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Any way to retain Green Card if divorced?

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RobertG

Member
What is the name of your state? Florida

My wife recently received her green card due to our marriage. About a month after getting the card, she has travelled back home to visit family. Now that she's there, we had a conversation the other day and something's very wrong. I'm not sure if it's her parents pressuring her, or what. Even her friends here are a bit shocked. She told me she wants a divorce. She said she talked to a "lawyer" and he said she could make her green card permanent even if we get a divorce.

I contacted the INS and spoke to them and they said the only way she could do that is if she claimed abuse. (they wanted to know who the lawyer was [I don't know], because they said it was basically BS). And, because there has never been any kind of abuse police report, basically, they'd view her as someone who's just trying to manipulate the system and she'd receive a deportation order in the process. (I would NEVER do anything to physically harm her).

Even her closest friends are thinking that she's just saying this to be confrontational (she can get that way). I sure hope they are right. I really love her and don't want her to do this. But, if I find out that she was just manipulating me for a green card, I will contact the INS and report her and that's it for her green card. In fact, the INS informed me that I am legally required to report it, if it occured.
 


ImmigAttyLana

Senior Member
Abuse is not the only way. If she can prove/document that the marriage was bona fide at the time it was entered into and through the date of the separation, she might be able to retain the green card. However, if she just got it last month and now she wants a divorce, I am highly suspicious of this and you can certainly contact the USCIS and let them know that you think it may have been procured for fraudulent purposes, if you believe this to be the case.
 

SHORTY LONG

Senior Member
In addition to what ImmigAttyLana had shared, I would like to know: How long have you been legally married;
and if your marriage was consummated in the United States or in her Country; and where were you both married to each other at?
 

RobertG

Member
We've been married just over 1 year. She got her green card last month. Marriage was in the US. She had resided in the US 2 years before we even met. (she overstayed her visa).

Lana--thanks. That's kind of what I thought. She'd probably have a very difficult time proving it was a bonafide marriage given the circumstances. I'm assuming that I'd have some input into the process, as well? If she chose that route, I'd have to inform the USCIS about the situation and I doubt they'd let her keep it. In fact, if they heard our phone conversation the other day, her fate would be sealed.

We have not made any decisions yet. And, I really do love her. I want her to come home for the right reasons. But, it's looking like she does not feel the same way. I'm trying to convince her that she needs to come back and we can sit down and work things out somehow. I'm REALLY depressed over this and I hope that somehow we can work this out!

And, yes, I do love her. But, if she was just using me, she deserves to lose her status.
 

ImmigAttyLana

Senior Member
She would have the burden of producing the type of documentation that would normally show that it was bona fide: joint tax returns, joint proof of assets such as bank accounts, credit cards, lease, insurance, etc.
 

RobertG

Member
We do have some of that stuff. But, if I contested, plus it being so soon after her green card, that should be enough to prevent her from retaining her green card, right?

Like I said before, if it turns out that she was just using me for the green card, as far as I'm concerned, she does not deserve to stay in America. Is a recorded conversation between the two of us usable evidence? In Florida, only one side of the conversation needs to be notified that the conversation is recorded.
 

RobertG

Member
Actually, here's what we have:

1) Lease. But, we also have a roommate on the lease, too. (her best friend) So what's the difference? It doesn't prove much.

2) Joint bank account. I added her name to my account a while ago. But, she has never written a single check against it (or any other transaction, for that matter). She doesn't have a bank card or anything else. She has her own bank account and I know nothing about what's in it--she keeps it to herself.

3) Health insurance. I have her under my health plan, if anything, as a CYA. If something would happen to her, because we are married, I'd be liable.

4) Tax returns. We filed separately. There was no joint tax return between us. I never even saw her return, to be honest, but I know she had one.

5) Joint utility bills. None. My name is on everything except her cell phone bill, which her name is on only.

6) Life insurance. None

7) Joint credit cards. None.

8) Other assets. We have no other joint assets. In fact, I just purchased a new car and her name is not on anything.

9) I am self-employed. Her name is nowhere on any of my business (corporation) documents.

The only other thing we have is that she had a LOT of dental work done (Russian dentists are terrible, I guess) that I'm making payments for. And, if she does this, I stand to get stiffed for the bill. She was in pain so I helped her out--I didn't want my wife to be in pain. (after all, at the time, I thought she was genuine).

Lastly, the marriage was never consummated. (of course, I've always wanted to, but she always comes up with excuses :( ).

Do you think she has a chance if we divorce?
 

ImmigAttyLana

Senior Member
The marriage was never consummated and you were married for one year? Are you kidding me? Of course, this does not sound like a legitimate marriage. You should report her to the USCIS ASAP because it really sounds like she was just using you to get the green card.

She can try to get whatever documentation she can get, including affidavits, etc. and it would be much better for you if YOU make the proactive step in informing the USCIS of your doubts, etc. You were living with her for a year or so and you never actually had sex although you were married? Did that not sound rather strange to you even without whatever has transpired now in terms of the divorce talk?!
 

RobertG

Member
Of course it sounds strange! It is not what I had envisioned our relationship as being, by any means. BUT, at the same time, we have had some really good times together (as recently as right before she left for Russia) and I do love her very much. I wouldn't have married her if I didn't. I know that should not be enough, but I learned to accept it until she started this crap.

We've slept together in the same bed every night for over a year, but no sex. I've asked for it many times (I will not force her) but she keeps saying no. She says it's because of my weight. (I'm about 70lbs overweight). She's kinda' little--about 100lbs. I do understand her (I'm not attracted to overweight women, either) if she's telling the truth. So, I've started on a very intense diet to lose the weight. I've lost about 20 lbs so far, but I have a long way to go.

I have been a little unfair with her in how I treat her--she wants a little more freedom than I give her (SOMETIMES she feels like a child needing permission to go out with her friends, although I have only told her "no" once, because she didn't want me to go with them and I felt like going out and doing something that night with her), which I'm sure adds to her wanting the divorce. And, when she gets back, I'm going to change that for her.

But, combining the two situations together, it is not good for being a legitimate marriage. If she comes back, we will sit down and discuss the situation and decide where things are going. (by that time, I will have shed about 20 more lbs, too, so that will be much less of an excuse!) If she doesn't come back and insists on the divorce, I will be forced to tell the USCIS all of the information and her stay in America will probably be over. If I have to do that, it will probably be the hardest decision I've ever had to make, but she leaves me no choice.
 
Lastly, the marriage was never consummated. (of course, I've always wanted to, but she always comes up with excuses :( )?
:eek:Are you kidding? OMG....married a year and you two never consummated the marriage. I bet she did with someone else. She was using you all this time. She always came up with excuses? Would love to hear some of them...especially since they lasted over ayears time. I would have test drove before I bought. :cool:
 

RobertG

Member
:eek:I bet she did with someone else.
Please don't rub it in. This is a VERY sore subject with me--one that I have admitted to very few people other than on this board--I love her very much and (although it is possibly true) joking/thinking about it is not what I want to do right now. It would destroy me to visualize her being with someone else... :(

Right now, I'm trying to concentrate on the issue at hand, (thanks so far, Lana) and working out the situation between me and my wife to whatever outcome her and I personally decide upon together.
 
Please don't rub it in. This is a VERY sore subject with me--one that I have admitted to very few people other than on this board--I love her very much and (although it is possibly true) joking/thinking about it is not what I want to do right now. It would destroy me to visualize her being with someone else... :(

Right now, I'm trying to concentrate on the issue at hand, (thanks so far, Lana) and working out the situation between me and my wife to whatever outcome her and I personally decide upon together.
sorry, didn't mean to "rub it in". i just find it odd that you two never did sleep together...especially after a year's time.
 
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ImmigAttyLana

Senior Member
RobertG:

I am originally from the former USSR and I have quite a few clients from Russia and the former Soviet Union who are in situations very similar to yours and, unfortunately, in far too many cases, both with the prospective clients I meet and those I know of from other practitioners, this is all the nonsense that they are feeding you because that is the way they see their options of staying in the US. If you dig deep enough, I would bet you'd find a boyfriend somewhere else (in the US or abroad) and many other unsavory things that you probably would not like but I would urge you to really get a little perspective on this (put your feelings aside for a bit and look at how she has been treating you in this situation and whether this is in keeping with your idea of a partnership/marriage) and take appropriate action.
 

RobertG

Member
You are correct, Lana. I wish you weren't, but you are correct. There is a boyfriend (she said he is her EX boyfriend). Too bad the 250 pictures I found today had dates all throughout our marriage. I just got back from meeting an immigration lawyer and he said he could take the case and fight her and attempt to prove that it was marriage fraud. He said, if it's proven to be marriage fraud, she can get 5 years in prison plus a PERMANENT bar from immigration to America. He suggested waiting until she returns to America.

If she would file for a "good faith waiver" as he called it, would I get notification and/or how much time would I have to fight her case? I'm assuming she needs to wait until we are divorced to do that, right? Just trying to build a timeline here of what I need to do to fight this and when, if it comes to this....
 

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