She does not beleive me

S

slagneb

Registered Users (C)
Ok im trying to get this to leave her husband because were in love.Shes been married for 3 and half years.Her 2 year green card expired last year and is waiting for her 10 year green card.Ive told her she does not have to stay with him no more.I told her she can leave and we can be together.She doesnt want to leave until she gets her 10 year green cardHow do I prove to her she can leave him now before she gets her 10year gc
 
Her removal status conditions is based in her marriage, so she needs to be married until she get her GC. She might be called for interview with her husband.
 
You do not have to be still married in order to remove conditions. Provided that she can prove that the marriage in which the GC is based was entered into in good faith (ie, not for immigration benefits), then she should have no problem. Many people have been separated from their spouses and successfully removed their conditions.
 
If the husband insisted that the wife is making a fraud..then there's a little chance you can removed the conditions.
 
The husband would need to have substantial proof that the marriage was indeed a fraud....just insisting isnt good enough. If a marriage breaks down where one party feels hurt by the break down (even if the marriage was entered into bonafide), then the USC may 'feel' used and want to take revenge. Of course, contacting USCIS to say their spouse entered into the marriage just for a green card is the obvious go to source of revenge. USCIS have heard this a lot (theres nothing worse than a lover scorned)...therefore in order for a claim to be considered, there must be substantial proof that the marriage was entered into for fraudulent reasons.
 
It will be very hard to prove it isn't a fraud either. It's just a matter of taking chances and based on the girl's response, she just needed the GC but not marriage. So even though she doesn't "love" her husband no more but still wanted to stay until she gets the permanent GC which turns out the marriage is for GC only. This is indeed a fraud also. I guess to consult a lawyer is better before making your move.
 
USCIS tends to lean towards "guilty until proven innocent" when it comes to immigrants applying for benefits. If her USC husband does allege fraud, it's her who will need very strong evidence to prove that it wasn't.
 
captainkit said:
USCIS tends to lean towards "guilty until proven innocent" when it comes to immigrants applying for benefits. If her USC husband does allege fraud, it's her who will need very strong evidence to prove that it wasn't.
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Not at all - they rule based on "preponderance of evidence", which is different. A jilted spouse alleging fraud - there needs to be some evidence beyond his or her say-so.
 
bestpal said:
It will be very hard to prove it isn't a fraud either. It's just a matter of taking chances and based on the girl's response, she just needed the GC but not marriage. So even though she doesn't "love" her husband no more but still wanted to stay until she gets the permanent GC which turns out the marriage is for GC only. This is indeed a fraud also. I guess to consult a lawyer is better before making your move.
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Can you say that this marriage was entered into without love being involved? No! No where in the OPs post does it state this. It is clear that there is no love involved now as she wants out, that does not mean that the marriage was not entered into with good faith. People fall out of love. So what? A green card holder is perfectly able to remove conditions from their 2 year green card if they are separated, provided she show they entered the marriage in good faith.
 
captainkit said:
USCIS tends to lean towards "guilty until proven innocent" when it comes to immigrants applying for benefits. If her USC husband does allege fraud, it's her who will need very strong evidence to prove that it wasn't.
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Should the USC spouse allege fraud, then he better have substantial evidence to prove that this is so. USCIS would never just take his word on it. Just think, how many times do you think USCIS have heard false allegations about 'fraudulent' marriages in order to get revenge on their spouse/ex spouse?
 
elcupacabras said:
Should the USC spouse allege fraud, then he better have substantial evidence to prove that this is so. USCIS would never just take his word on it. Just think, how many times do you think USCIS have heard false allegations about 'fraudulent' marriages in order to get revenge on their spouse/ex spouse?
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Instead of gussing what will USCIS think, why not consult it with a lawyer? We are not lawyers and do not know what USCIS will "think" about an allegation of fraud.
 
bestpal said:
Instead of gussing what will USCIS think, why not consult it with a lawyer? We are not lawyers and do not know what USCIS will "think" about an allegation of fraud.
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The lawyer won't know either.

To based things on allegations...is just that...allegations. If he has make a complaint? we don't know, actually that was not even part of the originally message. Somebody just give that of an "IF" case, which is not necessarily this case at all and we are debating if she can be in a fraud case which this is not the case.

And "IF" this was the case, still she is living with her husband regardless that she does not love him anymore. Is in her to decide what is best for her. If the other guy (the op) wants her good, he will wait as he has been waiting.

If she really wants to leave, then she can do so and remove the conditions if she has enough and strong evidence that her marriage was enter in good faith. Is a hassle but it can be done, it's a personal choice.
 
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