Fraud based marriage-conditional green card

[davidvs 320]

I think that OP is concerned that USCIS will consider the marriage to be fraudulent if it ends in divorce, rather than claiming that someone committed fraud. 

 

 

[Agentk700 2]

Thank you all for your conversation regarding this. The reason I selected “fraud” is that her parents were heavily involved with pushing the wedding quickly. He thought he was in love but as someone posted above, did not have the ability and in-depth time to find out and understand the illness. He had no truth given to him of the actual situation from his wife or the family. So I guess that’s why I call it fraud. They pushed the marriage for him to become her caregiver, rather than husband. Now he’s in the USA, with pressure to be very successful in life (which is difficult starting out in a foreign country), pay for everything as she can’t keep a job and has been fired numerous times, and tend to her illness concerns. 
 

Perhaps fraud was the wrong selection. He had very high hopes of an actual marriage. The concern is that the USCIS will identify the marriage as fraudulent too, though he married her with great intentions of an actual marriage, not to be her caregiver. Since he’s on a conditional green card, can he get out of the marriage or will he be deported at this point? He’s just already been here for a year and has a job, etc.  

[Crazy Cat 39,375]

1 minute ago, Agentk700 said:

Thank you all for your conversation regarding this. The reason I selected “fraud” is that her parents were heavily involved with pushing the wedding quickly. He thought he was in love but as someone posted above, did not have the ability and in-depth time to find out and understand the illness. He had no truth given to him of the actual situation from his wife or the family. So I guess that’s why I call it fraud. They pushed the marriage for him to become her caregiver, rather than husband. Now he’s in the USA, with pressure to be very successful in life (which is difficult starting out in a foreign country), pay for everything as she can’t keep a job and has been fired numerous times, and tend to her illness concerns. 
 

Perhaps fraud was the wrong selection. He had very high hopes of an actual marriage. The concern is that the USCIS will identify the marriage as fraudulent too, though he married her with great intentions of an actual marriage, not to be her caregiver. Since he’s on a conditional green card, can he get out of the marriage or will he be deported at this point? He’s just already been here for a year and has a job, etc.  

As explained by @Mike E earlier in this thread, he can divorce, and immediately file for removal of conditions with a divorce waiver. Many people have done this.  I see no fraud here.  I see a marriage which didn't work out.  

[Agentk700 2]

Thank you @Crazy Cat. I guess there is just a lot of fear that he’d be deported because the marriage failed. And I’m just trying to get him the help he needs because he is under a lot of pressure. Appreciate it!

[Rocio0010 5,570]

Just to add to what everybody else has been saying, he should divorce and file for 751 with the divorce waiver. Plenty of people do it.

He entered the marriage in good faith, he was given a conditional green card.

It is also important to state that he needs to save evidence that they shared a common life.

[OldUser 4,938]

@Agentk700 Make sure your relative does not to use heavy terms such as "fraud" or blame somebody into tricking him to marry the person. 

 

The way I understand it:

1. He geniunely loved the person

2. He married her because he wanted to have a family with her

3. Nobody forced him to marry, he is an adult who could decide for himself

4. As the time went by, he discovered the marriage would not work out

 

If the statements above are not accurate and he indeed committed a fraud, then yes, he would be in big trouble.

 

If the statements above are correct, he would need to file for divorce and submit I-751 with the waiver. He would be OK if he can prove they had a legitimate marriage, supported by a lot of evidence.

 

Edited October 12, 2022 by OldUser

[Dave Knapp 47]

17 hours ago, JeanneAdil said:

OP its not fraud nor even underhanded if a person -even with an illness - wants to marry and try for a normal life

 

its just somewhat sad that we,  the public,  are clueless to those who need compassion or help

Not what I would call complete disclosure, tho.

[JeanneAdil 6,220]

2 hours ago, Dave Knapp said:

Not what I would call complete disclosure, tho.

Too many times i see posts where the immigrant comes to US and what they believe about the USC and life in US,  is not in line with their thinking

 

US is not the way Hollywood shows the world

 

Does this poor woman know she is mentally ill?   most do not and many who are ill in any manner ,  hide from the world 

It "appears"  and we don't know the whole story ,  that the woman's family married her off to make her the problem of another.   That is cruel.

and before this man divorces ,  he really should try to find help for her.  to divorce an person ,  the person must be able to understand

 

https://mensdivorce.com/mental-incompetence-divorce/

 

• Mental cognizance and mental capacity are required in giving consent in both marriage and divorce.

To the OP 

1.  was she getting SSI when u married?

2.  was she seeing a dr?

3.  was she taking medication

4.  did she qualify on her income or need joint sponsor?

To me if someone (other than someone just out of college with a good future ahead)  can not even meet the poverty guidelines ,  life is going to be hard in the US

 

Edited October 13, 2022 by JeanneAdil