I am in an urgent need of an advice please.
My ex-spouse who basically got his conditional green card and took off for good after just 12 days of the arrival of his conditional green card, decided to self-petition for a Eb1A green card without doing anything about his conditional green card through our marriage, which is still valid for another 8 moths. Because he defrauded me and abandoned our marriage while trying to keep me on the hook for the joint removal of the conditional status, things did not go the way he wanted for his ambition as I filed for divorce 2 months after the arrival of his conditional green card. So you could say that we did not live together after he got his conditional status. He leaves the country right away for 7 months straight where he also found a full-time job for himself. So then he returns to the US and since I filed for divorce right away and he could not collect docs of us living together (to prove a bonafide marriage), he decides to apply for Eb1A green card when his conditional status expires. He's an artist, so this is why he chose eb1a for himself.
For this reason, I am in urge of understanding what he could be faced with as I think that he has no idea what he is doing lol. I was told, though not from a reliable sources, that he can not just switch green cards and when he petitions for his eb1a, that's going to be returned to him from the uscis where they will see that he already has/had conditional green card through marriage. So is this true that the USCIS will wonder why he is applying for a new difficult green card for that matter while he has conditional status and that he should file i-751 instead. Or the info I was given is incorrect.
I really would like to understand this nuance please. I should also mention that we are now divorced and he entered the country with a B1/B2 visa, so we met in the US. Also, as he has NO joint of anything to provide to the immigration, what will happen to him. What he can provide are a few witness affidavits, but will the USCIS only accept a few affidavits because obviously his friends can write whatever they want. I reported him to immigration for fraud, and regardless of what the USCIS does, will that file with a few proof I have provided be reviewed by the officer. I am asking this because they will see that I have filed a fraud report and he can not even provide any docs to the USCIS, so that shows that he did not live with me at all.
My last question is assuming he ends up in front of the immigration judge, how will he even attempt to show bonafide marriage because if he has nothing to show for the USCIS, obviously he would be in the same situation in front of the judge; therefore, I would like to understand if the judge could simply grant him the green card even if he does not provide any documented proof that he entered our marriage in good faith.
I would really appreciate a response to help me understand what my ex will be faced with in his pursuit of green card. Have you had any experience where the immigrant gets a green card without providing any documentation whatsoever. This is what he has: marriage certificate, which we already sent, so not sure if this will help him out, divorce decree, which is what I have sent myself already and this does not prove a bonafide marriage, and the witness reports I mentioned, which could contain BS as you know. I believe the green card is granted on a temp basis so that the immigration will see that the marriage was in good faith, so if the husband does not live with me during those 2 years while he can not provide any documents, then wouldn't it make sense that the government would revoke his status. This is just my assumption and this is why I am asking for some insight to understand the system and what will happen to him.
My ex-spouse who basically got his conditional green card and took off for good after just 12 days of the arrival of his conditional green card, decided to self-petition for a Eb1A green card without doing anything about his conditional green card through our marriage, which is still valid for another 8 moths. Because he defrauded me and abandoned our marriage while trying to keep me on the hook for the joint removal of the conditional status, things did not go the way he wanted for his ambition as I filed for divorce 2 months after the arrival of his conditional green card. So you could say that we did not live together after he got his conditional status. He leaves the country right away for 7 months straight where he also found a full-time job for himself. So then he returns to the US and since I filed for divorce right away and he could not collect docs of us living together (to prove a bonafide marriage), he decides to apply for Eb1A green card when his conditional status expires. He's an artist, so this is why he chose eb1a for himself.
For this reason, I am in urge of understanding what he could be faced with as I think that he has no idea what he is doing lol. I was told, though not from a reliable sources, that he can not just switch green cards and when he petitions for his eb1a, that's going to be returned to him from the uscis where they will see that he already has/had conditional green card through marriage. So is this true that the USCIS will wonder why he is applying for a new difficult green card for that matter while he has conditional status and that he should file i-751 instead. Or the info I was given is incorrect.
I really would like to understand this nuance please. I should also mention that we are now divorced and he entered the country with a B1/B2 visa, so we met in the US. Also, as he has NO joint of anything to provide to the immigration, what will happen to him. What he can provide are a few witness affidavits, but will the USCIS only accept a few affidavits because obviously his friends can write whatever they want. I reported him to immigration for fraud, and regardless of what the USCIS does, will that file with a few proof I have provided be reviewed by the officer. I am asking this because they will see that I have filed a fraud report and he can not even provide any docs to the USCIS, so that shows that he did not live with me at all.
My last question is assuming he ends up in front of the immigration judge, how will he even attempt to show bonafide marriage because if he has nothing to show for the USCIS, obviously he would be in the same situation in front of the judge; therefore, I would like to understand if the judge could simply grant him the green card even if he does not provide any documented proof that he entered our marriage in good faith.
I would really appreciate a response to help me understand what my ex will be faced with in his pursuit of green card. Have you had any experience where the immigrant gets a green card without providing any documentation whatsoever. This is what he has: marriage certificate, which we already sent, so not sure if this will help him out, divorce decree, which is what I have sent myself already and this does not prove a bonafide marriage, and the witness reports I mentioned, which could contain BS as you know. I believe the green card is granted on a temp basis so that the immigration will see that the marriage was in good faith, so if the husband does not live with me during those 2 years while he can not provide any documents, then wouldn't it make sense that the government would revoke his status. This is just my assumption and this is why I am asking for some insight to understand the system and what will happen to him.
