Removal of Condition with Ground of Divorce = Cruelty... HELP!

[VALU 55]

Quote

 

Hi guys,

 

I posted before about my case. US Citizen who sponsored now ex-husband as of today. We are in the State of Maryland. The Judge ruled that it was indeed based on Cruelty that the immigrant husband subjected me to. However, the Judge said that the ground of divorce are not mentioned on the divorce document. I thought the Divorce creed mentions that because immigration officers would want to know the real reason for the divorce. The ex-husband filed for divorce to remove conditions and has a pending criminal case of domestic abuse. I counter-filed his divorce saying it was not based on mutual agreement but cruelty which I was able to prove in divorce trial today.  So if cruelty grounds of divorce won't be mentioned on the divorce document, how would immigration know?

 

I'm going to send immigration the divorce hearing/trial transcript where the judge ruled Cruelty as the grounds of divorce. But it sucks that the divorce document won't have that. I live in Montgomery County, Maryland. Has anybody ever heard of this? Please advise on how to handle this because I want immigration to know the truth about this marriage and the grounds of divorce. I thought EVERY divorce creed that immigration gets has Cruelty/real reason for divorce noted. This one will just say Absolute Divorce granted or something like that...

[JeanneAdil 6,256]

Normally immigration does not care why u divorced

now ,  are not in control of his immigration proceedures

.Remember u went thru a lot to document the marriage was bona fida and immigration holds both of you responsible 

 

If u made a complaint with the police and / or had him arrested,   that can affect his naturalization 

 

but at this point he is free to file a divorce waiver and continue to live in the US

[Unlockable 7,306]

I read your post and I was seeing how you can move forward with immigration but there is a problem. I am not seeing any evidence of fraud. If you want to claim fraud by your ex husband you have to prove the marriage was not entered in good faith...not why the marriage ended. Again, this is for claiming fraud for immigration. 

 

If you have evidence that he never wanted to marry you for love and only for immigration benefits, you will have a better case. But if it is just a bonafide marriage that has gone bad (and yes even if there was abuse) then it will be hard to claim he was being fraudulent when he married you. 

 

Regardless, you can still send in the court documents and see what they say. But proceed with cautious optimism. 

[Unlockable 7,306]

*** Thread moved to Effects of Major Family Changes on Immigration Benefits section of the forum.

 

VJ Moderation

[Boiler 43,757]

There is nothing for you to handle, seems he had removal of conditions to go through but that is all down to him 
 

[Boiler 43,757]

20 minutes ago, Unlockable said:

I read your post and I was seeing how you can move forward with immigration but there is a problem. I am not seeing any evidence of fraud. If you want to claim fraud by your ex husband you have to prove the marriage was not entered in good faith...not why the marriage ended. Again, this is for claiming fraud for immigration. 

 

If you have evidence that he never wanted to marry you for love and only for immigration benefits, you will have a better case. But if it is just a bonafide marriage that has gone bad (and yes even if there was abuse) then it will be hard to claim he was being fraudulent when he married you. 

 

Regardless, you can still send in the court documents and see what they say. But proceed with cautious optimism. 

They will not say anything not her case.

[Ontarkie 13,962]

Send the paperwork in. With a pending criminal case still waiting for your ex along with the court transcripts of the abuse. It could be something they would be interested in and may wait to make a decision pending his trial. 

 

Once you send that in wash your hands of everything and not spend anymore time on your ex. 

[JeanneAdil 6,256]

58 minutes ago, Unlockable said:

I read your post and I was seeing how you can move forward with immigration but there is a problem. I am not seeing any evidence of fraud. If you want to claim fraud by your ex husband you have to prove the marriage was not entered in good faith...not why the marriage ended. Again, this is for claiming fraud for immigration. 

 

If you have evidence that he never wanted to marry you for love and only for immigration benefits, you will have a better case. But if it is just a bonafide marriage that has gone bad (and yes even if there was abuse) then it will be hard to claim he was being fraudulent when he married you. 

 

Regardless, you can still send in the court documents and see what they say. But proceed with cautious optimism. 

Regardless, you can still send in the court documents and see what they say. But proceed with cautious optimiosm. 

 

OP  the above poster says this as USCIS views marriage fraud (if u can prove it) as USCIS says the following:

 

Both non-citizens and citizens can face consequences for committing marriage fraud. ... Any person, whether a citizen or a non-citizen, who intentionally commits marriage fraud for immigration purposes faces up to five years in prison as well as a $250,000 fine.Jul 27, 2021

 

Let it go

[Boiler 43,757]

There is mention on the prior thread of criminal action, that may really complicate removing conditions 

[JeanneAdil 6,256]

18 minutes ago, Boiler said:

There is mention on the prior thread of criminal action, that may really complicate removing conditions 

just reread that post 

it states he got arrested and went to jail for a few months before he could file for divorce

and said the divorce was contested 

Still say to OP 

let the divorce go thru /why contest it ?

protect yourself and the kids

and let what happens in immigration be his problem

or this will cause you more problems like depression and anxiety

get away

stay away

let it go

[VALU 55]

Thank you All for your input. As long as I'm responsible for the immigration affidavit of support, this case will be my problem (for those saying to leave the immigration part alone). If the first application is all that mattered then why have another application for removal of conditions. There's a reason for that....

 

Greencard is awarded based on moral aptitude so the cruelty grounds of divorce, and arrest etc., matter in the grand scheme of things from what I am reading. So thanks to those confirming that.

 

He was arrested and spend 3 months in jail. Yes he has a pending criminal case. The cruelty divorce ruling was another safety net that I pursued.

 

I'm not depressed or suffering anxiety. I'm happy I'm divorced from an abuser. But I am seeking justice and to make sure that he's the least of my problems down the line. And that I won't have blood on my hand if he ends up doing this to another person or killing them. So I'm leaving no stones unturned. So yes, will not let it rest for as long as my future and my kids future will be affected... Will send the documents.

Edited January 7, 2022 by VALU

[Boiler 43,757]

I am not sure what you are trying to achieve seems he will have issues removing conditions but may not even try to do so

[VALU 55]

5 minutes ago, Boiler said:

I am not sure what you are trying to achieve seems he will have issues removing conditions but may not even try to do so

I believe he already applied to remove but has been stalled by the pending issues, based on what he said during the trial. If he vacates his removal of conditions application, I will be good and happy with that also.

Edited January 7, 2022 by VALU

[Boiler 43,757]

7 minutes ago, VALU said:

I believe he already applied to remove but has been stalled by the pending issues, based on what he said during the trial. If he vacates his removal of conditions application, I will be good and happy with that also.

You think he will go home if he is unable to remove conditions?

[Coco8 1,039]

If you want him to be denied  the removal of conditions, I think that getting him a conviction for the domestic abuse is going to help more than the divorce. Convictions gets people in trouble with immigration. 

Edited January 8, 2022 by Coco8