How to get info on wife's GC?

[Nick32 2]

Me and my wife were married for 2 and a half years and she came here 2 months ago, she never showed up, she went to live with her friend.

Our relationship went south a few months ago, I asked her not to come and to return the visa that she got but she used it and arrived.

She said I should receive her GC and she wants me to give it to her, I told her that I won't do that and now I am pretty sure she changed the address and received it.

Is there any way I can get information about this? will USCIS give me any information if I call them. all I have is the receipt number of the i-130 that we sent out 2 years ago,I don't have some A number that they ask for online.

she also asked me not to file for divorce and wait 6 months because she doesn't want problems with the GC but I wan't to file now and hopefully this will revoke her GC. (we have to say the relationship was broken for 6 months before filing for a divorce and this will show that her coming here was actually fraud because we were separated) 

I want to try and get an annulment so this way it's like we were never married and her GC would have to be canceled right?  

 

So the options I'm considering are do the annulment or report her arrival as fraud, what do you guys think? I wan't her out of this country.  

Edited July 2, 2020 by Nick32

[Crazy Cat 39,186]

You cannot have her deported. If you have concrete evidence that she committed fraud, you can report it.......Other than that, all you can do is to get a good divorce attorney and protect yourself legally.  Be advised that a divorce does not cancel your responsibilities under the I-864 you signed.  Seek happiness for yourself.

Were you married 2 years or longer when she entered the US?

 

 

 

 

"Tales of the Green Card"

Edited July 2, 2020 by Lucky Cat

[Nick32 2]

1 minute ago, Lucky Cat said:

You cannot have her deported. If you have concrete evidence that she committed fraud, you can report it.......Other than that, all you can do is to get a good divorce attorney and protect yourself legally.  Be advised that a divorce does not cancel your responsibilities under the I-864 you signed.  Seek happiness for yourself.

Were you married 2 years or longer when she entered the US?

More than 2 years , will the USCIS talk to me?

[Crazy Cat 39,186]

Just now, Nick32 said:

More than 2 years , will the USCIS talk to me?

She will receive a 10 year green card........You can report fraud if you have evidence........

[Nick32 2]

Just now, Lucky Cat said:

She will receive a 10 year green card........You can report fraud if you have evidence........

Isn't it fraud if she came here after we already separated and a asked her not to come?

I'll call them tomorrow and find out if she got it already or not

[Crazy Cat 39,186]

That does not mean she committed fraud.   Is there some reason you didn't take any action to withdraw the I-130 or I-864 before the visa was issued?

[Unlockable 7,306]

28 minutes ago, Nick32 said:

Isn't it fraud if she came here after we already separated and a asked her not to come?

I'll call them tomorrow and find out if she got it already or not

You said it yourself that the relationship went south a few months ago. But you have been married for 2.5 years. That sounds like before a few months ago you had legitimate loving relationship. Which means it will be hard to make the argument as fraud. I am just giving you an example of how people on the outside (like a immigration agent) may see it. They may see it as you are simply a scorned ex.

Edited July 2, 2020 by Unlockable

[Duke & Marie 1,389]

27 minutes ago, Nick32 said:

Isn't it fraud if she came here after we already separated and a asked her not to come?

I'll call them tomorrow and find out if she got it already or not

It’s possible that if you can prove you’d separated and we’re seeking divorce prior to the visa being issued that you’ve got a case.. if you can’t, then unfortunately you can’t really do very much about it.. if you separated before the visa was issued, why didn’t you tell USCIS? 

[NancyNguyen 1,657]

All you can do is to find a good family attorney to divorce her promptly. You can't control her immigration process at this point, sorry for your problem.

[portorusa 431]

“I want her out of this country”😂 

[Nick32 2]

1 hour ago, Duke & Marie said:

It’s possible that if you can prove you’d separated and we’re seeking divorce prior to the visa being issued that you’ve got a case.. if you can’t, then unfortunately you can’t really do very much about it.. if you separated before the visa was issued, why didn’t you tell USCIS? 

Well I have to declare that the relationship was broken for 6 months in order to get a divorce and this will make her GC a fraud because she came here after it was already broken   

[Nick32 2]

What info I need to get answers from the USCIS? I want to know if she got her GC

[TBoneTX 43,019]

It's too late for the OP, but for others in this situation:  BEFORE the immigrant travels, contact the consulate that issued the visa to report that the relationship on which visa-issuance was based has failed.  Contact CBP at the potential point(s) of entry with the same information.

Edited July 2, 2020 by TBoneTX

[SalishSea 16,746]

3 hours ago, Nick32 said:

Well I have to declare that the relationship was broken for 6 months in order to get a divorce and this will make her GC a fraud because she came here after it was already broken   

That's not how that works.  She obtained a GC based on a bonafide marriage to a US citizen.  You don't get to turn around and cry fraud because the marriage failed. Those are two separate issues.

[geowrian 22,335]

3 hours ago, Nick32 said:

Well I have to declare that the relationship was broken for 6 months in order to get a divorce and this will make her GC a fraud because she came here after it was already broken   

The opportunity to stop her was by withdrawing the petition or I-864 before she got the visa. Until then, you provided all sorts of evidence to convince them that it was not fraud.

Her using the visa without your support does raise questions, but does not constitute fraud itself.

 

If you have evidence of fraud, report it. The timing alone is not enough for them to take action.

Since she entered after 2 years of marriage, she'll get a 10 year green card. The next opportunity USCIS will have to look at the case (w/o an investigation) is when she files for naturalization, renews the card, or petitions somebody else for a green card.

 

3 hours ago, Nick32 said:

What info I need to get answers from the USCIS? I want to know if she got her GC

The reality is you need to ask her if you want to know. It's her GC, not yours.

 

6 hours ago, Nick32 said:

I want to try and get an annulment so this way it's like we were never married and her GC would have to be canceled right?  

An annulment in general does not anything immigration-wise that a divorce doesn't do. It does not retroactively remove the marriage relationship for immigration purposes.

An annulment based upon marriage fraud would have a presumption of fraud if USCIS were to review it. But it does not cancel her GC. It would be a long and quite expensive process, and would probably just delay things.