How to get info on wife's GC?

[Sparkle Sparkle 913]

I think we have heard the wife's side of the story on VJ before. I imagine visa journey members must be weary of being called down on both sides of marriage fracas and GC scams.

Edited July 2, 2020 by Sparkle Sparkle

[Sparkle Sparkle 913]

8 hours ago, Nick32 said:

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.  

1.You cant talk to immigration with both sides of your mouth...you provided sufficient evidence to convince two different government bodies that your marriage is legit and you can take care of her in other for them to issue her a visa.

 

2. At the Minimum to even get their attention you must provide huge evidence that she committed fraud and you didnt know about it (not just you had a bad marriage)

Secondly, the moment she stepped into the US she became a legal resident and going by your more than 2 years marriage she will get a 10 years GC ....which means she does not even need the marriage to become a US citizen just like you.

 

Additionally if she is investigated for immigration fraud, any other application you submit including I-130 or I-129f will be closely scrutinized.

 

3. She must have confirmed her address at POE ....since you guys were not in good terms and she didnt go directly to your house...means she didnt use your address at POE.

You are on the hook for I-864 until she becomes a citizen.

 

4. My advise to you is leave her alone, count your loses....find a divorce lawyer and divorce her before she legally ask for Alimony or Split your 401k etc.

5. Try as much as possible not to have a messy divorce!!!

 

Edited July 2, 2020 by Sparkle Sparkle

[Crazy Cat 39,791]

7 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   

No, that, alone, does not constitute fraud. Since you didn't withdraw the I-130, the relationship remained intact as far as USCIS is concerned.  As the petitioner, you allowed the process to continue.  Now, she is a legal resident of the US.

1.  Find a good divorce attorney to protect yourself legally.

2.  Let her status in the US go.  

3.  Seek happiness for yourself.

 

It would benefit you for her to become a US citizen as soon as possible since the I-864 (Affidavit of Support) is enforceable for many years.

[bobjennyhitched 99]

1 hour ago, Sparkle Sparkle said:

1.You cant talk to immigration with both sides of your mouth...you provided sufficient evidence to convince two different government bodies that your marriage is legit and you can take care of her in other for them to issue her a visa.

 

2. At the Minimum to even get their attention you must provide huge evidence that she committed fraud and you didnt know about it (not just you had a bad marriage)

Secondly, the moment she stepped into the US she became a legal resident and going by your more than 2 years marriage she will get a 10 years GC ....which means she does not even need the marriage to become a US citizen just like you.

 

Additionally if she is investigated for immigration fraud, any other application you submit including I-130 or I-129f will be closely scrutinized.

 

3. She must have confirmed her address at POE ....since you guys were not in good terms and she didnt go directly to your house...means she didnt use your address at POE.

You are on the hook for I-864 until she becomes a citizen.

 

4. My advise to you is leave her alone, count your loses....find a divorce lawyer and divorce her before she legally ask for Alimony or Split your 401k etc.

5. Try as much as possible not to have a messy divorce!!!

 

Can I add that it's illegal to withhold her Green Card as it's not yours (technically the property of the governments, but like passports), she could get OP in trouble by calling the police. Besides, she can just get it re-issued once she's reported it stolen, which it would be.

 

I understand OP might be hurt, but if she obtained the IR1 on the grounds of a bonafide marriage, then there is no fraud here. Report all you want, doesn't mean anythings going to happen. Plus the USA is huge, what's the likelihood you will run into each other.

 

Divorce her like above before she can get you for any further monies.

[stech786 236]

No one on this forum is a lawyer or even close to it. I suggest get a real lawyer & see what you can do. 
 

best of luck

[Crazy Cat 39,791]

3 hours ago, stech786 said:

No one on this forum is a lawyer or even close to it. I suggest get a real lawyer & see what you can do. 
 

best of luck

I'm sure there a lot of immigration attorneys who would take the OP's money......and achieve nothing........not that all attorneys would.

Edited July 2, 2020 by Lucky Cat

[Mollie09 1,543]

2 hours ago, Sparkle Sparkle said:

4. My advise to you is leave her alone, count your loses....find a divorce lawyer and divorce her before she legally ask for Alimony or Split your 401k etc.

5. Try as much as possible not to have a messy divorce!!!

 

Doesn't matter how long it takes to file divorce or who files it. In the vast majority of cases, she can go after alimony, 401k, etc. because they were married for two years. Either she is entitled to it or she's not, but that depends on the state and whether she wants to fight or not. Sounds like maybe she just wants to move on.

Edited July 2, 2020 by Mollie09

[stech786 236]

2 minutes ago, Lucky Cat said:

I'm sure there a lot of immigration attorneys who would take the OP's money......and achieve nothing........

At least you can hold them accountable. Over here, everyone is a ghost

[Sparkle Sparkle 913]

28 minutes ago, Mollie09 said:

Doesn't matter how long it takes to file divorce or who files it. In the vast majority of cases, she can go after alimony, 401k, etc. because they were married for two years. Either she is entitled to it or she's not, but that depends on the state and whether she wants to fight or not. Sounds like maybe she just wants to move on.

A friendly call to discuss the future in a nice tone....let her know he does not have any issues with her and no immigration report. He should let her know he wants just divorce so he can  move with his life....get her to sign a waiver for the divorce and easy no fault divorce ....if he keeps threatening her she will plead her case to a lawyer and lawyers will convince her to get all she can from him....he needs to be smart.

If he continues to threaten her, she can get a restraining order against him..that will go into records and definitely not in his favor .

Edited July 2, 2020 by Sparkle Sparkle

[Boiler 43,804]

9 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   

You need to Lawyer up FAST. She obviously could not have entered without your participation.

 

Quote

This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

Good luck and let us know what your Lawyer suggests.

[JFH 12,189]

9 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   

But is that true? You can’t have two versions of the story running at the same time. You said the relationship started to break down a few months ago. Now you are claiming on your divorce paperwork that it was 6 months ago. So are manipulating the facts on the divorce paperwork to get the desired outcome? Ironically that’s exactly what you are accusing your wife of doing to get her visa. If the marriage did fall apart 6 months ago or more, sounds like either or both of you swindled the embassy in presenting a story of a genuine romantic relationship in order to have the visa approved. 
 

And you are also considering an annulment. The requirements vary by state but in general the annulment option is to protect vulnerable people who have been manipulated or coerced into a marriage without full disclosure of the facts. It’s not a “flexible returns policy” with no questions asked. You’re not returning an item to Macy’s. I don’t know where you live but it will be almost impossible to get an annulment after two years of marriage and jumping through hoops to convince not one but two separate government agencies that the marriage is genuine. 
 

Sounds like you are being slightly shady in your dealings with this matter also. If you are going to “report” someone for fraud, you need to at least make sure your slate is perfectly clean first. 

If she did string you along and was only interested in a green card all along, she not only has great stamina but she’s also a damn good actress. She fooled you and the government if that’s the case. It’s unusual for green card shoppers to play the game that long. 
 

I’m confused by “she never showed up”. Were you not there at the airport to meet her? Did she walk straight past you and into a cab? Or did she fly a completely different routing or date than what she told you so you were left standing at the airport waiting for her in vain?

[Crazy Cat 39,791]

21 minutes ago, Sparkle Sparkle said:

he needs to be smart.

Agree 100%.  Right now, he is eyeballs deep in this sticky situation, and he is beyond the point of no return regarding her status as a perm resident.  The best he can hope for, imho, is a smooth divorce and a fast route to her citizenship......

Edited July 2, 2020 by Lucky Cat

[NancyNguyen 1,657]

1 hour ago, stech786 said:

At least you can hold them accountable. Over here, everyone is a ghost

Hold attorneys accountable? You must be fun at parties. Before you deal with attorneys, you always need to sign some no-guarantee agreements. You don’t trust people here, then why are you here?

[killadocg23 88]

I am very curious. What country is your wife from ?

[Carpe Vinum 2,314]

Report the fraud if you have evidence (97% possibility no action will be taken), divorce and move on with your life. Yes, I made up the 97% but you get my meaning)))