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  1. #1

    Default Conditional Green Card, Husband Filed for Divorce

    I married a UK citizen in 2009. He moved in with another woman less than one year after we moved to the US. He had an online relationship with this woman before I met him, and the only time he met her in person was when he invited her to our wedding.

    Through a series of lies I have caught him in, and evidence I have found, I believe that he married me for the purpose of coming me paying off his debt to the US to be with her. I have spent over $20K in supporting him and bringing him to the US.

    We did not have any mutual friends here that are willing to support his removal of conditions by saying that we were a legitimate marriage, as they believed he married me for false reasons before I admitted it to myself. I believe that he will be marrying this new woman to stay in the US.

    I know that I cannot get out of my Affidavit of Support, which is a bitter pill in and of itself. I was very naive in this relationship. I have been advised by a divorce lawyer that I will not be able to get any of the money I spent back in a divorce settlement, but that I can file a suit against him for that money based on fraud.

    So I have a couple of questions.

    I know that he can file for a waiver if we are divorced, but one of the requirements is to have two people to say that we were a legitimate marriage. We did not have any mutual friends that can do this unless they lied. Is this step, having someone swear that we were married legitimately necessary for him to stay in the US?

    Will being married to another US citizen allow him to stay in the US if he cannot prove that he did not falsify our relationship to get here in the first place?

    My concern is that I file suit and he has to leave the country, what will happen to my case if it has not concluded? If it has concluded and I actually win, if he leaves then I assume he won't still be obligated to pay?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Conditional Greencard Husband Filed for Divorce

    1. No - all he has to do is present his case. No witnesses are needed (though they do come in handy.)

    2. Yes, the other US citizen can sponsor him.

    3. I'm not seeing where you have any recourse to sue him for anything, actually. I'd be interested to discover why the attorney thinks you do have recourse.

    The harsh reality is that marital fraud is exceptionally difficult to prove, and even when it is quite often BOTH parties are considered to be responsible for the fraud.

  3. #3

    Default Re: Conditional Greencard Husband Filed for Divorce

    Thank you for replying so quickly.

    According to the instructions for the I-751, it says he would need 2 affidavits swearing to the legitimacy of our marriage, which is why I asked about that.
    http://www.uscis.gov/files/form/i-751instr.pdf

    If the other US citizen sponsors him, does that get me out of being his sponsor for the next 9 years/40 work credits?

    The lawyer had hoped I'd be able to get an annulment based on fraud, in which case the monies he got me to spend on his behalf could be asked for back if I won. Because we had been married greater than two years, in Virginia I cannot get an annulment. So the suit after the divorce was brought up.

    I was also advised by an immigration lawyer that if I believed he married me to come to the US, that I should state that in writing and send it to USCIS to have on file for when he filed for his 10 year greencard.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Conditional Greencard Husband Filed for Divorce

    Believe me, the 2 affidavits are often overlooked.

    Let's go back to sponsorship.

    If he is allowed to stay, he doesn't need another sponsor. You're on the hook until one of these things happens:

    1. He dies
    2. He naturalizes
    3. He abandons US residency permanently
    4. He earns 40 SS credits.

    You could potentially be on the hook for life.

    You can of course file a letter with USCIS. But honestly, it's more likely to be seen as a disgruntled ex spouse unless you can actually PROVE that he married you with the specific intent of obtaining immigration benefits.

    Such as emails or letters stating such, things like that. I'm really sorry - I do feel your frustration and I know this isn't what you want to read - but I'm not seeing any legal recourse for you unless you actually do have proof.

  5. #5

    Default Re: Conditional Greencard Husband Filed for Divorce

    Okay. I appreciate what you are saying. I do not want to waste money if there is no hope of getting anything back.

    I see what you are saying about them seeing it as disgruntled, but honestly I'm just glad he found someone with more money to move on to before I paid for more stuff for him. I have a lot of evidence that he did marry me to come to the US, but whether it would prove it or not, is the issue. He lied to me about his debt, his past, his relationship with this other woman. There are other things things that would support my case as well. But again, evidence and proof are two different things, and I realize that.

    I know I'm stuck being sponsor. Not only for him, but my two stepchildren as well. But if everyone agreed, can sponsorship be transferred? I think that they might agree to that. Do you know if that is possible?

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