Possible deportation?

[Skip2019 0]

Hi all,

 

Me and my partner met in Europe in 2015, we were together for just over 8 years, married for 5. We got married in Europe and we filled out the documents to bring me into the US. Now, over the last 2 years I'd say things have gone very south but we still kept trying to fight for this to work... living with his in-laws did us no favors Now, I strayed and developed another relationship with another man. Caught red handed and I will 100% say it was my fault but I just don't love him anymore and I know deep down he feels the same, he now has spoken with an immigration Lawyer and the Lawyer has stated that he can make a complaint to USCIS and try to have me deported. This was never about a green card as we traveled the world together, lived in different countries, had so many fond memories but we just want different things in life now, he was going off to study and wants to move to Europe, I'm quite happy building a career here and I would like to develop a family. My file has been pending for nearly 1 year. When I spoke with an Immigration Attorney he stated that I have a very strong case to remain here as I did enter the marriage in good faith. We filed our taxes together, we had a joint bank account back in France, but not in the US as we wanted to keep our funds separate. We just signed the divorce papers today, what do I do next? I believe, I have to wait for the divorce decree? 

[OldUser 5,071]

11 minutes ago, Skip2019 said:

Hi all,

 

Me and my partner met in Europe in 2015, we were together for just over 8 years, married for 5. We got married in Europe and we filled out the documents to bring me into the US. Now, over the last 2 years I'd say things have gone very south but we still kept trying to fight for this to work... living with his in-laws did us no favors Now, I strayed and developed another relationship with another man. Caught red handed and I will 100% say it was my fault but I just don't love him anymore and I know deep down he feels the same, he now has spoken with an immigration Lawyer and the Lawyer has stated that he can make a complaint to USCIS and try to have me deported. This was never about a green card as we traveled the world together, lived in different countries, had so many fond memories but we just want different things in life now, he was going off to study and wants to move to Europe, I'm quite happy building a career here and I would like to develop a family. My file has been pending for nearly 1 year. When I spoke with an Immigration Attorney he stated that I have a very strong case to remain here as I did enter the marriage in good faith. We filed our taxes together, we had a joint bank account back in France, but not in the US as we wanted to keep our funds separate. We just signed the divorce papers today, what do I do next? I believe, I have to wait for the divorce decree? 

You have I-751 pending?

What all the evidence did you send?

When are you getting the divorce decree?

 

Your ex cannot deport you but can complicate I-751 approval, that's all. If USCIS finds your marriage wasn't bonafide, that's when you can get put in removal.

Edited November 21, 2023 by OldUser

[Mavus101 0]

Hello,

 

I went through a similar situation except I did not have an affair, given the time frame of your relationship I think you'll be ok. If your partner does decide to make a complaint you'll need an attorney for sure, provide a bunch of photos as well as affidavits from friends/families/work colleagues etc to help prove your marriage was legitimate, which in my eyes it sounds like It was genuine. Being from the UK I have some sympathy as it can be quite scary being by yourself and giving everything up.

[Boiler 43,721]

I am going to guess a 10 year GC but maybe not, are you removing conditions?

[Skip2019 0]

6 minutes ago, OldUser said:

You have I-751 pending?

What all the evidence did you send?

When are you getting the divorce decree?

 

Your ex cannot deport you but can complicate I-751 approval, that's all. If USCIS finds your marriage wasn't bonafide, that's when you can get put in removal.

 

Hi,

 

Yes the I-751 has been pending since December 2022,

We sent the photos, affidavits from her family and our friends stating our marriage was genuine etc.

The divorce was just signed today. How can USCIS find out whether our marriage wasn't bonafide?

1 minute ago, Boiler said:

I am going to guess a 10 year GC but maybe not, are you removing conditions?

 

Yes a 10 year GC, removing conditions.

[OldUser 5,071]

1 minute ago, Boiler said:

I am going to guess a 10 year GC but maybe not, are you removing conditions?

 

16 minutes ago, Skip2019 said:

My file has been pending for nearly 1 year. 

^^ this makes me think OP is going through ROC 

[Boiler 43,721]

You need to refill with a divorce waiver, did not the Lawyer mention this!

[OldUser 5,071]

1 minute ago, Skip2019 said:

 

Hi,

 

Yes the I-751 has been pending since December 2022,

We sent the photos, affidavits from her family and our friends stating our marriage was genuine etc.

The divorce was just signed today. How can USCIS find out whether our marriage wasn't bonafide?

 

Yes a 10 year GC, removing conditions.

Is this all the evidence you sent? Seems thin to me. Photos and affidavits are the weakest evidence. How about jointly filed taxes, leases, health insurance, beneficiaries on 401K plans, flight reservations with both names etc?

 

[Skip2019 0]

The Lawyer mentioned this, but I just wanted to know whether he is trying to threaten me with his actions.

Just now, OldUser said:

Is this all the evidence you sent? Seems thin to me. Photos and affidavits are the weakest evidence. How about jointly filed taxes, leases, health insurance, beneficiaries on 401K plans, flight reservations with both names etc?

 

Sorry,

 

We did send taxes, I have health insurance cards, flight reservations etc

[OldUser 5,071]

7 minutes ago, Skip2019 said:

The Lawyer mentioned this, but I just wanted to know whether he is trying to threaten me with his actions.

Sorry,

 

We did send taxes, I have health insurance cards, flight reservations etc

You should be OK then.

Yes, it's not going to be the easiest case, since your ex spouse is sour, but it's approvable. You need to convert your case to divorce waiver. Or file a fresh I-751 based on divorce and withdraw existing petition.

Edited November 21, 2023 by OldUser

[Skip2019 0]

3 minutes ago, OldUser said:

You should be OK then.

Yes, it's not going to be the easiest case, since your ex spouse is sour, but it's approvable. You need to convert your case to divorce waiver. Or file a fresh I-751 based on divorce and withdraw existing petition.

Ok great,

 

He said that maybe it would be best for me to go back to France, and that he will complain to USCIS. 

[OldUser 5,071]

14 minutes ago, Skip2019 said:

Ok great,

 

He said that maybe it would be best for me to go back to France, and that he will complain to USCIS. 

He can complain to USCIS but it doesn't mean you can't stay in the US. Your ex doesn't own you or your immigration status. I totally understand he's hurt and you wasn't nice of you to cheating, but he is not in charge of your immigration status.

Edited November 21, 2023 by OldUser

[Skip2019 0]

4 minutes ago, OldUser said:

He can complain to USCIS but it doesn't mean you can't stay in the US. Your ex doesn't own you or your immigration status. I totally understand he's hurt and you wasn't nice of you to cheating, but he is not in charge of your immigration status.

I see, I did try to update my change of address on the USCIS website. However, It states the following

 

Do not use this request to change your address if:

• You are a victim of domestic violence, trafficking, or other crimes;
• You previously filed a Form I-751, Petition to Remove Conditions on Residence, abuse waiver.

 

Should I still fill the form out for address change? Sorry for the questions, I'm just stressed

[OldUser 5,071]

22 minutes ago, Skip2019 said:

I see, I did try to update my change of address on the USCIS website. However, It states the following

 

Do not use this request to change your address if:

• You are a victim of domestic violence, trafficking, or other crimes;
• You previously filed a Form I-751, Petition to Remove Conditions on Residence, abuse waiver.

 

Should I still fill the form out for address change? Sorry for the questions, I'm just stressed

Yes, of you no longer live at the address, you need to file AR-11 within 10 days of moving.

 

You're gonna be removing conditions based on good faith marriage and divorce, not abuse.

Edited November 21, 2023 by OldUser

[Skip2019 0]

5 minutes ago, OldUser said:

Yes, of you no longer live at the address, you need to file AR-11 within 10 days of moving.

 

You're gonna be removing conditions based on good faith marriage and divorce, not abuse.

I only just read about filing the AR-11. I move into an apartment on Sunday.