Got Scammed

[LauraKay]

Help! Our 32 yo son fell in love with a 23 yo woman from Macedonia. She seemed fine, was pleasant and kind to our whole family. Her parents made contact with us via FB and seem very nice. However, our son needed us to co-sponsor his bride and we have paid for all her living and legal expenses since she came here. To date, she owes us $15,000 not including the note on the car we gave her. As soon as she received her conditional green card, she became obstinate, disrespectful and has said terrible things about our son and our family to anyone who will listen. She now has two jobs making minimum wage and has started her own checking account. She has told us she doesn't owe us anything (we did make her sign a promissory note) and refuses to help pay the bills. In addition, my son is incurring approximately $500/mo in extra child care bills because his wife claims the child is not her responsibility and intentionally works after school hours and on weekends.

She is verbally and physically abusive to our son. No reports were filed but we have photos of the bite marks, scratches and bruises. Our son would never hit her back, but he does stop her from continuing to hit him by holding her wrists. We do not believe she hits the child.

Obviously, the marriage on her end was fraudulent. Is there anything we can do?

 

[Triple Citizen]

You should not be doing anything. If she beats up your son, the first thing he needs to do is report her for assault.

Is there anything we can do?

 

[Jackolantern]

However, our son needed us to co-sponsor his bride and we have paid for all her living and legal expenses since she came here. To date, she owes us $15,000 not including the note on the car we gave her.

Given that you did pledge a certain level of financial support as part of her green card process, she may be entitled to keep most of that $15000, depending on her assets and income during the time she received the money from you.

 

[LauraKay]

So, even if her reason for marriage was/is fraudulent, we are still financially responsible for her? Any possible way to have her deported?

Thank you for input. We have never before been involved with the immigration process.

 

[dhlunar]

This might sound mean, but if she is on a currently on a conditional 2-year green card and a properly filed I-751 is not submitted within the 90 days before the expiration of the conditional green card, and if the applicant can not prove that the late filing of the I-751 was out of their control, then the conditional resident status is automatically terminated on the expiration date of the conditional card, which makes the person subject to deportation proceedings since they will not have a valid status in the US. If the I-751 has already been filed and your son signed off on it, then he could write USCIS a letter stating he wishes to withdraw his support for the I-751. However, if you son withdraws his support or doesn't sign off on the I-751 it doesn't stop her from filling an I-751 without him and requesting a waiver.

Another avenue to consider is divorce, but that is handled at the state level. Plus, divorce will not void his and your I-864 financial requirement.

If you have any evidence to prove that she committed an immigration benefit fraud then you could report it to Immigration and Customs Enforcement (ICE). This link might help: http://www.avvo.com/legal-guides/ugc/reporting-suspected-immigration-benefit-fraud

 

[Triple Citizen]

That is a matter for the US government. You need not be concerned with it. As long as your son does not file a joint I-751 with her, she has to do all the grind work in order to convince USCIS that she entered the marriage in good faith and her objective was not to circumvent immigration regulations.
You should move on and let her deal with whatever is in store for her with the US government.

Any possible way to have her deported?

 

[Jackolantern]

So, even if her reason for marriage was/is fraudulent, we are still financially responsible for her? Any possible way to have her deported?

If her permanent resident status is terminated and she leaves the US or is deported, your I-864 obligations would end.

She only has a 2-year conditional green card at this time, and if your son does not cooperate with filing the I-751 when her card is about to expire, that will make it difficult for her convert to a 10-year unconditional card. I-751 denial would make her lose her permanent resident status after expiration of the 2-year card, and she would be ordered to leave the US or physically deported.

However, even while she is in the US, it's unlikely for her to get much out of you financially (other than what you've already given). For her to legally force money out of you, either (1) she would have to directly sue you, or (2) she'd have to get welfare benefits and then the government goes after you to recoup the funds.

With (1), your obligation is to keep her at 25% above the poverty line, but only after accounting for her own income and assets. In other words, you'd be responsible for the difference to bring her up to 25% above the poverty line. If she's working two minimum wage jobs for a total of at least 40 hours a week, she's likely to be at or close to the required level from her own income, leaving you with little or nothing to pay.

In addition, a court case would risk bringing her fraud to light, so she probably wouldn't want to initiate a lawsuit over this.

(2) is unlikely anytime soon, because the states aren't supposed to give any welfare benefits to permanent residents before they've had a green card for 5 years. And the states that were careless enough to give such benefits before 5 years aren't diligent with pursuing the I-864 sponsors to recoup the funds.

She can get unemployment benefits before 5 years, but you are not responsible for repaying unemployment benefits.

 

[whitemimauz3]

More than anything I think you son should press charges for domestic violence, since he has pictures of bites, scratches. This will definitely help him. Domestic violence is very serious offence in regards to USCIS perspective. Domestic violence charge police report could become strong ground for you to report to ICE.