I130 application back under review after approval

RWG

New Member
The situation is a bit hard to explain, but i'll do my best.

In April 2007 I came to the USA as a visitor from the Netherlands. On a 3 month tourist visa. I had been talking to a girl for roughly 6-7 years, and came over to meet her,and see more of the country. I needed a brake after a stressful situation i had just ended back home (netherlands).

In June 2007 me and this girl got married and applied for a adjustment of status for me and a Greencard..

The application was approved and in January 2008 I received my conditional greencard (2 years valid)

Me and my wife bought a home, we were together for all this time (had issues, but i figured they'd pass in time, especially considering the greencard application).
She often doubted the sincerity of our marriage, without reason or proof, because of the situation. I always figured these issues would pass after the "conditional" status was removed, and I could prove to her that I was with her for her, not for a greencard.. I was naive to think this..

After I got my permanent greencard, things just got worse.. and I realized that this marriage was not how I wanted to spend my life. We separated and later got divorced.

In August 2010 my wife (still married) went to USCIS and said the marriage was a fraud.
In January 2011 my ex wife (divorce went through) received a letter that the I130 application was back under review

After that letter, we both (me and my ex-wife) went to a satellite office of USCIS and handed them a notarized statement (from my ex wife) saying that her claim of a false marriage was done so because her family egged her on, and she was in a heightened state of emotion.. In this statement she says the relationship and marriage were real but with issues (as i described above) but that it was most certainly all real and that she doesn't want me to get in any trouble, as she still loves me, and wants me back.

We've been separated for nearly a year now, and she still wants me back, desperately. I have TONS of proof to show my marriage with her was real and even more to show that we're still in contact, and that she wants me back in a relationship.. I have written letters (from her) saying what went wrong in the marriage, and where it went bad..

And I have her saying she merely reported me as a fraud because she was "angry and hurt"...


I am 26 years old, and have spent 4 years in the USA, this is the majority of my adult life, i don't want to go back to the Netherlands to start all over again.. Once was enough for that..



Do I have anything to worry about?


Summary:
Me and My (now ex)-wife got married to stay together
we went through the I130 process, and got approved ALL the way
I have my 10 year greencard
out of spite/anger/hurt my ex-wife went to USCIS and said the marriage was fake
I130 seems to be under review "post-decision activity"
my ex-wife wrote and notarized a letter saying she reported me out of anger/hurt (and family egging her on) and that the marriage was in fact real..
I have TONS of proof to show the marriage was real, and that she is desperate to get me back.. including statements like "if i can't have you, i want you out of my country!"
 
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In which case I should be fine.. as I did absolutely nothing wrong.. and I most certainly didn't violate any law.... An angry ex-wife shouldn't be a new thing for USCIS either :)

Thanks
 
Why did she "doubt the sincerity of your marriage"?
How long did you stay married after recieving your permanent GC?
Why did her family tell/encourage or coerce your wife to go to USCIS with a claim of fake marriage? Ask yourself these questions...
To be on the safe side, you need to seek advice from a lawyer.
Best case scenario - USCIS will consider your wife a scorned woman and leave you alone.
Worse case scenario - USCIS might revoke your status and probably place you on removal proceedings, followed by atleast a 10 yrs ban.
If you divorced her soon after getting your 10 yrs GC, thing might not look too good for you.
The good thing is that your wife recanted her story.
Hopeully, they will opt to leave you alone given that your wife recanted her story. Wish you the best...
 
the divorce went through roughly a year after i received my permanent greencard.
we did try counseling prior to requesting a divorce... nothing came of this.


With the case under review, am I allowed to travel to Canada and back to the USA without any trouble?


If it comes down to me having to prove my case, i'm fairly sure i'm ok, as I said before, there's tons of proof of us actually having been together, and even more of her being "scorned".
 
It sounds like you have evidence that you tried to save your marriage.
Also, you stayed married for at least a year after securing your permanent GC which is good.
It seems you have your basics covered.
Your ex is a time bomb - you need to stay away from her and her family. Anyone that goes to USCIS to make false allegations about you does not wish you well. I'm sure you know this. At this point, be careful what you do or say if you happen to be around her or her family member(s).
Given that your case maybe under review, It might not be a good idea to travel out of the country. Consult a lawyer before you go anywhere.
Again, best wishes.
 
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