Need Help: I need to revoke spouse's green card!
- Thread starter ben2009
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JohnnyCash
Volunteer Moderator
I don't think you are fool to have believed her and for falling madly in love with her. We all do at times. Been there, done that. When we (men and women, both) fall madly in love with someone, we tend to ignore hints that might be telling us otherwise. So I don't blame you for what you did for her and couldn't be able to see who really she is/was in fact. I completely understand how you are feeling inside of you but believe me passage of time will make you feel at ease.
As for revoking her green card then you need to know that it's not that easy to do so. Why? Because it depends on how an individual immigration officer will do his/her job upon receiving such a complaint. Unfortunately, most of the officers (99% of them) don't pay much attention to such a complaint because they don't want to spend their time, or are so lazy to do something. Secondly, they tend to believe that whenever a marriage fails between a US citizen and immigrant-spouse, then US citizen always foul-cries and tries to revoke the immigration benefit for immigrant-spouse which makes them to undermine such complaints. Thirdly, they are so busy that they don't want to spend their time/energy/efforts to investigate such a claim of marriage-fraud especially when they know that all they will get is-hearsay and unfounded-allegations. That's all, which might not be enough for them to make a solid case in immigration court.
It's worth noting that it's not that easy to revoke someone's immigration status without a conviencing evidence/proof; otherwise USCIS will eventually lose their case in the immigration court, and USCIS don't want to waste their resources to process losing cases in the courts. Just to remember, that revocation of someone's green card involves immigration court and federal courts wherein evidences rule the ruling. That's the reason USCIS don't do much on such complaints without a concrete evidence.
You should also know and acknowledge that your ex-wife is very clever and not a stupid at all especially when she left you right after coming to the US despite of being fully taking cared of financially. She must have a plan B. She knows very well that you can not make her green card be revoked anymore. She must have contacted many immigration attorneys and knowledgable people to know what would happen if she would leave you so early. As you said that she married with you just for a green card then do you honestly believe that she would have left you without being first sured about retaining her green card after leaving you?? Believe me, she must have all figured out before leaving you. And once her plan of leaving you so early gets failed or wouldn't work as she thought so then she would be coming right to you like a bee since she knows that you gets so blind when it comes to her.
Contrary to what you have been told here, the truth is-it wouldn't be so hard for her to remove the condition on her conditional green card despite of the fact that she divorced you so shortly. Who knows she might be on her way right now as we speak on removing the condition based on "battered-spouse clause" wherein she doesn't need to wait at all to remove the condtion. FYI, it's a piece of cake to gather or fabricate documents, to prove that one got abused, for immigration purpose. So don't even think for a second that she will not be able to remove the condition or something will happen to her status at the time of filing the citizenship application.
To me, it's not about the revenge; instead its about doing the right thing. So if you believe that she used you for a green card then you should write to USCIS. However, don't spill things off on the letter to USCIS; instead make a very concise and to-the point letter. Write point-by-point as to why you believe she married you for a green card. If possible, attach whatever evidence you can like divorce decree and whatever. Make sure to send that letter to everywhere as cc...like copy to USCIS headquater in Washington DC, and USCIS Service Center in your jurisdiction, local USCIS office and ICE as well. Don't make a separate letter to all these offices; instead the same letter but do mention where else you are sending copy of that letter to so that they would know that you have sent the copy of that letter to all these places. This way your complaint will definately get an attention. So make sure you point it out everything there because you won't get a second chance to allege again or something new.
Just 2 days ago, a similar case reported on another immigration website, wherein a guy's I-751 got denied despite of presenting tons of proofs of bonafide of marriage and a divorce decree. It happened because his ex-wife (US citizen) wrote a very concise and to-the point and point-by-point letter to USCIS reasoning as to why she believed her ex-husband married her for a green card. During the interview on his I-751, officer grilled the person and took his green card away.
Also keep it in mind that more you will hang on to this sad saga, the more you will suffer. I know it's hurting you so bad, but hang on to this wouldn't do any good. That's why you need to move on. And the best way to move on is-finding someone else who could love you and appreciate you as to who you are, and not based on what you have. Once you find someone else, you will not have extra time to leech on your past since you will be much occupied with a new relationship.
Take it easy and I wish you the best...
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Triple Citizen
Registered Users (C)
Wow! So CIS finally started going after those fraud ones. That's great. I assume that post was from the guy whining how bad his wife is.
The only problem with such cancellations I see is when the person got married with the best intentions and USC spouse became abusive (not to the point of filing WAWA, but to the point of making the life completely miserable, and yes I know such cases too, NOT fun!). And after the divorce USC spouse will try to revoke GC just because he/she is an ***. Even with the OP, how do we know he's a victim? From how it sounds - yes. Is that true? Who knows...
Indian_Citizen
Registered Users (C)
It is nice.
Thanks again for the advices!!!
These few days are the hardest days of my life, but it also give me times to think about everything.
For the informations that I gathered, more truth has appears:
she had a boyfriend before we met. This I know because she told me before we were dating, and she told me they broke up before she met me. I foolish enough and believed her.
Now, seems that she and her family are all in to this scam, and I'm the fool that they played around.
The more things that I found out, the more pains I gets.
Time will heals, and life goes on. I'll try to let everything go.
Again, thanks alot for the advices and console.
These few days are the hardest days of my life, but it also give me times to think about everything.
For the informations that I gathered, more truth has appears:
she had a boyfriend before we met. This I know because she told me before we were dating, and she told me they broke up before she met me. I foolish enough and believed her.
Now, seems that she and her family are all in to this scam, and I'm the fool that they played around.
The more things that I found out, the more pains I gets.
Time will heals, and life goes on. I'll try to let everything go.
Again, thanks alot for the advices and console.
JohnnyCash
Volunteer Moderator
Wow! So CIS finally started going after those fraud ones. That's great. I assume that post was from the guy whining how bad his wife is.
The only problem with such cancellations I see is when the person got married with the best intentions and USC spouse became abusive (not to the point of filing WAWA, but to the point of making the life completely miserable, and yes I know such cases too, NOT fun!). And after the divorce USC spouse will try to revoke GC just because he/she is an ***. Even with the OP, how do we know he's a victim? From how it sounds - yes. Is that true? Who knows...
"Wow! So CIS finally started going after those fraud ones. That's great."
I'm not sure if USCIS has finally started going after those cases wherein a claim of marriage fraud is reported, and I said earlier that it depends on the officer who gets the complaint of such fraud because 99% of the officers just throw such complaint in the garbage than acting on it. So it could be possible that the officer in that guy's case was honest to his duties/obligations or might suspected something or was convinced with the allegations made by US citizen-spouse.
Secondly, many things have finally started with USCIS, for example immigration officers are now coming to your house in marriage based case when a marriage seems a fraud-marriage. I hear and read everyday across the country from people that immigration officers visited their home to investigate marriages. It's been reported on so many immigration websites. Most of times it happens when there is too much age-gap between the spouses, or US citizen-spouse has had sponsored previously more than one spouse, or if there is a complaint of marriage fraud by someone, or if a case is randomly picked up for field investigation. Not that USCIS cannot do that because laws allow them to investigate a marriage by going home, asking neighbor and whatever legal ways but USCIS hasn't done so in more than 25 years until recently...a month or so ago. So things are starting to change a bit.
"I assume that post was from the guy whining how bad his wife is."
Ironically and amazingly no. The guy wasn't blaming and whining about his wife at all. Instead, he shortly and briefly stated that he left the US for 2 months to see his ill father but upon retrun his wife's attitude changed. He also said that he lost his job which contributed to his relationship to go more south. Then his finding a job in another state and living away from a wife and seeing her only every other weekend also tolled on his marriage. He wasn't aware at all that his wife wrote such a letter to USCIS in his back especially they nicely and mutually ended their relationship. He got to know about those allegations only at the time of interview on I-751; otherwise he would have been well-prepared and might have taken an attorney with him to the interview. He did not say even for once that breaking of his marriage was his wife's fault; instead he blamed cirucumstances sorrouding his marriage. I found him very gracious while talking about his wife.
"Even with the OP, how do we know he's a victim? From how it sounds - yes. Is that true? Who"
There is no way to know who is telling the truth and who is not; or who is the victim. Nobody EVER admits committing immigration fraud even though it's widely reported by USCIS itself that 73% marriage based applications are fraud. Every immigrant claims to have married for real. And 98% of the time US citizen-spouses do write to immigration and try to revoke/jeopardize immigration application/status for immigrant-spouse. This is just the fact. However, we can only comment to the party who presents his/her situation here. We don't know s/he is lying or not. I understand that there is always a two sides of the story but as an immigration attorney (same as criminal defense attorney), attorney is obligated to comment on a case presented to him and not about the other party whose story is unknown to the attorney.
FYI, people do file VAWA, once they see they don't have any chance to get a green card, or when they see an opportunity to remove the condition. And I also know that US citizen-spouses also try to get revenge or to make the life hell of alien-spouse after used them once marriage falls apart. I also know thousands of them personally. Many US citizens think that they can control their alien-spouse just because they sponsored these aliens for the residency.
The strange fact is- there is not even one case in the history of USCIS which shows that USCIS has ever taken any action against US citizen for marriage fraud even though so many were found being involved in marriage fraud but no action is taken against them. The only time USCIS did something when a few US citizens married many aliens at the same in different states to make money like a few cases previously reported on this in NYC and CA. Whevever someone reports to USCIS about US citizen to have involved in marriage fraud, USCIS says they have no jurisdiction on US citizen which is no true because laws state very clearly that anyone who is found to have committed a marriage fraud for immigration purpose is criminally prosecuted.
In my personal opinion, OP's ex-wife found someone else which made her to leave the OP so soon in the game and despite of being financially taken cared of. Otherwise, I see no harm for her to be staying a bit longer in the game especially when she was financially taking care of and it could have been good for her as immigration point of view like obtaining a full green card and even a citizenship. Why would she risk all these without a more promising future? So it seems that she found someone else...perhaps more richer than OP.
Well, that's somewhat similar to my example: not ALL cases should be denied, the USC spouse can try to do the harm just out of "bad mood, unhappiness, name it....." . Frankly in this case USC spouse should be punished too for (not sure how to say it in English) making up(?) the situation.
Just wondering, can he appeal (with the lawyer this time)?
JohnnyCash
Volunteer Moderator
"Frankly in this case USC spouse should be punished too for (not sure how to say it in English) making up(?) the situation"
USCIS doesn't nor can punish/prosecute USC spouse for having "bad mood, unhappiness, etc"; rather there must be a finding of crime like a marriage fraud. Just because USC spouse decided not to stay in a relationship with alien-spouse then that doesn't mean USC spouse committed a crime or making things up. However, if USC spouse lies to the immigration, in another word-making things up under oath, then it's another thing which falls under lying/mispresenting. Only then USCIS can prosecute USC spouse, but then again there is not even one case in the history of USCIS that shows any action been taken on such a complaint against a USC spouse. I do wish and like USC spouses to get prosectuted too if they are found to have committed a marriage fraud.
"Just wondering, can he appeal (with the lawyer this time)?"
Of course he can appeal and would. Everyone can and does appeal whenever their application is denied no matter because nobody wants to leave the country. So obviously they all appeal unless someone has no money to spend on attorney for the appeal or has another USC ready to marry with. If I tell you guys one fact then you will be shocked. Here is the fact- no marriage-based case EVER gets denied, whether it's AOS or I-751, so long there is no eligibility issues. They might get delayed in processing/approval or might get denied somewhere along the process because of technical/procedural violations aside from eligibility but sooner or later they all get approved, trust me on this, so long the required documents are submitted back by the applicants. Denial on criminal grounds, public charge and other more issues are eligibility issues which have nothing to do with procedural and technical issues.
Once immigration officer denies a case, people always file appeal with USCIS or fulfill the requirement whatever is asked/required. Most of the times (98% of the times), denied-applications get approved at this stage. If somehow USCIS still doesn't change their decision then case is appealed in immigration court wherein it's a very high possibiliy for a case to be approved. If still not get approved then a case is appealed to BIA and then federal courts. No courts even USCIS itself will deny a case when an applicant is statutory eligible for the benefit. As for lack of evidence submitted to USCIS then that can be overcome by submitting those evidences.
Many years ago, while practicing laws, I came across to a case of a woman who was 21 yrs old while her husband was 91 yrs old. Her husband was her grandfather's cousin-brother. In her country, laws allow them to get married. She had 5 children with her husband but USCIS refused to believe her even for a second. She was 16 and he was 86 yrs old when they got married. Her husband was a US citizen by virtue of being a US vetern who wasn't born in the US; instead he obtained his citizenship by fighting with Japanese for the US in the Asia during world war II. He was getting pension and all other benefits from US govt. while staying in his own country but he was considered a US citizen even though he never kept his feet on the US soil. The only reason they came to US so that she could obtain a green card since he could have died anytime when they came to US and then it will not be possible for her to obtain a green card back then.
USCIS detained her at the airport and presented her in front of immigration judge. Judge ordered her to take DNA test to prove the paternity of her children. Turned out that her husband was indeed the father of her all five children. She was given a green card. Many years later I accidently met her again and found out that she was then dating her husband's grandson who was 54 yrs old and her husband had died. At that time she disclosed to me that she actually married her husband just because of green card. According to her, it was her husband who offered her help with this idea of marrying with him for a green card without any physical touch. She said that since he was her grandfather's cousin and a family member, she sincerely thought that he really wanted to help her, and since she was living a very poor life in her home country and there was nobody in her family aside from her mother to support herself and her mother, she decided to accept his offer of help.
She took the opportunity of his offer so that she could come America and work hard to support herself and her mom, but said that the day she got married, her husband wanted to sleep with her which she blisterly refused. She told him that he told her that he will not touch her and that it was just a help, but he insisted that he wanted to sleep with her because he was her husband then. They started fighting everyday. Her mother one day told her to give in to him so that he wouldn't fight with her anymore. And that's how she ended up giving in to him and ended up having children with him. She claimed that she was a nice woman. I told her that I see her claim of being a good woman differently because she still had the option to end up her marriage with her husband the moment he damanded to sleep with her...and that she didn't have to sleep with him if she didn't want to...but since she does want green card desperately, she chose to give in to him. So I was not agree with her when she claimed to be a person of good morals...and moreover when she started dating her husband's grandson who was still older than her father...and she started dating him while her husband was still alive. According to her, her step-grandson, forced himself on her and raped her as he used to drive her to job and take her back to home because she had no DL and car. I wanted to report her to USCIS but didn't because I knew I had no proof of her being involved in a marriage fraud.
Anyway, the bottom line is- everyday gets approved on a marriage based case, sooner or later, if not with USCIS then in immigration court or thru BIA or Federal courts. I've seen cases which were obvious marriage-fraud cases but they all got approved. The way USCIS operates is different than how State Dept operates at oversees. State Dept. doesn't issue US visa that easily to people even if someone is eligible. That's why when people come over here, they are kind of scared of US govt. and scared of leaving back without obtaining something...but dealing with USCIS, they act without fear and as if they are walking in a park...at least once interview is over.
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Actually I didn't even mean that. Decision not to stay is completely understandable. However if USC spouse starts to lie to immigration just to revoke the green card - that should be punished. I highly doubt it is though.
Had I known this while I was going through the process I would have worried A LOT less!!!, there were nights I couldn't sleep!!!, in fact my hubby and I spent the night before my first green card interview talking and holding hands worried sick about what they were going to do to us (I don't recommend anyone to watch that stupid movie "greencard" )
) No, but it often sees money.
we are waiting for you to share your experience...
you guys all missing merit of this case - bona fide of marriage. there is NO marriage anymore. in such a situation, I would wait for her green card to arrive at my place. Then send it to the USCIS with signed affidavit from me and like 2 other people stating that they acknowledge what she did 2 wks after being inside US and also would attach divorve documents, at least submitted form. Further, I would send ICE the letter stating that she is not your wife anymore and you afraid she will use your name to benefit inside the country. She wont get deported or anything, but thats why USCIS designed conditional green card. After your statement is submited it will be contained in her immigration file. If she try to get unconditional green card she may be called in on another interview with "you" or DAO will simply deny based on no-marriage record. This or another way she will be in deportation proceedings. I would write a long detailed affidavit what happened just for her future record if she in the meanwhile marry someone new so USCIS will question them in details.
As of you, you are not off the hook as well. if you ever marry an alien and decide to bring her/him here, make SURE you use attorney right from the start first application you ever file and take your attorney to the interview as your case wont be a regular case and you need professional help b/c USCIS will assume you commit a fraud (sorry)
As of you, you are not off the hook as well. if you ever marry an alien and decide to bring her/him here, make SURE you use attorney right from the start first application you ever file and take your attorney to the interview as your case wont be a regular case and you need professional help b/c USCIS will assume you commit a fraud (sorry)
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Complaints could be real, they could be fake. But it acts as a double edged sword, one edge damages the alien, the other make future applications of the USC questionable.
For the USCIS/ICE to step in courts to get the Alien deported under a case like this needs excellent evidence.
It is a final battle of documents and NOT rants or whining affidavits from selected close friends.
For the USCIS/ICE to step in courts to get the Alien deported under a case like this needs excellent evidence.
It is a final battle of documents and NOT rants or whining affidavits from selected close friends.
Al Southner
Registered Users (C)
Ben,
You live and learn. You were awfully ignorant of what was coming your way, and it has been coming for a long time, you just wore blinkers and acted as if you won't get nailed.
Boy..you were wrong and I am certain it stings more now that she left for China. If you are less than 30 yrs, then I am sure this experience will leave permanent scar in your memory, but not to worry dear friend, taking one for the home team isn't a bad idea in most cases. USCIS won't entertain this case at all because by your own account you were married for two years and if she has a conditional greencard, it might be your saving grace for her ultimate return to China...
The probability of getting 10 year card are slim to none, but I am sure that won't return your $60K. Anyone younger than 30yrs spending that kind of money on so-called love is clearly misguided, especially when they were taken for a ride. In my view, the most hiralious part of your post is that fact that you spend $2400 to go to China to pick her up, which costs you your job.... It is absurd and reeks of immaturity on your part...I’m not what some ppl say about an angry usc do for revenge, this is real and need advise;
I’m a USC and my wife got the 2 years conditional on October 2019. She left home in February and come back sometimes, she makes excuses, then i found out she has a bf for a while and i challenge her and i wanted a divorce, later she convince me she love me and i m in love too so she came back home and i forgave her, once she cane back she was abusing me physically and emotionally, now we sleep in separate room and for precaution i have a voice recording in my room since she provoke me all the time, so i have recordingS of her assaulting And threatened, back in February i was at the bar near home with my friend and she came to the bar and pushed me and hit me with a bottle then she called the police on me, i don’t k ow what’s in the report but i didn’t get arrested( i asked the bar for a copy of a video) Last month i saw the medical bill she went to the doctor to check on her swallow hand ( she did it herself while assaulting me and missed and hit the corner of the table) also went to psychiatrist and got deppresion pills but she never took it, overheard to talking to a social worker, I believe she’s applying a waiver for i751 based on domestic violence. So i confronted her and she denies it and i told her i have evidence to prove it, since i have the recording in my room; she was talking to her bf to put a gps in my car. She now using other tactic to get me upset by taking my car key with her and disappear for all day and night, i fall into her trap once, i called and asked her if she gonna come back, she said NO, so i told her i know you’re fabricating a case against me but i have evidence that will screw you, she recorded me. September she went to LA for A month and told me she left because i want to kill her in a text message. What can i do in this case? I heard vawa or DV it’s very easy if they know how to fabricate a case, any advise ?