ImagineMe

I have a now ex chinese wife who abandoned the marriage when she thought she was going to get her 10 year greencard without an interview. She started immigrating her brother on false pretenses by getting him here on the tourist visa, then going to a lawyer in Chicago, which decided to have him start going to church in the US here, then file for Religious Asylum. She is also hiding her father here after he entered on a tourist visa. I've learned that anyone and everyone wants a quick way into our country and will use that tourist visa as a start. I think that's why it can be difficult to attain one.

Just now, ra0010 said:

If they schedule an interview and she never told them you were divorced , she is going to get denied because if you file jointly, the two of you are excepted to show up for the interview. 
On a personal note, I wouldn’t even bother retrieving her gps. It sounds a little intrusive and for better or worse, she had decided to move on.

I had already retrieved it because I had all the evidence I needed to make my decision. I want to use it on my own vehicle in case it ever gets stolen and I can recover it. 

The ROC was filed Nov 2020 and she did her biometrics a month ago. So I'm just waiting to see if they schedule an interview or just send her card. Also waiting to see if I find out what she plans on doing whether it's staying or going back where she was living before  which was in South Korea where her sister is currently. Plus they still own a home there. Not worried about the I94 anymore since I know where she is generally. I had the GPS on her car through the investigator and retrieved it.

Yeah she definitely isn't missing as she responded to the email my lawyer sent her with a lawyer of her own. She just isn't communicating which is unfortunate. I don't know her plans but I'm doing my own from here on out. It's likely we will be selling the house we bought together, so I'm packing non essential stuff in preparation. 

1 hour ago, ra0010 said:

Hi there! I am so sorry that you are in this situation. I think that you’ve been given very solid advice! 
I cannot stress how important it is that you DO NOT check on her i94 form. These are federal documents, and you can get in trouble for doing that without her consent. I know you have a good heart in doing it, but as @African Zealot has said, the best thing to do is to get a burner phone and text her something like “I don’t want to keep you in our marriage if you don’t want to, but if you don’t respond within (insert time frame) with (say for example her birthday, something that she’ll know) I’ll file a police report for your safety. I have also started divorce proceedings” and then you move on with your life. Work on you. She doesn’t need you to remove conditions. You don’t have to contact immigration; just receive whatever mail she gets (don’t open it!) and that’s it. Move on.

Also, I would tell your lawyer about the father- brother situation (them living with you ). I’m all about helping people, but it seems that there might be some fraud involved, so I would make sure they leave my house by a certain deadline. Just my two cents. 

She does have her phone with her and it's still active as I control the account and also have her brother on it. It's only way besides an email that I can contact her. So I've left a couple of texts just asking if she planned on coming home and a separate one later saying that I'm filing for divorce and would like to get her the documents needed.  I don't know what's happening on her end, but I know I did everything as right as I've known throughout the marriage to be respectful and give space. Just sad to see it come to this. But I'm prepared to move on.

41 minutes ago, Beth & Achraf said:

YES , make a report of a missing person!!!   It may come in handy if USCIS comes to your door for some reason or another.

Especially if she does AOS herself.  Doubt she left the country,   did you question her friends?

She isn't friends with anyone that I talk to currently. That's what made me wonder why she would never ask me or let me come with her to those "dinners" or hangouts. But I always give someone their space. I just expect people to reciprocate and she never did. So the writing was on the wall. 

4 minutes ago, Scandi said:

She should have done that herself for her own AOS. Either way, once a greencard holder the i-94 records often don't show the travels anymore, so that may not work anyway. Not a single one of my trips show up since I became a greencard holder. 

Ok. My attorney is going to try to serve her the papers so we are trying to see any way we can contact her. I left texts, and even called but she never setup her voicemail. That's why we wondered if she left for Korea where her sister is as they are close.

5 minutes ago, davidvs said:

It sounds like she may be having a mental health crisis from the pressures in her life. Are you sure you are ready to give up on her? 

 

I would try to get her home and try to address the issues going on.

We have been trying on that front and she had access to a psychologist. Plus there were signs that she never showed much care in the past such as posting about our relationship on her wechat( pretty sure she used a 2nd account), she never wanted me to go with her and her friends for anything because it was an inconvenience because they would have to speak English. There are alot of signs looking back that I don't believe she wanted to get married but was pressured to do so. On top of that, I have no clue where she is and all communication has been blocked, including on her family. So she doesn't want to be found.

Hmm I didn't know that. Maybe I misunderstood but thought she said she had the credit with Korea to become a citizen. They own a home on the ocean in Jeju. Maybe she didn't become a citizen but own the home? Not sure what the laws are there for owning something while not a citizen. 

Luckily I don't have to deal with it anymore as far as I'm concerned. That's why I mentioned this whole thing is a rabbit hole that I dont want to go down. Do t know how she could pursue her greencard if there is an interview as the notifications are mailed to the house. Even if there is no interview, it will be mailed to the house as well. I wonder if by that time I should contact immigration if she hasn't come back and setup to return the card? For now, I'm waiting for the divorce to play out. I'm totally done with being a roommate in a marriage.

7 hours ago, Boiler said:

My understanding is that you need the passport number which seems you do not have,  Have you contacted her sister, presumably she would know.

Possibly but I won't worry about it if I have to go to that length. It would have helped find some closure. But we will just wait and see what will happen in the divorce process.

7 hours ago, Letspaintcookies said:

Do you know for sure she left you on her own merits? If not, the least thing you could do is file a police report. She could be in trouble and nobody is helping.

 

If you know she's safe and just wanted to get away from you then yea, go see your lawer and get the divorce process started. Unless you have solid evidence for potential fraud there is no need to call immigration. 

Yeah only their own story of what's going on. But I'm not worried about what her and immigration will have to deal with if she were to stay. I started the divorce process and trying to get things in line to fight to keep the house.

7 hours ago, Jorgedig said:

It's not legal to check the I-94 of someone else.

Yet I had to do that in order to get the AoS done? 

53 minutes ago, Boiler said:

 

I would ask your divorce lawyer tomorrow if there is anything you should do as far as the Police is concerned. No way you can tell if she left and unclear as to why you think this is possible.

Because the I-94 would tell me if she left or not. But I don't have the new passport info. She has a sister going to a university in South Korea like she did herself and they still own a dwelling there in Jeju. 

Yes she moved from China to live in South Korea and became a citizen there when I met her. So we went through Seoul for her K1.

And yes, it's a complete mess and as I said, a deep rabbit hole. While I don't want anymore to do with whatever they are doing, I wanted to at least help them figure out what to do next as it seems she abandoned her own family. They still own a house there in Jeju, so I suppose they will just go there as they only have until December before their 6 months is up on their tourist visa.

20 minutes ago, Boiler said:

She does not need you to remove conditions 

 

Focus on the divorce and distancing yourself from this mess

 

Do you have a lawyer?

Yes. And I'm not worries about her status. I'm just wondering if she should be reported as missing to the police and if there is a way to help her father know if she left the country. I'm doing this to help him as they have not heard from her. That's why I wondered if there was a way to know through the I-94. But I only have the old passport info. But if no way, then at least I tried is all.

Basically wife left with her friends Sunday Sept 26th to have dinner with her them that was turning out to be an all night thing( she did this the night before as well with different friends and didn't come home until mid day Sunday the 26th) and I told her to come back home. She became defiant and hasn't come back home since. Her father and brother are also here staying with me since their arrival in June. She blocked me, her mother and father, and brother on wechat because they are part of the problem with being pressured on various things, such as trying to immigrate her brother by means of a lawyer to have him become a Christian to use the asylum clause and remain in the US. She brought her father here because he fled China due to fraud and cannot go back as he will face the court. 

So she is escaping everyone due to all the pressures and had mentioned that she may do this. So I was always trying to make things easier on her and get her a psychologist to talk to as she asked for.

I have my lawyer starting a divorce but she may default on that as she doesn't want to be found.

She got a new passport from China in 2019 as her old one expired. So I do not have the info on that passport so I can look up the I-94 info to see if she left the country. The application for the 10 year greencard didn't require the passport so I need to know if there is a way to find out? I imagine I should call immigration to let them know about all this?? We gave her a week to possibly clear her mind and come back but it appears she is wanting to stay away. 

I know there will be gaps in information I just entered here so I will answer questions as best as I can. Just not sure what my next step should be. First file a police report to report her missing? 

With all the information I have gathered since summer, I'm possibly thinking this could turn out to be fraud. It's a long story and a rabbit hole so this is what I have for now that is relevant.

Guess I thought that the reason a 2nd one was done (1st for aos and 2nd for roc) was because ROC had was still needing to be approved. 

Ok, thanks for that. 

Been having thoughts about my options and have read some mixed responses. My wife has her 2 year greencard, and we have filed for the I-751 back in Nov of 2019, and she did her biometrics a few weeks ago. She has changed her priorities a lot since coming back from China back in June of this year because her father is in legal trouble. There is a lot of other stuff going on that has made me rethink what this marriage was intended for, which was to start a family since I had waited til my mid 40s to finally get married. And there are other issues going on that lead me to believe that she is changing her mind on a lot of things in our marriage.

  I can still remove an I-864 as long as there has not been an interview or 10 year green card issued? I'm just weighing my options and thoughts before I act as this is a huge decision. 

This section that passed in April. Maybe I'm just not reading it right. But that is why I am clarifying.

I needed to make sure laws didnt change as I saw something regarding new changes for immigrants passed this past April.  So the wife still has to be a USC and I as her husband, a US citizen, cannot apply for them as well? Is the new change that she as an LPR can now file for him instead of waiting to become a US Citizen?

OK I was able to reread the presidential ban and decipher it. The language that first confused me was the parents thing but now realize that its for unmarried individuals under 21. For anyone else that may have this question here is the order highlighted.

My wife went back to China for a couple of months and is planning her return. I haven't been able to get reliable info through internet searches nor on here if her father can come back directly from China, or if they have to do a 2 week quarantine in a country not on the ban list. They want to come back in mid May. I've read that regular tourist visa holders cant come directly from a banned country. But does it also affect her father? She has a 2 year greencard and in the waiting process for the 10 yr greencard interview. And yes she has her extension letter.

Another update:

My wife is going to have a meeting with her family regarding coming back. I told her that she cannot be out of the country for more than 6 months otherwise the US may consider her abandoning her greencard. I showed her multiple links that show she is allowed to return, even if there are no flights from China, she can fly through Japan or S Korea. I think her family is worried for her welfare because of her hyperthyroidism condition (which she is getting treated for while in China) which could get worse should she get the virus.

She has been gone so much already since she got her 2 yr card, so we wont try to get her citizenship until she has had more consistent time here. Just need to focus on getting her here to attain the 10 year card first. Its a real difficult decision for her family since the US is getting worse with the cases of Covid-19 again. 

Apparently checking online led to no flights available. Pretty sure I've seen some but maybe they are few and far between. So apparently she has to talk to them in person. I worry about her time out of the country and not sure if she can attain something that would help with her reason for being out so long besides a medical treatment.

5 minutes ago, Luckycuds said:

Legal permanent residents were never banned from Entering the US regardless Of their marital status. I’m sorry the airlines have been so incompetent.

Yeah that's what I told her. Not sure why they didnt understand. Chinese talking to chinese. Maybe new to the industry, who knows.

Thank you. Funny I was on the first link but not the right page. I sent her the link and the screenshot with the verbage needed.