How do I suspend a conditional green card and prevent a spouse from entering the US?

[Sonny18]

My wife has just been approved the conditional green card but has not received the actual card yet. She is currently travelling out of the country right after our interview with INS. I found out she has been cheating on me during the petition period and she's currently even travelling with the other guy probably celebrating the green card approval. Since she doesn't have the actual card yet, she will be coming back using the temp travel document. Is there anyway I can suspend/cancel her conditional green card status so she will not be able to enter the US?? She's obviously used me for the green card and cheated on me. I really appreciate any suggestions!.

[AzBlk]

Get a divorce and move on. There is pretty much nothing you can do to prevent her from coming back or getting the card. Since she has a conditional card she will need to remove conditions after 2 years and she might not be able to do this unless she can prove she entered marriage in good faith.

[JohnnyCash]

Originally Posted by Sonny18

My wife has just been approved the conditional green card but has not received the actual card yet. She is currently travelling out of the country right after our interview with INS. I found out she has been cheating on me during the petition period and she's currently even travelling with the other guy probably celebrating the green card approval. Since she doesn't have the actual card yet, she will be coming back using the temp travel document. Is there anyway I can suspend/cancel her conditional green card status so she will not be able to enter the US?? She's obviously used me for the green card and cheated on me. I really appreciate any suggestions!.

There is NOTHING you could do now to revoke/cancel her green card because she already got approved for a temporary/conditional green card by virtue of having approval of petition I-130 that you filed for her. If you would have had withdrawn this petition I-130 prior to its approval then there is no way she could have had gotten a green card thru you, but it's too late now unless you have documentary and convincing evidences of her marrying you just for a green card. Cheating with other guy or guys doesn't mean she married you just for a green card. Many people marry for real but do have an "open" marriage...or sometime either one or both persons in the marriage look for a "comfort and satisfaction" somewhere else while still have a real marriage. Your issue is more of a marital issue than a marriage fraud for immigration purpose, to be honest to you.

Even if you get divorce from her, she will be easily be able to obtain a full green card...meaning she will be able to remove condition very easily when the time will come. Thus, there is nothing you could now except writing to INS about your dilemma and immediately filing for the divorce and attach the divorce complaint along with your letter to INS. Make sure to send the copy of your letter to INS Headquarter in Washington DC, Service Center that has a jurisdiction on you, local INS office. Make just one letter and in the end of that letter do mention where else you are sending the copy of it so that each office will pay a great attention to your letter because they would know that you have sent that letter to other offices as well which might prompt them to take an action; otherwise they normally just throw this kind of letter knowing that whenever a marriage falls, US citizen-spouses always write this kinds of letter. That's why they don't pay much attention to it. That's why it's very important to send the same letter to each of above said offices.

I know how you are feeling but this is the risk people need to take in consideration when they marry/sposor someone from other country. I'm not saying that each marriage with alien-spouse fails but percentage on this is very high because most immigrants marry US citizens just to come here than so called "love", to be honest. No wonder why their marriage falls apart sooner or later. Of course they all talk about "love", "care" and all nine yards, but one way or another marraiges do fail. I'm not saying that marriage between two Americans don't fail but we are talking failing of marriages in context with immigration matter. Millions of US citizen spouses have had tried to deport or revoke the LPR of their alien-spouse but INS done NOTHING to their alien spouses. Nothing. Some of these US citizens even submitted some solid proofs of marriage-fraud but INS just threw their letter in the garbage. It's sad that our own govt. puts a black eye of such kind of frauds.

Soon you divorce her, it would be hard for her to arrange/gather Joint-documents together which she would need when she would file a petition to remove her condition on her green card. The sure way to deport an alien is- obtain a restraining order if the alien will be abusive to you...and if alien will ever violate that restraining order, s/he will be deported for good because violation of a restraining order is a deportable offense like a done-deal. But don't file a false application for a restraining order but there is no threat to your life and freedome.

Good luck...

[Sonny18]

Johnny, thanks for the feedback. What if she hasn't been staying with me in the past six months? She was in another state and part of the condition on the marriage was to move back, however, she kept making excuses after excuses and have yet to move back even after the INS approval. She only visited during a couple of INS appointments. I doubted she will ever move back now the temp green card is approved. I know, I am stupid...and boy do I feel it now!

[JohnnyCash]

Any condition that you might have made together with your wife, has nothing to do with INS to invoke revoking her green card. And even if interviewing officer might have told her to move in here with you, yet still this is not a condition nor INS can take her green card away just because she doesn't move with you. This is not the LEGAL reason so to say INS can cancel her green card. Everything has to be according to the laws; otherwise INS will lose a case against her in the immigration court. Forget about what interviewing officer told her at the interview because whatever officer might have said is not legally binding and cannot be used to revoke her green card.

It's in your interest to file a divorce immediately and let her not have any joint-documents with you because she will most definately need those documents when she will try to get a full green card.

Originally Posted by Sonny18

Johnny, thanks for the feedback. What if she hasn't been staying with me in the past six months? She was in another state and part of the condition on the marriage was to move back, however, she kept making excuses after excuses and have yet to move back even after the INS approval. She only visited during a couple of INS appointments. I doubted she will ever move back now the temp green card is approved. I know, I am stupid...and boy do I feel it now!

[Sonny18]

I thought living together is one of the condition to proof the marriage is valid. In this case, she lived in another state, we don't even have phone bills to support the relationship (she hardly calls).

[zvoncica]

You don't live together, she never calls... why did you stay married with her ? What kind of proofs did you have for an interview ? Doesn't make any sense to me
I understand that you are really upset because she was with another guy, but that is not evidence that she just wanted a green card and everything was fraud. Seriously, people cheat all the time, though it's not nice thing to do, but still, it happens.
Just act as you would if you were married with citizen. Get a divorce and move on with your life, or if you have big hearth forgive her. Searching the ways to hurth her is just going to hurt you. Revenge doesn't bring any comfort and you know that

[jupiter07]

Originally Posted by Sonny18

I thought living together is one of the condition to proof the marriage is valid. In this case, she lived in another state, we don't even have phone bills to support the relationship (she hardly calls).

Living together I believe is a condition for citizenship, not marriage GC. I know several people who have GC based on marriage but don't live together.

[Jackolantern]

All you can do now is get a divorce and hope that USCIS doesn't give her a 10-year unconditional card when the 2 years on her current card have expired. If you get it [the marriage] annulled, that would make it even more difficult for her to get the 10-year card. Act fast, because the longer you stay legally married to her is the stronger her claim to your assets will become.

Looks like she used you only to get a green card, while she had that guy all along. Of course, the trouble is to prove it to the authorities.

[Sonny18]

We passed the interview bcause we did live together at that location prior to getting married, so it not difficult for us to answer questions about the place. However, she moved out to another state prior to us getting married pursuiting other opportunities. We then agreed to get married and she will move back...which she never did!

It sounds like I am pretty much screwed and she will get away with tricking me into helping her with the GC. Only thing I can do is get a divorce but she will at least be able to stay in the US for 2 years!

[Triple Citizen]

Five words for you. Divorce her and move on

Originally Posted by Sonny18

It sounds like I am pretty much screwed and she will get away with tricking me into helping her with the GC.

[roxy2009]

Those who tell you to just forget about it and leave her alone, don't listen to them. Those who tell you there is NOTHING you can do, don't listen to them because they don't know what they are talkign about. It's not about moving on and bla bla bla. It's about nailing that criminal to the wall. Contact USCIS, do some research on your own, ask around, do whatever it takes to get her deported. The last thing thie country needs is "ANOTHER" criminal !!!

DO NOT listen to those who tell you just to leave her alone. Do it. Deport her !!!

[trialanderror83]

Originally Posted by roxy2009

Those who tell you to just forget about it and leave her alone, don't listen to them. Those who tell you there is NOTHING you can do, don't listen to them because they don't know what they are talkign about. It's not about moving on and bla bla bla. It's about nailing that criminal to the wall. Contact USCIS, do some research on your own, ask around, do whatever it takes to get her deported. The last thing thie country needs is "ANOTHER" criminal !!!

DO NOT listen to those who tell you just to leave her alone. Do it. Deport her !!!

Yeah good luck....

[Concerned4us]

Consult with an attorney. Divorce does not terminate your obligations under the affidavit of support.

[kittenKat]

Originally Posted by Concerned4us

Consult with an attorney. Divorce does not terminate your obligations under the affidavit of support.

Ditto! You actually are in even worse situation then you think. If she goes for federal benefits the government will ask for reimbursement from you as a sponsor.

I'm just wondering if you didn't live together after you got married WHAT EXACTLY did you say at the interview. That you live in different states? If you didn't bring the fact you live separately AT the interview you did fraud CIS same way your spouse did. So I agree, I'd just move on in your life.

[JohnnyCash]

OP should not worry about the financial responsibilities by virtue of filing I-864for his wife. Why? Because-

(1) If OP's wife was sponsored by a co or joint sponsor then he should not worry about any financial responsibily because it's he is completely out of the hook even though he was primary sponsor.

(2) OP's wife won't be able to obtain any of the public aids anyway except emergency aids because under the Welfare laws immigrants (legal or illegal) are no longer eligible for most of the public aids. The laws changed on it in 1996. Medicaid was available to immigrants until a year or so ago but President Bush signed the law which now requires immigrants to be 5 years legal immigrant in order to be eligible for a medicaid. So medicaid is also not available.

(3) Even just assume for a second in a hypothetical situation that OP's wife will able to get some kind of public aids, yet still I don't think anyone will be able to come after him for the reimbursement because not even one case has been ever reported in the history of this country when US govt. has taken a sponsor on I-864 to the court for the reimbursement of benefit provided to alien/immigrant. Not even one case in the history of USCIS.

Besides, the odds for US govt. to come after sponsoring person for the reimbursement are null to zero because matter would be shut up at first place with the local/state and federal agency that will provide some kind of public aids to OP's wife. No govt. agency sues a poor/low income people because they know that would be losing and wasting their money and resources in suing those people who seek public aids because these people don't have anything anyway which is the sole reason for them to have ended up getting a public aid at first place. So why to waste their money and resources in going after them to be reimbursed.

Secondly, eve if just assume that they would like to be reimbursed thru legal system then they will just sue the person who is obtaining the benefit than the sponsor because they don't know if the person who got the benefit was ever been sponsored by someone else for immigration benefit. They don't go in that deep; instead they would just ruin the credit of the person who would obtain the benefit than going after the sponsoring person.

(4) If OP's wife ever be able to obtain public aids somehow (which I seriously doubt it though) then she would make herself be ineligible to re-enter into the country when she would try to get back into the country except in the situaiton wherein she is determined to have obtained only emergency public aids. Immigration law bars entry for those who have obtained public benefit. She will be asked this question during the time of her US citizenship interview if she has ever obtained any govt. help.

So I wouldn't worry about all this I-864 thingy. This I-864 concept is outdated and never been enforced.

Now if OP really wants to do something then he should file for an annulment on the ground of immigrantion fraud. Though 99% of family court judges don't annul a marriage on this ground because they know that annuling a marriage on this ground is a sure way to deport the alien-spouse. Courts always take the side of alien-spouses on this kind of cause of annulment. Very few cases here and theree wherein US citizen spouses were able to obtain annulment on this ground. If OP gets lucky to obtain an annulment then he could send the annulment decree with a letter which would revoke his wife's green card because annulment invalidates the marriage.

If OP doesn't get lucky in obtaining an annulment then he should seek a divorce in alternative on the same petition depending on the ground applicable in his state. This way his wife won't be able to gather marital and jointly filed documents to prove her marriage with OP to lift the temporary condition from her green card. Also, very short marriage will raise the USCIS eyebrows. OP should also not forget writing to all offices as well.

I think both parties here guilty of immigration fraud one way or another, but then it's a whole different topic for me to talk about.

[MOM1211]

After 2 years she will try and remove the conditions. Make sure she has NO evidence of the marriage if you really don't want her to be able to remove them. She needs to be able to prove the marriage was entered into in good faith. If you initiate annulment (if possible) or divorce proceedings the second she got her GC then it won't look very good for her. So don't waste time, and get on it. She obviously doesn't realize she won't be able to remove them without proof of the marriage or good faith marriage, so make sure she won't have any if that's what you want. I think it's wrong what she did, so I don't really agree to not do anything. That's basically saying it's ok.

[jupiter07]

Originally Posted by absrao

JC - I am not suggesting to get Annulment based on immigration fraud. I was suggesting to get the Annulment based on the facts of the marriage itself. If the couple hardly ever lived together or shared responsibilities etc that a usual marriage supposedly involve or sufficient evidence of cheating (assuming its true), then OP has grounds to get marriage Annulled.

But remember this annulment is for a spouse in an immigration process. You cannot mention one without the other.

[roxy2009]

Thank you MOM1211..finally, someone that knows what they are talking about !

[jupiter07]

Search within yourself and decide what you want to do. I have a friend who sponsored his wife... and the wife was cheating on him after a year of marriage, literally. He gathered all the evidence, and guess what? All he did was obtain a divorce, period. He did nothing about immigration and when I asked him he told me that that had nothing to do with immigration but his marriage. Without rumbling, search within yourself and think about how you fell in love, what good she did if any.. did you ever love her? She could have loved you then and not now.

The final decision rests with you, if you have a big heart like my friend, there is something called forgiveness. Am not asking you to be like my friend, neither am I saying you've got a small heart if you don't forgive, but none of us knows you better than yourgoodself. So, think about, make a decision, the faster, the better for your sanity.

[Sonny18]

Jupiter07

"I have a friend who sponsored his wife... and the wife was cheating on him after a year of marriage, literally. He gathered all the evidence, and guess what? All he did was obtain a divorce, period."

Did his wife successfully remove the condition on her green card even though they were divorced??

[khayyam]

Originally Posted by Sonny18

Jupiter07

"I have a friend who sponsored his wife... and the wife was cheating on him after a year of marriage, literally. He gathered all the evidence, and guess what? All he did was obtain a divorce, period."

Did his wife successfully remove the condition on her green card even though they were divorced??

Your wife will be successful in removing conditions without you Sonny! My suggestion is that you grow up, move on with your life and forgive instead of ranting here about ways how to deport her. If you try to accuse her USCIS will take strong measures when you try to sponsoring someone the next time. You knew her for long before sponsoring her, you displaced her from her home town, now the relationships over and your thinking in terms of fraud. Your marriage didn't work that's the bottom line, and anyone can start a new relationship with someone who loves them more.
Immigration will deal with her when it comes to removal of conditions, as long as she married you in good faith she will be OK.
Also listen to very good advice given by johnnycash and others.

[JohnnyCash]

I didn't read your post wherein you are seemed to be suggesting for an annulment nor I contradict anyone's opinions. I'm simply giving the OP how he could make his wife deported if he really wants to because that's what he seemed to have asked in his initial posting.

OP should definately go for the annulment. He should file for annulment based on three causes-(1) immigration fraud which is in itself a ground to annul the marriage. Court can annul a marriage regardless of its duration if one of the parties concealed something material to the marriage prior to the marriage and other party has had no knowledge about it.. (2) OP can also allege that his marriage didn't consumate which is also another ground to annul a marriage; (3) the duration of marriage in itself. And in the alternative, he should be asking for divorce. If somehow judge would annul his marriage on immigration fraud then that would be the lottery ticket for him to deport his wife because that's what he seems to be hoping/looking for. Besides, either party is free to ask court to annul their marriage if they believe they were tricked into the marriage for something else which seems to be the case here as per the OP's initial posting.

Again, something just doesn't seem right in their marriage. To me it seems that they both entered into the marriage for their own motive than for a real marriage. She got what she was looking for; while he didn't get what he was hoping for...or at least as much as he wanted to. To me, a fair game.

Originally Posted by absrao

JC - I am not suggesting to get Annulment based on immigration fraud. I was suggesting to get the Annulment based on the facts of the marriage itself. If the couple hardly ever lived together or shared responsibilities etc that a usual marriage supposedly involve or sufficient evidence of cheating (assuming its true), then OP has grounds to get marriage Annulled.

[iamthegreatest]

Originally Posted by khayyam

Your wife will be successful in removing conditions without you Sonny! My suggestion is that you grow up, move on with your life and forgive instead of ranting here about ways how to deport her. If you try to accuse her USCIS will take strong measures when you try to sponsoring someone the next time. You knew her for long before sponsoring her, you displaced her from her home town, now the relationships over and your thinking in terms of fraud. Your marriage didn't work that's the bottom line, and anyone can start a new relationship with someone who loves them more.
Immigration will deal with her when it comes to removal of conditions, as long as she married you in good faith she will be OK.
Also listen to very good advice given by johnnycash and others.

True, True... just listen to your instincts coz at the end of the day, it'll be you deciding on whatever you wanna happen to your not so perfect marriage.

I know that this is so stressful for you so you might wanna take care of this asap the best way you know then move on

[jupiter07]

Originally Posted by Sonny18

Jupiter07

"I have a friend who sponsored his wife... and the wife was cheating on him after a year of marriage, literally. He gathered all the evidence, and guess what? All he did was obtain a divorce, period."

Did his wife successfully remove the condition on her green card even though they were divorced??

NO, she didn't remove conditions, but she stayed around for the two years. After that I don't even know what happened to her. But I figured the stress of being here illegally for 2yrs pretending to be legal is punishment enough.

[Triple Citizen]

Not neccesarily. I have a loser cousin who has over-stayed his F-1 since 1984, never completed his education, never held a real job, sponges off his two younger US citizen brothers, is obese due to over eating and has absolutely no guilt or remorse when reminded that he is an overstayer for the past 25 years!!!

Originally Posted by jupiter07

But I figured the stress of being here illegally for 2yrs pretending to be legal is punishment enough.

[Indian_Citizen]

Originally Posted by roxy2009

Those who tell you to just forget about it and leave her alone, don't listen to them. Those who tell you there is NOTHING you can do, don't listen to them because they don't know what they are talkign about. It's not about moving on and bla bla bla. It's about nailing that criminal to the wall. Contact USCIS, do some research on your own, ask around, do whatever it takes to get her deported. The last thing thie country needs is "ANOTHER" criminal !!!

DO NOT listen to those who tell you just to leave her alone. Do it. Deport her !!!

He can not deport her. I guess it is USCIS duty to deport her or leave her to stay!

[Indian_Citizen]

Yes, that’s true. When marriage falls apart forget about immigrants even people like to deport citizens also!!! (not everyone) Sometimes from this world too!! Its really sad! I remember reading few days back someone set fire in ex wife’s house and killed bunch of people. I guess people react different way for sad events in their life.

[Nav102]

Originally Posted by Sonny18

My wife has just been approved the conditional green card but has not received the actual card yet. She is currently travelling out of the country right after our interview with INS. I found out she has been cheating on me during the petition period and she's currently even travelling with the other guy probably celebrating the green card approval. Since she doesn't have the actual card yet, she will be coming back using the temp travel document. Is there anyway I can suspend/cancel her conditional green card status so she will not be able to enter the US?? She's obviously used me for the green card and cheated on me. I really appreciate any suggestions!.

Come On Man!! Unfortunately bad things Happen to good people . Give her a break !.

Would this be different if she was a U.S Citizen and broke up ??

[MOM1211]

It's because people do NOTHING that it happens and CAN happen so much. If you do nothing when someone does something wrong, of course nothing happens.