JoshintheDesert

2 hours ago, Bob in Boston said:

People do change their minds after being with someone for a while. If it was real in the begining and she grew tired of you its not fraud, just making the best of a bad situation. I hung in there till they changed the alimoney laws here in Mass. Same difference. Just stay away from her. A lot of women are coached to press DV charges to get a better deal.

Yes, I do agree that a person can have good intentions in the beginning and stray later on. Me questioning her original intentions came from her admitting that she was only staying with me until her citizenship came through or that she wasn't worried about getting caught since "she knew how to handle me". Just doesn't seem like somebody who went into this with good intentions from day 1. All that said, based on the input I've gotten I'm not even going to bother letting USCIS know what happened. The best thing for me to do is minimize the damage from the divorce and heal/move on. 

1 hour ago, Lemonslice said:

There's no time limit in years for the affidavit of support.  She might be approaching 40 qualifying quarters, you would have to calculate those.

 

"How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrants you are sponsoring in this Affidavit of Support will continue until the sponsored

immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.
Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count
qualifying quarters (credits) of work.

 

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident. Divorce does not end the sponsorship obligation."

Source: https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

She has 5 more years/20 quarters to hit that mark, that is what I was getting at. Though I think she may be able to become a citizen faster than that...

1 hour ago, OldUser said:

Even if she gets eventually deported it may take many years for this to happen. Divorce and move on.

Yes, more and more this seems to be the best thing to do. I guess I have my answer whether it is worth trying to tell USCIS what happened. 

50 minutes ago, SalishSea said:

I think you're missing some very basic information about no-fault divorce and immigration law.  You need to do some reading and get legal help.

 

One thing to keep in mind if you go full-on down the "marriage fraud" route is that YOU were party to all of the info submitted as evidence of a bonafide marriage.  Hopefully your plans do not backfire on you.

I understand we submitted a lot of information demonstrating the marriage was real, and for my part it was. The question I have is whether her saying "Hey I'm only with this guy until I get citizenship out of him and then I'm out" constitutes fraud on her part in the eyes of USCIS. All the doc/photos evidence etc I submitted were real, and I had no way of knowing she was going to do all this. As for no fault divorce, I understand cheating plays no role in the divorce process. What I do assume though is if she has been deported (And I don't even know if that is really a possibility) when I file divorce should would not be around to contest thus making for a quick and easy divorce. Though what I have gathered so far suggests the best thing to do is file divorce ASAP, and inform USCIS of what happened. Based on what evidence I can provide I guess they'll decide if they want to act.  

51 minutes ago, SalishSea said:

You're still on the hook for the I-864 that you signed.

Yes I know, but she is employed and makes enough money to be on her own. She is well above the poverty limit, plus I paid everything while we were together so when she left she had over $20k in the bank. There is no reason she should become a public charge over the next 5 years that are left on my I-864. 

47 minutes ago, SalishSea said:

What about all the evidence you initially sent for her GC?  Don't you worry about the fact that you both attested to the marriage as being real?

Thanks for commenting! And I really don't know, as far as I was concerned everything was real. But I guess it's up to USCIS to determine whether her intentions were bad from the start? Or they may say "Hey based on what we had at the time of your marriage we had no reason to believe anything was off, this is just a case of someone going astray". Though I do think the fact that she said in writing "I am only with him until I get citizship and once I have that we can run away and be together openly" warrants a second look at the whole thing. 

14 minutes ago, Lemonslice said:

You don't need to help her, that is not what I wrote .  Do not make any kind of "deal".  Just divorce her, and protect yourself. 

Yep, I hear you. That seems to be the best route forward. 

1 minute ago, OldUser said:

Do not think of doing this. This is considered immigration fraud.

Wow I guess I really have no other recourse than just going through with the divorce. Thanks for the heads up. 

14 minutes ago, OldUser said:

If she's desperate, she could interact and provoke you, then use it to support her I-751. Do not interact under any circumstances. Use the lawyer to communicate throughout divorce. Good luck!

Well I already avoid/ignore her and have not seen her since the day she willingly walked out my front door. There's no reason for me to do anything different now. And yes once the divorce is going I'll make sure to direct all contact through lawyer. Thank you! 

10 minutes ago, Lemonslice said:

1. Not hindering her path to citizenship (more than divorcing her) might be the quickest/easiest way to be free from the affidavit of support.  Maybe not applicable depending on work quarters already accumulated, but something to consider. 

Thanks for weighing in! I've thought of offering this to her. Something like a gentleman's agreement saying "hey I'll help you process your citizenship if you agree to not fight me in anyway in the divorce and let me move on afterwards" But I think that given how untrustworthy she has already proven to be, there's nothing stopping her from accepting my help then screwing me later on. Whether I involve USCIS it seems best to just get on with the divorce and move on.

8 minutes ago, TBoneTX said:

Josh, ICE has its hands full with large cases.  In instances such as yours, the FDNS Officer at your local USCIS office would be the appropriate individual to receive information about individual fraud, potential or actual.

 

You would need to compile all evidence -- more than enough to convince a dubious stranger (FDNS officer) -- and hand it over, optimally in person and in dispassionate fashion.  The kicker surrounding this is that you will never hear of action (not) taken, so closure will elude you.

 

Follow the advice regarding divorce and protecting yourself, with our sympathy and best wishes.

Thank you for the clear and concise input! I will look into directing my story and evidence I can produce to the FDNS officer at my local USCIS office. I will also get divorce started ASAP. Thanks for the well wishes! 

30 minutes ago, Family said:

You want some revenge …but unfortunately she managed to string you along not only to the joint filing but also 8 months of its processing,

 

I am sorry you ended up with someone who betrayed you, but don’t contemplate she will be charged with fraud or deported.

 

 

You can write to USCIs and withdraw support of the JOINTLY FILED I-751 , truthfully state and prove the 8 months separation, go ahead and tell your heartbreak story …but please don’t be That Guy …off w her head!  Deport her!

 

But if you are going to do it, take action today …as her case could be approved without an interview any day. Don’t wait to file divorce, just say marriage is broken and you are divorcing .
 

They will pay attention and she will at least have the inconvenience of navigating a divorce waiver.

 

If you really want her to sweat, get a good divorce attorney and drag it out as long as possible….she needs the final divorce decree to get USCIS out of her hair….but you don’t 

Well I'm not trying to be vindictive. I actually found her a new house to rent, negotiated with the landlord for her since she never had credit, and paid to fill the house full of furniture. Though the main reason why I did all this is to be able to demonstrate that despite everything I was still looking out for her well being and wasn't interested in revenge. But all that aside, if what she did is considered fraud then its only fair that she accept the consequences. If USCIS says no harm no foul, then I'm perfectly fine accepting that too. 

33 minutes ago, OldUser said:

Domestic violence it is

Ah I should have known haha, thanks! And no chance of any DV accusations, I wish her well but I never want to see this chick again. 

49 minutes ago, Boiler said:

https://www.soundimmigration.com/i-864-enforcement/

 

If this does not scare you, well it should.

 

USCIS are not going to be interested unless you have SOLID evidence of immigration fraud, not marital issues.

 

I agree with the others divorce asap.

Thanks for the reply! Yes that would for sure be a nightmare to deal with on top of everything else...Well everyone seems to think divorce ASAP. I think I'll still send the letter, if the consider it great. If not then at least I'm still moving on with divorce. 

12 minutes ago, Timona said:

1. I would file for divorce NOW before her ROC is approved because she'll have to switch to "ROC with divorce waiver" which if she doesn't and gets her GC AFTER divorce is final, she'll be in hot waters with USCIS come that citizenship that she's dreaming of. If I'm you, I'd use those evidences to swing divorce division of items in my favor BUT then

 

2. still send those evidence to USCIS fraud department too. 

 

The above 2 may be icing on the cake for her. 

 

As soon as you file divorce, stay away so as not be be accused of DV etc. 

Thank you for your reply! Yes divorce now seems to be the consensus. I definitely plan to not only stay away, but move on in another relationship. What is "DV" short for?

12 minutes ago, OldUser said:

I'm sorry this happened to you

Thank you for your concern and all of your input. It is definitely not the happily ever after I dreamed of. I do have a question for you. Do you still think I can be accused of participating in fraud given my explanation above?

18 minutes ago, OldUser said:

This thought just crossed my mind after re-reading the thread...

 

@JoshintheDesert if you knew she started affair in April 2023, why did you sign I-751 in September 2023 stating marriage is bonafide?

 

If you bring this to USCIS, they may (small chance) not only accuse her of fraud, but you participating in it. It's relatively rare but possible to get serious penalties for that too.

 

This only supports my opinion to get divorced ASAP and get away from this messy situation.

 

At least I wouldn't drag it.

 

At that time (April 2023) the only thing I caught her doing was texting with a male coworker. I said at the time I considered it cheating as the messages were flirty/suggestive, but she apologized and swore she would block the guy and ignore him at work. So at that time, even though I still struggled with it, I took her word for it and figured trust could be rebuilt and we could move on from that. So in my mind in September 2023 there was no reason not to file her removal of conditions as she appeared to be back on the straight and narrow. Then I later found out (Jan 2024) that she never did stop and actually progressed into much worse betrayals with same guy and I decided to accept the marriage was dead and it was time to make changes. As for the past 8 months being separated I know it looks like I've been dragging my heels filing divorce, but I've needed time to try to digest all that happened. But I am now ready to get all of this resolved and officially move on. 

12 minutes ago, OldUser said:

My outsider opinion only, but you're trying to make it more difficult than it is. There's a lot of "ifs" in your plan. Simply divorcing ASAP may be the most optimal plan.

 

Her moving out shortly after filing joint I-751 doesn't make it a strong case for her approval to begin with.

 

Your divorcing her promptly is another strike.

Yes, I hear you and agree. The best move forward seems to be divorce regardless of what USCIS does. 

9 minutes ago, OldUser said:

Immigration and divorce are not that intertwined. I believe she can still fight you for assets despite her immigration status and presence in the US.

Ouch, I was afraid that may be the case. I guess the only scenario that would be a slam dunk would be if she had already been departed by the time I start the divorce process. In my state if I can demonstrate that a spouse cannot/will not be served there is a mechanism to proceed as if she is not contesting the terms. Maybe that is the best I can hope for in a bad situation. 

6 minutes ago, OldUser said:

P.S you should not waste time and file for divorce regardless of notifying USCIS. Remember, a lot of the debts etc she could be accumulating you may be liable for. Especially if you live in state such as California. Imagine she takes a loan tomorrow or maxes out credit cards.

 

There's no reason to be legally married if marriage is dead.

Thank you again for your input. I will get the ball rolling on divorce. The only reason why I've been waiting is my assumption that her already being held liable for marriage fraud/deported would make the divorce process go smooth/easy and pretty much impossible for her to fight me for assets. 

2 minutes ago, OldUser said:

Can you prove this account really belongs to her and it wasn't hacked by somebody else (including those wishing her to be deported)? Can you prove this evidence wasn't fabricated?

 

She'll have to prove the marriage was real to get I-751 approved. You can certainly give the lead to USCIS if you have solid evidence.

Thank you for the reply! Well yes, I believe I can prove it. Though she admits to all of this activity. And it is on more than one account. Though the main account that I did the data dump also contains pictures and videos of explicit things they sent back in forth (Her face is clearly visible and matches her government IDs) 

17 minutes ago, Dashinka said:

If you have concrete evidence you can always contact ICE with it.  The email address is in the disclaimer at the bottom of the VJ page.

Thank you for the suggestion! I will try that. 

4 minutes ago, belinda63 said:

You cannot remove sponsorship once the green card has been issued.

Thank for the reply. Is it worth my time to at least write a letter to USCIS explaining what happened and let them decide from there if they'll act on it?

First things first, my green card (2 year conditional at the moment) holding wife cheated on me repeatedly and we are now separated. I am not "one of those guys" trying to be spiteful by attempting to get her deported. I've read through the threads here and understand that cheating alone is not grounds for me to remove my sponsorship of her. I have seen that the advice in most cases is just divorce and move on. What I would like to know is if written evidence (data dump from a social media app) where my wife said "I'm only staying with him until I'm a citizen and as soon as I get my citizenship I can leave so we can be together openly" is enough to say she did not enter the marriage in good faith/committed immigration fraud? Though she did not meet the other guy until a few years into our marriage, is this enough for USCIS to prove that she was secretly looking for another option from day one? Im am wondering if it is worth me sending a letter to USCIS to withdraw my sponsorship of her. Here's a brief overview of where things stand:

1. We married in 2/2020

2. She met the other guy and started affair in 4/2023 

3. Filed for removal of conditions on her 2 year green card in  9/2023

4. We have been separated since 1/2024

I needed time to let the dust settle and comprehend all that happened and decide how to move forward. Should I send USCIS the letter and see what happens? Or should I not waste the time and just move on straight to filing divorce? Thank you all in advance for any advice you can offer.