degreeofhope

re

#1 Look theres nothing wrong or selfish about wanting to stop somebody who used you from reaping benefits- whether to you that means the word 'deportation' you keep using incorrectly, or refused entry, or denied removal of conditions, or no more green card- free travel pass back and forth to US because lets be honest thats the only thing shes using it for. She has no intent to be a resident here.

#2Im going to assume you were primarily in charge of filing the paperwork the last time around. Do you recall how slow the process was? Nothing at USCIS happens at lightning speed. ABSOLUTELY NOTHING> There is nothing you can do to get a block put on her before her card expires on June 16th. (even if you went to the fraud division and gave them some kind of concrete proof they were all yup yeah this is definitely a revoke-able offense- they would send her a notice to appear in immigration court as an immigration judge is the only one who can revoke her status. Her hearing would not be for months. And even then it would be a primary hearing. Revocation hearings can take months and months if not years to be finalized when lawyers get involved.) So please give up the idea that you are going to be able to stop her at the airport.

You can not file the ROC and pray for bad weather/flight cancellations/delays and hope she arrives in the US after her card expires with out any extension letter but then it will be up the CBP to let her in or not. But dont be surprised if they do let her in to file her ROC late. It would be their discretion. She is married to a USC after all and is one day late due to bad weather- would be claiming she thought the form was filed, doesnt speak English etc etc. But really give up the idea of blocking her at the airport and focus on realistic options.

#6. Nice to hear you are squeaky clean. Lets keep you that way. As rlogan will testify to- that will not stop someone from saying otherwise in order to obtain benefits. It happens every single day. This is the ideal scenario for it. You are refusing the sign the joint roc, you have no joint assets. She can hire a lawyer or do it herself (unlikely if she doesnt speak English though) and tic the abuse box and claim my spouse is an abusive a*shole. She doesnt need to be divorced. The lack of joint stuff is because you are controlling and refused it. Its much easier to prove if she had police reports and photos of injuries (you say none exist- so keep it that way) Harder to prove based on testimony like her word of mental torment back by a dr report for psych treatment.

This is why it is absolutely necessary for you to file for divorce. Who in the heck is telling you you cant get a divorce unless both people agree?? If that was true there would be a lot of people trapped in marriages right now. lol. If she refuses to sign/doesnt agree to it- the judge will order it anyway. You can not be trapped married to someone you do not want to be just because they wont let you go. Thats ridiculous. Think about it. You are not at her mercy.

Look up the laws for your state. CA divorces are fairly simply. I cant recall the exact laws off the top of my head but you may fall into one of the separated for so long categories. (as shes been away for so long) Otherwise youd follow the contested (as you are not in agreement). As stated before- the divorce would give you protection from harassment, protect the property, where she can come live or rather NOT come live when she arrives back- hence protecting you from false DV claims. (your number one priority).

Im sorry if you dont want a long road and are looking for a quick solution (block her at the airport). There is no quick solution. Just the semi long road. Its really not that long.

(Im not going to get too deep into the Aff of support- bottom line it does not make you responsible for her financially. It makes you responsible to pay back the gov for any means tested benefits she receives while in the US. While some people make it an issue in the divorce/after the divorce- in this case I personally dont see it happening for a variety of complex reasons)

To answer your questions:

1. Yes. I mean deportation. "Refused Entry" is also good because that means they will send her back to vietnam. It's harder to hire a US lawyer from vietnam. The odd is against her. Anything that allows her NOT I say again NOT to set foot past the airport immigration is ideal.

2. Yes I am primarily in charge of filing the papers, she can't read in english anyway. I am aware that once she's allowed past airport immigration, the odd of getting a greencard is in her favor. She could hire a lawyer to fight for her and the odd of getting a GC is greater for her.

3. Yes I'm also aware of that. Once she's back on US soil and past the airport immigration, anything could happen. I don't care if it's a long, semi long, or short road. If it's the road worth taken, then i will go for it.

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Divorce is the easiest thing for me to do. I would NOT come here to ask for advice whether I should divorce or not. Everyone here keeps telling me to divorce. That's NOT why I'm here. I would go to a divorce forum, not Visa forum. I've been used by someone to get a greencard so that person doesn't have to right to be in the US. Now I divorce her, then she gets to keep her 10-year greencard, then what is divorce going to do? She's still going to work for cash, not pay taxes, and live her life in vietnam. Is this what you guys want to do? What is divorce going to do? Divorce is the least of my concern. We both are already divorced, just not officially.

I think I already came to a conclusion. The chance of her getting a deportation is zero. The chance of her getting past airport immigration is great. The chance of her hiring a lawyer to help her get a GC is great. The chance of me proving that she married for GC not marriage(since I don't have any document with both our names) is Great. The chance of USCIS believing me is great but revoking her GC and deporting her is zero.

It's not worth for me to fight thru all this. I'm going to file for the ROC so she could get her 10-year GC. Maybe 25 years from today as an old lady, she will regret and feel bad for what she's done to me. She burned my bridge and feel bad that I didn't burn her bridge.

Why should I fight for something knowing that the chance of her getting a deportation is zero. After all like I said, we are already divorced, just a signature away so i'm not here asking for divorce advise.

Then why is this so hard then? If she is not here then box up all her stuff and put it in storage, then rent out that space to someone else. Then file for divorce under abandonment because she abandoned you, and you are just letting her do it. If you need help and depending on which part of Cali, I could help you box her stuff up. Sorry, I know it is tough for you right now. But you need to be strong and do this for you.

You have three months until she gets back. So don't waste time on this. Also has she already filed ROC or no, is she expecting you to pay for that?

Like I mentioned before, The letter is in english and she cannot read in english so she's asking me to do it for her. who pays for the ROC is not really important for me, it's the least of my concern right now.

At this moment in time is she in Vietnam or here in Cali? That is the one question I want you to answer now. I say this because if she is not here then it is alot easier to do. The more time you give the becomes increasing harder to do both physically and mentally.

She is in vietnam until June 15. Her GC expires on June 16.

She can do that, but the OP mentioned that they don't have joint bank accounts, her name is on no bills,...making it very difficult for her to proof a bonafide marriage.

That can be good on one hand but on the flip side, opens the door to a false VAWA claim "he didn't share finances, he didn't treat me as an equal, he mentally abused me"

I heard people can get very creative with these claims.

Yes she can hire an immigration lawyer and they know every trick in the book to help her.

Hold up. You say that she is living in one of your rentals right, and that she is currently in Vietnam now? You say she can not read in English good and that's why you read her mail. YOU NEED TO MAN UP AND DIVORCE HER. Depending on the state you live in depends on how fast the divorce can go, more than likely can claim abandonment. Stop trying to rely on other people to do what YOU need to do.

If she is currently living in Vietnam now, then move her ####### out of that house and rent it out. Put it in storage somewhere until she comes back, if she does not come back at that time then throw the ####### out or donate it somewhere.

Yes she is living with me still. I am still responsible for her, that's what the Affadavit of Support was for when I sponsored her.

I also explained several times, she won't sign the divorce paper until she got her 10-year greencard. So both parties have to agree to sign.

What state do you live in if you don't mind me asking? Also why would you file the ROC paperwork for her and spend even more money on a woman that DOES NOT LOVE YOU. I am sorry I am being mean, I have been divorced before and it's tough to face the facts. But as soon as you do, then you can move forward and be happy in life.

I live in California.

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I know how you guys feel. I do want to have her deported by the airport immigration when she returns to the US. That is the only reason why I came and asked you guys. However, if they allow her to get thru at the airport, then we will have a long battle ahead of us, which is what i'm trying to avoid. If she's NOT in the US, i can throw her stuff out, i can file for divorce, I can do so many things without having to fight for any of it. Now with her here, I'm certain we will quarrel over everything she might even call the cops on me for domestic violence. It's a battle that I'm trying to avoid.

does anyone how i can edit my earlier post? i want to add something to it.

Ok.

You say youve done a lot of reading on this site- which is good but you havent been reading the right things it seems because you seem to be confused about some major points.

First- lets deal with the deportation. Honestly- who the f cares if she is deported or not? I mean really. Just having her out of your life should be enough. Deportation technically means having her physically removed from the country. Thats different from having her status revoked and her remaining out of status/illegal. She seems to have built a life over there more then here anyway- so she most likely would return there at some point and figure out a way to get back to US legally rather then stay in the US illegally the rest of her life and never return 'home'.

Moving on you specifically say you got a letter advising you to send in proof of a bonafide marriage. Lets talk about this letter. Was it the standard your GC is expiring soon kind of letter and its time to remove conditions kind of letter? Or was it a request for further evidence letter (unlikely based on the dates you provided). Either way- to whom was the letter addressed? YOU personally? Because the GC is NOT YOURS. It is hers. This is her problem not yours. The gov is asking nothing of you and everything of her.

The way ROC works- basically HER choices. She needs to file ROC by the expiration of her GC. (they do accept late filings with explanations but its risky, they can deny it- they usually dont but its a chance you take if you send it in past the date on your card- plus its messy you are out of status etc). so...

You are allowed to send it in up to 90 days prior to the expiration date of your card. You have several choices to choose from on how you are going to file. The one you are "suppose" to use is the joint option. Both you and your spouse sign the form and submit evidences. If the evidences are not enough you will get RFEs asking for more. If its still not enough they will ask you BOTH to come in for an interview where they will evaluate your relationship in person.

If your spouse will not sign off on the joint option you can check variations of a waiver tick box explaining why- theres a box for Im a widow. Theres a box for Im divorced (that covers everything from in the process of getting divorced to being separated) But note they will not approve you with that checked until you present a FINAL divorce decree. There is also a box that says my spouse is abusive and refuses to sign. This is a tough box to pick. You need lots and lots of proof to justify your spouse is an abuser. You dont need to be divorced to get approved just proof that your spouse is an abuser.

So knowing all that-- Ivonne tells you dont do anything to help her get the GC and you reply if I dont she will hire a lawyer?/?

Umm ok. And the lawyer will do what? With out your help she either needs to file for divorce or come up with proof you are an abuser. (there is none Im assuming. Youve never been arrested? Shes never called the cops on you while shes been in the states? No DV complaints etc?)

So as much as she would rather wait and get the 10 year card before divorcing with out signing the joint form its just not going to happen.

Your choices are file for divorce now or wait for her to do it. You have an advantage filing. You can request things like the US residence you live in is yours and she has no rights to it (so if she comes back to the states theres no dispute of her moving in and you cant get her out) you can also include all the wrongdoings in a narrative type accusation for grounds of divorce. The divorce papers will be sent in with her ROC, so its kind of a two birds with one stone type deal. Not only can you bring them to FDNS but they will make their way to her A file through her roc.

Get a divorce attny and have them help you. They may not see the value in adding all the 'nonsense' in but insist on it as its important to immigration. Also send the complete divorce packet in to USCIS as she may only send the final decree. Some states consider the whole packet the decree, some just the last page is the decree. You want them to have the whole packet to see.

As others have said with no joint assets, no co-mingling of funds, taxes, all the time spent out of the country. Her ROCing alone is going to be nearly impossible even with a lawyer.

Divorces usually come with a mild type of restraining order of no harassment/no destruction of property. If you are scared of her or she violates it- dont be afraid to go back to the courts and ask for a stronger order.

Best of luck to you in the future.

She has the two year Green card which expires in June 2015, DONT DO ANYTHING TO APPLY FOR THE 10 YEAR GREEN CARD.

if I don't, she will hire a lawyer.

what is the probability that she will get deported?

You are scared of her, lol. Man up already.

He has been living in denial for 2 years

If I can stop her from coming thru the airport and have the immigration send her back, that's ONE less battle to fight.

Imagine now she comes thru, then she hires a lawyer, and it's a long struggle battle. Which one would you rather fight?

That's probably not going to happen. Short of her being a terrorist, you won't be able to block her entry into the US as long as she has a valid greencard. You're much better off concentrating on getting yourself situated and starting the divorce.

Doe she have a lease on your rental? Is she paying rent? If not then start eviction proceedings.

I totally understand.

I want to report to the USCIS very badly. I've read a lot of discussions on this site, the probability of anyone getting deported is almost ZERO.

Don't take it the wrong way. I don't want to go through all the hassles of collecting evidence now to present to USCIS, only to know that deportation is a lost cause.

If i know that she can get deported after I present all the evidence, then I would do it right now right away, but the odd is not that great for me.

Based on what the op has said, VAWA will probably be inevitable once she realizes he's not going to comply any longer.

OP, make sure you document all interactions with her and do not meet with her privately, always make sure you meet in a public place or with other people around. Also try to document everything she has done since your marriage.

This is why i try to find way to not let her come back to the US since shes in vn till june 15. Her green card will expire on june 16. If i can find a way to block her green card the at the airport and they would deny her entry. Its easier to fight when she cant come back here as supposed to already living in the same house.

Why would you wait for her to file the divorce paper?

You can file for divorce here in US.

Don't wait and be wishy washy.

We married in vn. I thought thats where we file for divorce, not in the US and since shes already there. I didnt know we can file in the US.

@aaron,

She's in vn now, i asked her to file the divorce paper since she's already there, but she refused. she wanted to have the 10-yr green card first.

Hi,

I never thought it would happen to me but it did, so i try to deal with it as best as possible.

I just received a letter from USCIS that I need send in proofs in order to remove my wife's 2-year conditional status on her greencard.

The problem is as soon as my wife got her green card two years ago when she came to the US, i've rarely seen her. She told me to go find someone else. She went back to her country Vietnam twice. The first time, she went back for 1 month and bought a piece of land in her hometown for $35K. The second time, she goes back for 5 months. She hired an architect to draw up her house and hired contractors to build her a nice 3-bedroom house for $50K. The cash she saved by working under the table while in the US as a cosmetologist. She doesn't want to pay taxes. She told me that once she got her 10-year green card, she will stay in the US for 6 months working for cash only, then go back to her country and stay there for 6 months.

She even sold the wedding ring I bought her to pay for her house. she's only been in the US for 1.5 years, and she's already gone for almost 1 year. She has friends in Texas, so she goes there twice already one-month each time to visit them.

So i've been used. I've been used by someone to get a greencard. I know, I thought I was bulletproof and now it happens to me.

We pretty much live separate ways. I NEVER put her name on bank accounts, utility bills, rental apartment, health insurance, car, nothing nada. When I file taxes, i even claim as single, not putting her name on tax returns.

Now USCIS wants me to send in proofs that we have a bonafide marriage. The irony right?

She is in vietnam now since January and she won't be back in the US until Jun 15. Her greencard expires on Jun 16.

So what are my options? Write a letter to USCIS and explain everything or be a nice guy and help her get her 10-year greencard? I feel like she's a complete stranger to me now.

Thanks everyone.

Hi guys,

I received a letter today that i have to pay the $165 immigrant fee.

but on the letter it said i need the A-number and Case ID. huh? where do i find these? my wife said she handed the brown envelop to the custom agent at the US airport, and they didn't give her any document back. The consulate didn't give her anything other than the brown envelop.

after i registered and logged on the the US ELIS website, it said, "NO CASES PENDING" so where do i pay?

to the OP^

Did you know that in 1954 vietnam was supposed to have a free election for the people to vote for either Ho Chi Minh or Nguyen Dinh Diem as president of vietnam? yes vietnam as one country and one president NOT as north and south vietnam.

Then Ho Chi Minh give free land to the people of the north so they would vote him as president. The south said No Way Jose. So vietnam was divided into North and South. In the US, bribing people to vote for you is illegal.

During the war, HCM would kill your family in the north if you were pro-south vietnam. They took away their land. and HCM killed thousands of civilians, buried them alive during the Tet Offensive in 1968 because Hue cilivians are pro-south vietnam.

HCM came to China and asked Chairman Mao to help north vietnam fight against the US. In return HCM promised to give the two vietnamese islands, Spratly and Paracel islands to china when the war is over. China agreed.

After 1975 when south vietnam lost. HCM commies took away the land from the people that they gave before the war.

In 1979, China asked Vietnam for the two islands, Vietnam said No. So China invaded the northern border of Vietnam.

1980s, Former Soviets provided financial aids and foods to the vietnamese government. Vietnam saw Russians as comrades.

1989, Soviet fell and gave rise to Russia.

1994, No more financial aids from Russia. Vietnam government now turned to their old enemy, USA. Trade embargo lifted by Clinton. Now vietnam government see the USA as their comrades.

2000s, China's military power grew, so now China doesn't need to ask Vietnam for the two islands. They'll take it by force if neccessary. China knows they can take vietnam in a matter of days. No rush.

2000-now Vietnam governemnt cried foul to the international communities against China.

2013-future USA will NEVER help Vietnam against China. Why help a former enemy and a communist country against another communist country? The american public would never approve this.

Future - vietnam is doomed. Thanks to HCM. No country in the world can help vietnam.

At least, the south vietnamese seeked and destroyed commies. All the North commies did was kill south vietnamese civilians.

the first thing my wife did after she came here was she re-organized my kitchen cabinets to her liking. she even moved my computer desk and tidy up the place.

she moved anything that is an eyesore to her.

and i love it. i'd rather see her do that instead of just sitting in the house like a duck.

Yeah i just use Viber. i can talk anytime anywhere.

i never use skype and i dont intend to. because Viber is too great.

Hi guys,

so exactly 1 year after I filed the paper(IR1/CR1) to bring my wife to the US, she is finally here last weekend.

at the airport, she said the immigration officer told her a few things, but since she doesn't speak english she had no idea what they were saying.

so i have a few questions:

When can she apply for a Social security card?

How does she get a green card?

is there anything else I missed?

That's what RESPECT to YOU means. Not to everyone.

Everyone has their own cup of tea. Just because i do something doesn't mean everyone has to do the same.

everyone has their own interpretation of RESPECT.

my wife is pretty. (im not here to boast about my wife ok?)

so everywhere we go, when I take picture of her, people also take pictures of her. She even poses for them. and I hate that. It's like hey it's my wife, or go take pic of your own wife, pervert!

On so many occasions, when we take a vacation and travel with a tour group, everyone on the tour just follows me and my wife, and when I start taking pics of her, there were like a bunch of them behind me also taking pics of her. Piss me off.

To the original OP,

I'm never in close contact with my ex, eventhough i have her phone number and facebook. I never even add her to my facebook.

I do that out of respect for my wife. It's ok to bump into each other on the street or at social events, but i would never try to be in close contact with her.

I know my wife would not say, but deep down inside, if I make contact with my ex, she would be hurt a little.

I even threw away all of the photos of me and my ex after we got married.

That's what RESPECT means. I didnt have to do all this, but I did it out of respect for my wife.

I believe they asked on the application, have you been arrested? if not, then you're ok.

If you did get arrested, then you have an issue there.

I have a question. Why would you tell them that you guys are first cousins?

If you didn't tell, how would they know that?

Degreeof hope do you have the same case too

no

i think NVC is more concerned for your beneficiary than your background.

Only an attorney can help you with your case.

I'm amazed and impressed that you have been trying in the last 3 1/2 years to bring your wife here. I miss my wife every single day, and it's only been a year for us. It must have been agonizing for you. I really hope your case goes through and you two are re-united soon enough.