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How can I divorce my spouse who has been in the US for only 3 months and came here on an IR1 visa from me

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I got married in July 2016, I have been married a total of 3 years however I maybe only spent 1 year and 6 months living with my spouse. In about October 2017 I applied for the USCIS I-130 for my spouse. His papers were approve in December 2018. He arrived to America with an IR1 Visa in January 2019, he lived with me and my family  until March 2019, after her got his green card in the mail then received his social security and then got his drivers licenses (all with the help of me) he left the house and disappeared. It is clear he married me for the US citizenship. How can I legally divorce him and is there a way for him to be deported since the marriage is in bad faith. I have a daughter with him (me and my daughter are both born in the USA). He does not and never has spent actual time with myself or my daughter. He does not care about myself or my daughter and left my families home with only his important papers and money and left us nothing.

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You can file for a divorce. 

 

He has a 10 year GC now so there really isn't anything you can do about his status unless you have real concrete evidence of marriage fraud. 

 

Focus on yourself and your daughter and forget about him. Doesn't sound like he will be in your daughter's life if he just left and haven't been heard from.


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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Posted (edited)

Like above. Divorce, even if don't know where he is, you can still divorce, then move on. You can write USCIS and inform them, but they likely won't do anything unless you had hard evidence of fraud or something. So just move on and let him sort it out on his own. 

Live and learn.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifgiphy.gif     

 

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Being divorced means it will take him 5 years rather than 3 years to become a US Citizen.


“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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3 minutes ago, SusieQQQ said:

I’m sorry to hear about this. It’s so frustrating and heartbreaking to be taken advantage of and feel like there is nothing you can do about it. And it’s true that unless you have concrete evidence of fraud it’s hard. However.... one thing you can do if he truly disappears out of your lives and shirks his obligations to your child is to put on record that he owes child support. That wlll be an issue for when he tries to naturalize as it will go against good moral character and prevent him naturalizing. 

 

Good point. Definitely if OP wants to stick it to him, and rightfully so she should, requesting child support is the way to go.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifgiphy.gif     

 

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Just now, Ben&Zian said:

 

Good point. Definitely if OP wants to stick it to him, and rightfully so she should, requesting child support is the way to go.

That’s only part of it (the part that makes me so mad when people enter into green card marriages and seem to get away with it). The pure fact is that he does have an obligation to his child.

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Just now, SusieQQQ said:

That’s only part of it (the part that makes me so mad when people enter into green card marriages and seem to get away with it). The pure fact is that he does have an obligation to his child.

There might also be a problem if he applies for welfare. Since the OP or someone she knows is a sponsor. OP might have to be responsible paying back whatever welfare he receives. Maybe look into petition to withdraw support while demanding for child support after a divorce. There have been cases where people gets called to the court or get thrown into jail for refusing to pay child support.


My timeline

Concurrent filing of I-130, I-485, and I-765 (USC spouse)

Current status: F1 (expires 07/05/2019)

Local USCIS office: Des Moines IA

Service center: NBC

 

03/01/2019: FedEx delivery

03/01/2019: Priority/ Received date

03/04/2019: Notice of action (receipts)

03/08/2019: Notice of action (Biometrics appointment)

03/08/2019: I-693 Courtesy letter

03/27/2019: Biometrics

04/02/2019: Ready to be scheduled for an interview

 

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Since he got a GC already she can't just pull the affidavit of support, but definitely divorcing and requesting child support is the way to go. 


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifgiphy.gif     

 

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5 minutes ago, Vega007 said:

There might also be a problem if he applies for welfare. Since the OP or someone she knows is a sponsor. OP might have to be responsible paying back whatever welfare he receives. Maybe look into petition to withdraw support while demanding for child support after a divorce. There have been cases where people gets called to the court or get thrown into jail for refusing to pay child support.

The I-864 is binding.  There are specific requirements to end the obligation.  Divorce and immigration fraud are not on the list.  There is NO WAY to withdraw the I-864 once the beneficiary becomes a green card holder.  

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10 minutes ago, aaron2020 said:

The I-864 is binding.  There are specific requirements to end the obligation.  Divorce and immigration fraud are not on the list.  There is NO WAY to withdraw the I-864 once the beneficiary becomes a green card holder.  

Pretty sad that OP will stuck with the possibility of having that financial burden added for years down the road.


My timeline

Concurrent filing of I-130, I-485, and I-765 (USC spouse)

Current status: F1 (expires 07/05/2019)

Local USCIS office: Des Moines IA

Service center: NBC

 

03/01/2019: FedEx delivery

03/01/2019: Priority/ Received date

03/04/2019: Notice of action (receipts)

03/08/2019: Notice of action (Biometrics appointment)

03/08/2019: I-693 Courtesy letter

03/27/2019: Biometrics

04/02/2019: Ready to be scheduled for an interview

 

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1 hour ago, Vega007 said:

Pretty sad that OP will stuck with the possibility of having that financial burden added for years down the road.

It's really sad. The affidavit of support is still binding per her contract with the govt until he naturalizes. 

One of the reasons CR1 was carved out of IR1 but there's no one size fit all solution for marriage fraud.

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