Question regarding marriage fraud

C

cheated_hubby

New Member
***reposting this as it seems I posted in the wrong sub-forum**

I'm a newbie to this forum,I believe that I am a victim of marriage fraud. My ex and got divorced 6 months ago as she was uninterested at all in making the marriage work. All my pleas to her fell on deaf years so left with no choice, we went for a no-fault divorce. Before we got divorced, I suspected her to have an affair with her ex boyfriend but I gave her the benefit of doubt. I was a US citizen and she was a student before we got married. She acquired a GC through me last year. Now within 6 months after our divorce, I see that she's marrying her ex boyfriend who is on H1. If I'm not mistaken, she probably is eligible for citizenship as well now. I'm not a big believer for digging up dirt from the past but I feel cheated that she's using the GC acquired through me to sponsor her exboyfriend now?

Can I contact the INS and request that my spouse be deported or report this issue? Any advice would be more than appreciated..

Raj
 
cheated_hubby said:
If I'm not mistaken, she probably is eligible for citizenship as well now. I'm not a big believer for digging up dirt from the past but I feel cheated that she's using the GC acquired through me to sponsor her exboyfriend now?
Click to expand...

No, she's not eligible for citizenship, and will not be for another 4 years. She cannot sponsor her new husband for several years, nor will their marriage convey any immigration benefits.

Can I contact the INS and request that my spouse be deported or report this issue? Any advice would be more than appreciated.j
Click to expand...

No, and look on the bright side - her remarriage ends any support obligations you may have had.
 
chelo_7 said:
oh dear...how long has she had the GC?
Click to expand...

If you guys were married for less than 2 years when her GC was initially approved, she most likely only has a conditional GC that expires in 2 years from approval date. If that is the case, she will lose her GC since she can't remove her conditions without being married to you.

If that is not the case and she has a 10 (unconditional GC) she can sponsor her new husband after 4 years when she becomes a USC. However she will have a tough case since the IO adjudicating the case will probably be suspicious of her immidiate divorce from you after becoming a permanent resident.
 
fry her ***, call INS and do your best to have her deported from this country. The last thing We want to see is more crooks.
 
AOS_GUY said:
If you guys were married for less than 2 years when her GC was initially approved, she most likely only has a conditional GC that expires in 2 years from approval date. If that is the case, she will lose her GC since she can't remove her conditions without being married to you.
Click to expand...

Not entirely true. It is extremely possible to remove the conditions of a 2 years GC without being married to the original sponsor. You are not able to AOS without being married to the sponsor, but you can certainly remove conditions. Many people have unfortunately divorced while on a conditional GC, though as long as they can provide that the marriage was entered into in good faith, then they can apply to remove the conditions as soon as the divorce decree is in hand /90 day before the 2 years is up (which ever comes first). The wife in this case however could have a problem as the onus will be on her to prove that indeed this was a marriage of good faith....the potential spanner in the works would be the OP's complaint to USCIS. Regardless of this fact, removing the conditions could be entirely obtainable to the wife.
 
cheated_hubby said:
Can I contact the INS and request that my spouse be deported or report this issue? Any advice would be more than appreciated..Raj
Click to expand...

I'm guessing INS might see this "request" as being an attempt at revenge and disregard it. It might depend more on whether she can prove that the marriage was entered into on good faith it was genuine. Gaining immigration benefits from a marriage does not mean that spouse has carte blanche to deport you if they choose to later.
 
To begin with, thanks all for the responses.

My ex had the conditional GC since May 05 and we filed for removing the conditions around Oct 07 after which she became a permanent GC holder. I thought you can apply for citizenship after 3 yrs of getting a GC (temporary included) which makes her eligible for applying for USC since May '08.
I guess she player her cards right and ended it after she had the permanent GC in her hands..
Is there any value in complaining to USCIS or calling other lawful authorities...? You guys had some really nice thoughts..

-Raj
 
cheated_hubby said:
To begin with, thanks all for the responses.

My ex had the conditional GC since May 05 and we filed for removing the conditions around Oct 07 after which she became a permanent GC holder. I thought you can apply for citizenship after 3 yrs of getting a GC (temporary included) which makes her eligible for applying for USC since May '08.
I guess she player her cards right and ended it after she had the permanent GC in her hands..
Is there any value in complaining to USCIS or calling other lawful authorities...? You guys had some really nice thoughts..

-Raj
Click to expand...


I think she would still need to be married to you to be able to apply for citizenship after 3 years of having the GC. Otherwise, she will have to wait for 5 years like everyone else before she can apply.

If you suspect that she entered into the marriage with you primarily for the sake of getting the GC and you have reasons and proof to show for that, you should bring this up with the USCIS. If not, let it go and count it good riddance!
 
cheated_hubby said:
I thought you can apply for citizenship after 3 yrs of getting a GC (temporary included) which makes her eligible for applying for USC since May '08.
Click to expand...

Provided you are, and were married to a US citizen for those three years, which she is not. She'll need to wait the five years.

Is there any value in complaining to USCIS or calling other lawful authorities...?
Click to expand...

No value. She removed conditions. Your best bet is to encourage her to re-marry, although I pity the new sucker.
 
She must remain married with same USC to order to take advantage of 3 years rule on time of applying for citizenship.Apparently her permenent GC was approved after 3 years and she is not married with same USC to be eligible to 3 years rule but she is far from applying based on 5 years rule and like one of the folks said she might have hard time for citizenship.
 
Cannot believe people can be so manipulative

CH,

I feel so sorry about your situation. at the same time I cannot believe how manipulative the woman you married is. She waited for removal of conditions and then divorced you? wow..thats a very cunning planning!

I know it is easier said than done but I would say try to forgive and move on..
Think of this as a lesson and be careful in the future..

All the best
 
You must log in or register to reply here.
Top