What can I do to protect my self? CGC separation

simerusc

Registered Users (C)
I am a USC in a difficult situation, and I am not sure how to proceed, what are my best options? I met (summer 2008) and married my husband (May 2009) while abroad in Korea. He is an Indian citizen. He was so kind and sweet to me, I fell for him hard and fast (leaving a 17 yr marriage). There were times during our courtship I questioned his actions...he lied to his parents about me in part (he said they would not understand)...he had a friend who married a Korean for immigration purposes only (which he condemned). He told me he had overstayed his visa in Korea just a bit, and had his Indian attorney there explain it was no big deal for many long exhaustive explanations. We made plans for the future and just spent time enjoying each other. We filed I-130 2 weeks after our marriage and I had to return to the US in August same year.

After my arrival in the states, we communicated via the internet almost daily. It was a long and difficult process getting everything approved and his visa acquired. There were numerous complications and delays, he said due to the Indian embassy person there who refused to file and forward documents thru India without "pocket money". His visa was finally received July 2010, but he did not come to the US until October 26, 2010.

Immediately after his arrival here, he was a completely different person. He was always angry and yelling at me for completely minor issues. Just a week after his arrival I was so frustrated about his behavior I told him to take his things and go. Life became a daily up and down cycle. He said it was stress because of his inability to work (waiting for documents)...changing his life...his family wanting him to come to India. I tried to be patient. His ss card arrived Dec. 5 and his CGC Dec. 10.

I had introduced him to an Indian family here and he was spending time with them, learning their business to go to work for the man. Christmas we received word his father was in a coma and would likely die. He made arrangements with the Indian family here to travel with them to India Jan 7, his father died and he remained in India "settling" his father's business until March 26, 2011. All during his time in India I called him almost daily, he never spoke to me for more than 5 minutes...he was sick, he was busy, always in a foul mood.

Less than 2 weeks after his return, he went 300 miles away to work with a "relative" recommended by his mother when he was in India. Because of his "despirate need" to start our new life in the new place (which i was not consulted about at all) I sent him my remaining savings to establish an apartment for us, and planned to transfer in my company to that location.

Just a few weeks ago, I found a personal page of his on a social media website with only pictures of him and his ex-gf from Korea IN INDIA. The clothes, sunglasses and haircut prove to me (with other pictures taken when he arrived back here) the pictures were taken this spring while he was there settling his father's business.

I have discovered many lies. The person 300 miles away is no relative. I do not know if he married me for immigration purposes. It is very possible he married me to leave Korea without penalty (I discovered in recent weeks that he was illegal there more than 6 yrs). I have no proof other than these pictures taken in a public place that he has been unfaithful (they are no proof at all). He is constantly yelling and calling me names and turns every question into my somehow being at fault for his choices. I cannot live with a man that is a liar, a cheat, and abusive to me (never physical only a threat). His CGC is up for change of status Oct. 2012. I am flat broke now because of him, he has never contributed to our household (but we only cohabitated in the US 2 months and then 10 days), we have no assets together, no joint accounts, no children thank god, and I have nobody I can borrow from to afford a divorce. And now i learn he owes that local Indian family almost $2000 as he never paid for the flight the procured for him.

What are my options...as to responsibility for his sponsorship (divorce before or after 10/2012)?
 
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I do not know if he married me for immigration purposes. It is very possible he married me to leave Korea without penalty (I discovered in recent weeks that he was illegal there more than 6 yrs).

Unfortunately you are still responsible for him per the I-864. There are always two sides to a story however it appears this guy used you. Notify USCIS that you believe his only intention in marrying you was to obtain an immigration benefit.

You left a 17 year marriage for this? Oh well, the damage is already done. Welcome to heartbreak hotel!

My first advice is for you to make every possible effort to see if this marriage can work.
You do not want to be hopping from man to man. Also perhaps you have contributed to his behavior. You do concede you that do not know if he married me for immigration purposes

If that is not possible, make sure you make an appointment at USCIS and notify them before he perhaps agitates you to the point of violence, calls the police on you and then applies for his permanent green card through VAWA. Until you do this, play your cards close to your chest. He may have something up his sleeve if he suspects you're preparing to throw him out. File for divorce as soon as possible. You do not need a lawyer for non-complicated cases. You can also scour the internet for lawyers who can take on such cases pro bono.

Normally I am against US Citizens attempting to yank a spouse's green card when the relationship goes sour however in this case it appears the intent from the onset was manipulation and purely for a green card.
 
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I don't have to throw him out ... he has an apartment in a city 300 miles away in his own name and his address changed with uscis under the 10 days thing. My address is still the same with them. He left most of his clothes here, along with his passport. All of his belongings are packed in two suitcases waiting by the door should he ever return for them. I am not a violent person and though I am hurt by this man, I am still me...so that is not likely. I'm sure I look naive, even gullible, but I entered into this marriage to have a long life with someone I love and who treated me with dignity and respect until he came here.

Am I responsible for him, after the conditional GC time if I divorce him and refuse to sign the paperwork for change of status? What if I can't afford to divorce him before then and I do not sign the paperwork?
 
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Am I responsible for him, after the conditional GC time if I divorce him and refuse to sign the paperwork for change of status? What if I can't afford to divorce him before then and I do not sign the paperwork?

You are responsible for him until he accumulates 40 working credits or 10 years of continuous work. If you divorce him and refuse to sign the change of status paperwork, he will not get the permanent green card and they likely will start deportation proceedings on him. However until he gets deported, you will still be financially responsible for him. Sucks, but its the law.
 
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The 17 year marriage was already in the process of divorce when I met him. I am just trying to find out where I stand. I am not ruthlessly wanting to throw him out of the country...I know it is impossible and I DID choose to marry him of my own free will. But if he had acted the way he has since coming here before, I never would have married him. I can barely afford rent and groceries on my salary (I was a stay at home mom 17 years) how on earth can I fix this situation with the least amount of damage?
 
Well there are always three sides ,Hes ,said ,she said , and the truth......Caouse there vision is empared some man need to be told what is in the table....It would be nice to have him and you seat and talk..He is going to do his way any way.....So You tell him everything you think,about how you filling , how you doing bad financially and mostly he is not the man you married I mean everything let him know that you are not stupid ,but also you are not a bad person , so he should understand ... He should know that he deppence on you ...Let him know that you would appreciate his honesty if he married you for GC than its OK and that he can go on his way but would be fare he to help you financially , any way he is the reason you are broke.....If he still is negative towards you than you should start your process of separating/divorcing ...Since you don't have children property ore anything you don't need money for divorce.
Normally I am against USC deporting sombody who appreciate but in this case if he dont cooperate with you ,than it is up to you .......But you should tallk to him maybe heis not that much intelectual ore nice person to behave like that .
 
The 17 year marriage was already in the process of divorce when I met him. I am just trying to find out where I stand. I am not ruthlessly wanting to throw him out of the country...I know it is impossible and I DID choose to marry him of my own free will. But if he had acted the way he has since coming here before, I never would have married him. I can barely afford rent and groceries on my salary (I was a stay at home mom 17 years) how on earth can I fix this situation with the least amount of damage?

If you don't want to be financially responsible for him for the next several years, refuse to cooperate with him when it's time to apply for his unconditional green card. If they don't grant the removal of conditions, he will cease to be a permanent resident, which would end your financial obligation.
 
You absolutely MUST get a divorce. If you are willing to learn about court procedures, you may file without an attorney. There are several legal forums with large family law participation. FreeAdvice and ExpertLaw are two. Please post there for suggestions.
 
thanks Concerned4us i appreciate actually usable suggestions. I know it is imperative that I fine for divorce, but my resources are so limited. Thanks again.
 
I still think you should tallk to him first. There is no history that GC hollder complicated life of someone that helped to gain GC. In good USA peopel usualy appreciated for help to gain CGC.....Easy is for somone who have not a clue ,ore was ever in sitution like you two are now and never being emotionaly conected to give advice to you..And you dont want to feel bad one day. Tallk to him .
Sorry bout my misspell.
 
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bassman, I did not marry this man so he could receive a green card and immigrate to the US. I married him to have a life together as husband and wife, but it appears his reasons for marrying me are not the same. He has proven himself to be a liar and a user. Therefore regardless of his immigration status, I do not wish to have a relationship with him at all, because he is not the caliber of person I allow to share my time. Your suggestions sound as if you think I should take advantage of the situation he has put me in by trying to extort money from him in order to allow him to get his green card on my name. I believe that would be criminal. Thanks but no thanks. Being a law-abiding natural-born citizen of this country is a characteristic I value.
 
It is not necessary to have an attorney to file for a divorce if you are willing to put in the time and learn the legal requirements for filing. Please check the two family law forums I suggested earlier for assistance; often if you provide your state of residence, you will get links (if available) to the required forms. You are at even more financial risk if you do not file.

Bassman, you are mistaken. There is much fraud in the GC program. Marriage for a GC is significant; if it isn't, why do many matrimonial sites list someone's US visa/citizenship status. If it was not an issue, someone would look at the person and not what link to the US they have.
 
OK now i have more questions...I have learned in the last week that and Indian family I introduced him to here visited his family home when they were all in India this spring. His Korean girl was there in the family home and he introduced her to them as his wife in front of his family. He also told these people that he gave me money to pay a debt to them, which he never did...and that his family paid me a large sum of money when I married him. They have agreed to testify for me in court and to do affidavits for me to send to immigration about the situation. Plus, apparently this korean woman answered the phone at his apartment a couple of weeks ago. So apparently my suspicions are completely true and it was a sham from the beginning. I am trying to find out how to find out if he has a registered marriage in India or Korea with this woman...but I only have her name and no other details.

I have no concrete proof of anything except he did not put money in my bank account at anytime. WE do not have joint accounts and when his change of address was sent to immigration. I have some pictures from the internet that only show him with this woman (no dates and not inflamatory), I have the promise of someone who was an eye-witness of him being with her in India.

What kind of proof does the powers that be in this kind of case need to prove a sham marriage? Besides abject humiliation.
 
I believe this guy has a conditional green card. Divorce him as you plan to and notify USCIS you do not plan to file a joint I-751. Provide as much evidence of sham marriage as you have/can. If as you said you have no concrete proof, we cannot ask you to manufacture proof. Show what you have, you cannot show what you don't have.

Note also that we are only hearing your side of the story. There are always at least sometimes two, or even three or more sides to a story. There are also incidences of bitter rejected/cheated spouses trying to yank away the green cards of their spouses. USCIS knows about that and will make their judgment on the facts presented and their gut feel.

OK now i have more questions...I have learned in the last week that and Indian family I introduced him to here visited his family home when they were all in India this spring. His Korean girl was there in the family home and he introduced her to them as his wife in front of his family. He also told these people that he gave me money to pay a debt to them, which he never did...and that his family paid me a large sum of money when I married him. They have agreed to testify for me in court and to do affidavits for me to send to immigration about the situation. Plus, apparently this korean woman answered the phone at his apartment a couple of weeks ago. So apparently my suspicions are completely true and it was a sham from the beginning. I am trying to find out how to find out if he has a registered marriage in India or Korea with this woman...but I only have her name and no other details.

I have no concrete proof of anything except he did not put money in my bank account at anytime. WE do not have joint accounts and when his change of address was sent to immigration. I have some pictures from the internet that only show him with this woman (no dates and not inflamatory), I have the promise of someone who was an eye-witness of him being with her in India.

What kind of proof does the powers that be in this kind of case need to prove a sham marriage? Besides abject humiliation.
 
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I'm not trying to get this jerk thrown out of the country because he hurt my feelings. I just don't want to be responsible for him for 10 years or more if he is not a consistent worker. I trusted this person and gave him my heart. It is my own fault for not thinking anything except what I was feeling. I am not trying to be vindictive. I just want out with as few scars as possible. If immigration grants him a green card so be it as long as I am not footing the bill for his game. I haven't filed for divorce yet because I have no money to pay a lawyer ... I sent what money I had left to him to get "our" apartment in that other city back in April and just learned of this mess in mid-June.
 
I'm not trying to get this jerk thrown out of the country because he hurt my feelings. I just don't want to be responsible for him for 10 years or more if he is not a consistent worker.

You could be financially liable until he becomes a citizen or works for 10 years. For you to be released from the I-864 obligation before that, he would have to lose his green card.

If what you're written in this thread is factually true and isn't just the exaggerated ramblings of a jilted spouse, it means he manipulated you and defrauded the US government to fake the marriage to get a green card, so he deserves to lose the green card and you shouldn't feel bad for him if that happens.
 
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