unless you volunteer to provide her the financial documents to prove marriage was in good faith (I'm assuming you're not going to help). If she has none or runs into issues, well that's her problem and not yours.

 

 

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Hm, your wife may not have necessarily committed fraud by marrying you. It sounds like she realized moving and living in the US wasn't what it was cracked up to be, so she bailed. Sorry I know that's not really that much more reassuring. But truly fraudulent spouses manifest other behaviors and it doesn't seem like your wife has displayed them. If you divorce her, then the rest of her immigration process (if she pursues it) is 100% her responsibility. By divorcing her before removal of conditions, you remove yourself from the equation. It'd be messier if you tried to divorce her during removal of conditions. Have you tried or considered marriage counseling? Do you know where she is?


08/08/17: PD 

08/15/17: NOA1's received

09/06/17: Biometrics Appt

10/23/17: 1st SR for I-765

11/28/17: 2nd SR for I-765 (w/ Tier 2 rep)

01/16/18: Contacted senator

02/01/18: RFIE mailed (online update)

02/04/18: RFIE letter received RE: I-864

03/09/18: RFIE response sent

03/15/18: RFIE response delivered (UPS tracking)

03/19/18: RFIE response acknowledged (online update)

03/30/18: Contacted ombudsman

04/02/18: Contacted senator again

04/17/18: Combo card approval (online update)

04/19/18: Combo card mailed (online update)

04/22/18: Combo card received 

08/21/18: INTERVIEW SCHEDULED! (online update)

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1 hour ago, Umka36 said:

You are not involved unless you volunteer to provide her the financial documents to prove marriage was in good faith (I'm assuming you're not going to help).

He won't need to help/provide her with the financial co-mingling proof...if she was on joint bank accounts, joint bills, joint health insurance and joint tax filings she can obtain copies/statements without his help by contacting the bank/utility companies/etc. on her own.

 

Plus they would have previously submitted a load of evidence jointly during the AOS stage which further goes towards proof of entering the marriage in good faith, so she's also got that under her belt so-to-speak in her file already if the IO wanted to look backwards.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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1 minute ago, Going through said:

He won't need to help/provide her with the financial co-mingling proof...if she was on joint bank accounts, joint bills, joint health insurance and joint tax filings she can obtain copies/statements without his help by contacting the bank/utility companies/etc. on her own.

 

Plus they would have previously submitted a load of evidence jointly during the AOS stage which further goes towards proof of entering the marriage in good faith, so she's also got that under her belt so-to-speak in her file already if the IO wanted to look backwards.

Agree does seem a bit of a farce.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Posted (edited)
44 minutes ago, Going through said:

He won't need to help/provide her with the financial co-mingling proof...if she was on joint bank accounts, joint bills, joint health insurance and joint tax filings she can obtain copies/statements without his help by contacting the bank/utility companies/etc. on her own.

 

Plus they would have previously submitted a load of evidence jointly during the AOS stage which further goes towards proof of entering the marriage in good faith, so she's also got that under her belt so-to-speak in her file already if the IO wanted to look backwards.



It's debatable.

A lot of K-1 visas had been approved without interview. Most K-1 to AOS don't have an incredible amount of proof since they're only married for max 3 months, minimum a couple of days.

I wish I could go back and see what we had for AOS, but I can tell you it was next to nothing since we had been married for a month at the time of AOSing. ESPECIALLY compared to what we have after two years of marriage.


One thing I am curious about..


You say you've been married for roughly 18 months, but she just got her conditional green card a month ago. Is the process that backed up now or did something happen to where ya'll delayed filing for AOS?

Seems like a really large time gap from K-1 to AOS.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

Spoiler

Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail

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