Greencard Citing Domestic Violence

MelB81

New Member
I have been married to my wife for 1 year but in a relationship for 6. She came from AUSTRALIA on a student visa. Upon her senior year of college we knew we needed to get her to stay permanently in the country. After we got married we didn't have all the money together to apply. She left for grad school this past Aug. everything has been good. Two weeks ago out of the blue she said she wasn't coming home. Prior to that she asked me to send her our marriage certificate and my passport because her school had scholarships to help with the cost of applying for a marriage visa. So I sent it. 2 days later she says she has left me and our boys. She said she was going to see an attorney to figure out her options. As you can imagine I have been completely shocked. I recently found out she is now claiming I abused her in order to get a greencard through domestic violence. I can prove she was happy, safe, loved and not abused through family, friends, and therapist. How likely is it for her to get this greencard based on a lie? I know her friends are helping her even though Ive never met them. Everyone is taking her word for it. Please advise me on what to do.
 
Just divorce and move on. Her status is between her and the government and is not your concern. If there is any civil or criminal actions claiming you did anything improper, you can fight those. If there is claim during custody that you were abusive you can fight it because that affects you and the custody of the kids. But otherwise her immigration status is not your concern.
 
So she use me for 6 years while I worked and put a roof over her head. Then when she gets her own place paid for by her dad cause I couldn't pay for two places and damages my reputation and character by lying and her status is not supposed to be my concern. One day we were supposedly in love the next day she decides to never come home. It should be illegal to get a greencard this way.there are no charges or anything because there is nothing to charge me with. She deserves to go back to her country. She has hurt my kids deeply and me and I will never understand.




, member: 19"]Just divorce and move on. Her status is between her and the government and is not your concern. If there is any civil or criminal actions claiming you did anything improper, you can fight those. If there is claim during custody that you were abusive you can fight it because that affects you and the custody of the kids. But otherwise her immigration status is not your concern.[/QUOTE]
Just divorce and move on. Her status is between her and the government and is not your concern. If there is any civil or criminal actions claiming you did anything improper, you can fight those. If there is claim during custody that you were abusive you can fight it because that affects you and the custody of the kids. But otherwise her immigration status is not your co
Just divorce and move on. Her status is between her and the government and is not your concern. If there is any civil or criminal actions claiming you did anything improper, you can fight those. If there is claim during custody that you were abusive you can fight it because that affects you and the custody of the kids. But otherwise her immigration status is not your concern.
 
I have been married to my wife for 1 year but in a relationship for 6. She came from AUSTRALIA on a student visa. Upon her senior year of college we knew we needed to get her to stay permanently in the country. After we got married we didn't have all the money together to apply. She left for grad school this past Aug. everything has been good. Two weeks ago out of the blue she said she wasn't coming home. Prior to that she asked me to send her our marriage certificate and my passport because her school had scholarships to help with the cost of applying for a marriage visa. So I sent it. 2 days later she says she has left me and our boys. She said she was going to see an attorney to figure out her options. As you can imagine I have been completely shocked. I recently found out she is now claiming I abused her in order to get a greencard through domestic violence. I can prove she was happy, safe, loved and not abused through family, friends, and therapist. How likely is it for her to get this greencard based on a lie? I know her friends are helping her even though Ive never met them. Everyone is taking her word for it. Please advise me on what to do.

Hi MelB81,

I understand your frustration but the immigration laws don't work this way and your spouse will keep her green card after your divorce. Here is an example from the USCIS website in terms of removing conditions base on marriage. https://www.uscis.gov/green-card/af...conditions-permanent-residence-based-marriage
  • Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
  • Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.
These are options that are available for everyone that gets married and have a green card with conditions (not saying its her case) but the green card wont be revoked because of a divorce. I'm sure USCIS will do their investigation and determine next steps but that is out of your hands. Newacct provided great advise and its the best to move on and fight any civil or criminal actions against you as well the process in the custody of your kids.

Best of luck to you moving forward.
 
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It seems that the OP's wife doesn't have a green card yet and is trying to get a green card through VAWA, which is different from removing conditions after divorce. But there is still not much the OP can do about it.
 
It seems that the OP's wife doesn't have a green card yet and is trying to get a green card through VAWA, which is different from removing conditions after divorce. But there is still not much the OP can do about it.

Thanks for the clarification newacct. Its frustrating but its a fact, that nothing much can be done. Happy Thanksgiving to you in case you celebrate it :)
 
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