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EXPERT HELP Can I request a second interview?

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  • EXPERT HELP Can I request a second interview?

    I have a dilemma. Question: Is there any way that a USC wife can request a second interview before conditional status is removed and alien spouse is given permanent Green Card?
    This is a long story, but I'll try to brief. I am a USC and petitioned my alien fiance on a K-1. We married within 90 days of his receiving the k-1 here in the USA, filed the proper forms for AOS. During the 2-yr conditional period, my husband had an affair, which I only learned of after 6 months. He filed for divorce, but after 2.5 months came back asking that we drop the divorce and reconcile. I was delighted. He moved back in with claims that he would make the marriage work...but refused to take counseling with me. This made me feel very unsure. There were many suspicious activities and I was not certain if he had ended his affair. I told him I needed time to think about the future, but he demanded that we had to file the I751 by the end of April. He claimed he was still willing to make our marriage work, but the day after I signed the application, he moved out and tells me he does not love me, and that he thinks he is in love with this other woman. I fear that his reconciliation attempt was to mask the fact that he needed the Green Card from me, and have heard all sorts of rumors that this is the case. The problem is that I love my husband...he tells me now that he has moved into his own place to think about what he wants for the future. He has not filed for divorce. I married my husband out of love, and want nothing more than to make it work...but I am not sure of his motives at all. Yet, if indeed he does sort out his mind and decides to work on our marriage, then the last thing I would want would be for him to be denied. I'd rather have the INS have another look at us, to see if they feel there were evil motives. Can such an interview be arranged? And would it require an immigration attorney to do so?

  • #2
    I have a dilemma. Question: Is there any way that a USC wife can request a second interview before conditional status is removed and alien spouse is given permanent Green Card?
    This is a long story, but I'll try to brief. I am a USC and petitioned my alien fiance on a K-1. We married within 90 days of his receiving the k-1 here in the USA, filed the proper forms for AOS. During the 2-yr conditional period, my husband had an affair, which I only learned of after 6 months. He filed for divorce, but after 2.5 months came back asking that we drop the divorce and reconcile. I was delighted. He moved back in with claims that he would make the marriage work...but refused to take counseling with me. This made me feel very unsure. There were many suspicious activities and I was not certain if he had ended his affair. I told him I needed time to think about the future, but he demanded that we had to file the I751 by the end of April. He claimed he was still willing to make our marriage work, but the day after I signed the application, he moved out and tells me he does not love me, and that he thinks he is in love with this other woman. I fear that his reconciliation attempt was to mask the fact that he needed the Green Card from me, and have heard all sorts of rumors that this is the case. The problem is that I love my husband...he tells me now that he has moved into his own place to think about what he wants for the future. He has not filed for divorce. I married my husband out of love, and want nothing more than to make it work...but I am not sure of his motives at all. Yet, if indeed he does sort out his mind and decides to work on our marriage, then the last thing I would want would be for him to be denied. I'd rather have the INS have another look at us, to see if they feel there were evil motives. Can such an interview be arranged? And would it require an immigration attorney to do so?

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    • #3
      Hey those people dont arrange interviews at your convenience OK? They only look at the evidence and not at how spiteful the USC may want to be.

      Please move on with ya life!!

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      • #4
        Where did you determine that there is any spite in this? I am the sponsor of my husband During the time we were separated he did not contribute to any marital expenses. When he returned for what he claims was a reconciliation, he gave me a laundry list of things he wished to be taken care of, before he thought he would be secure in our marriage. That list comprised of transferring assets into his name as well, even though they may have been acquired by me prior to the marraige, equal access to my assets etc. Furthermore, in an effort to make sure we were financially secure after the dropped divorce petition and attorneys fees, he recommended that we remortgage our home and draw the equity out to settle more than $30,000 of debts. However one day prior to the closing he refused to be obligor, which means that I am the sole person responsible for paying off those debts. He gave me letter after letter prior to signing the application for removal of conditions, stating that he wished to work on the marriage, and the next day ran off with his lover. I have grave concerns about being financially responsible for him if he is no longer my husband. Can you understand?

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        • #5
          I can understand. Don't worry. There are a lot of people who think that no matter what, the American is always the one to blame. Just ignore them. I really feel for you. If your husband is living with another woman, then you have no obligation to get him his green card. If he was unfaithful and refuses to get counseling, claiming that he's not sure who he loves, you or her, then he probably is not to be trusted. I know you still love him, but he will probably continue to break your heart. It would be best to get some counseling for yourself and end the marriage, unless he agrees to cease contact with his lover and attend counseling with you. If his lover is also a citizen, then he will be able to get a green card through marriage to her. If she is not a citizen, then that is too bad. You have a right to divorce him and a right not to petition for his green card. Don't let anyone criticize you for that.

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          • #6
            Josto, you're an A S S !

            The lady is NOT spiteful! I'm sure she is heart broken over this!

            Swissnut, my heart goes out to you!

            It seems like a clear case of marriage fraud on his part.

            Can someone please help this lady before he ruins her financially?

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            • #7
              swissnut:

              I posted a new topic with a link to this thread to try to get you some expert help.

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              • #8
                Sorry to hear about your situation. It is cases like these that give people who marriage is real a bad time woth INS. Report your husband. Write a letter and get it notizied and send it to them with your case number. Explain everything to them. You have to understand that you are respondable for him. By signing that form that you will support him until he gets 10 years of working credit.

                I know that it is hard because you love him. But how much do you really love yourself???

                The government is going after people that commits marriage fraud. And you don't want this to come back to you. And you get charged with a crime and fined. How much do your freedom means to YOU?????

                If you are crying now what about later???

                Call the BCIS and get it straight for yourself and peace of mind.

                Or you can file for divorce and state the reason in the divorce.

                Only giving my opinion?

                But whatever You decided to do Only you can live with it. If you decided to let him get away with the way he is treating you then you can't cry about. Just move on with your life.

                Comment


                • #9
                  To Swissnut:
                  It is a clear case of Marriage Fraud. He is not interested in you, he just want to use you as a tool to get his GC. You should write to BCIS and explain whole situation as you have mentionedin your post. Even if he comes back to you again, still he can not be trusted. If you will try to weigh something, still you will get same weight even you weigh it thousands of times. You must have his GC Alien number and other information with you. Use that information and report to the INS Service Center where you live.
                  I myself am an Immigrant but I do not like this type of games and fraud.
                  You should also file for divorce and try to move on with your life and forget about him for ever. I know it is hard, when you love somebody but if it is one sided love, it has no value. If he does not care about you and your sentiments then why you have to care about him.
                  Good luck.

                  Comment


                  • #10
                    TO: SWISSNUT

                    First of all, you need to make your mind straight off very clearly and expeditely in respect to what do you want. You can not go both ways because- on onehand- you want to withdraw your petition I-130 so that you won't be used for green card by yr husband, but on the otherhand- you still want to wait to find out what is really in his heart, and you did say that you still love him. Basically, what I'm trying to make you understand here is- you must need to decide now what do you want to do rather than later because if you want to wait for later to find out what's in your husband's mind, then it would be too late for you to do anything in respect to revoking his green card, because by then- he would be able to get his full p.residence thru using you. But, if you take any action now to revoke his green card and later on if it turns out that your marraige could still be survived then it would be a big mess, not only for him but also for you because then you will be trying your best to make him stay here legally all over again but then it would be very hard. You need to make a right call based on what do you feel and want, but decide now.

                    I'm amazed that you still want to wait despite what he has told you or has been doing against you. Do you want to get hurt more or want to see more misery including what you have seen or been already thru him in your relationship with him? Were all those misery not enough for you to open your mind and eyes? Were so many years in relationship with him not enough for you to figure it out whether your marriage would be survived or not in a long haul, or whether he really loves you or not? It's good that you still want to save your marriage and want it to be worked out, but for me- it's an eye-opening because I can not drink the milk by knowing and seeing that there is already some ants or mosquitoes in it. But again, different people and different thinkings. I can not speak-up or think for you. But, whatever you want, you need to decide now, otherwise you will be sorry later on for not moving fast.

                    Now, on your question- You should know that petition I-130 is only a relationship-verification petition, and BCIS got already convinced and has verified that your relationship with your husband is bonafide, that's why they granted your I-130 petition and based on this grant, your husband was able to get his conditional green card. Now, you can not withdraw it, because it has been approved already at the time of interview and based on that approval, BCIS granted him conditional green card. Now, you can not ask BCIS to revoke his immigrant visa or to withdraw your petition just because you have been hurt by your husband's acts or your marriage is not working well as much you thought to be. You had your opportunity to withdraw it before the interview or at the time of your interview. After the interview, you can not withdraw it, like whenever you want to, especially not on whatever terms you have. In addition, you are now also liable for any public aids he will seek [regardless you divorce him or live with him or not] until he becomes a USC or earns credit for 40 qualifying quarters [means for 10 yrs because maximum 4 quarters of work credit can be earned in a given yr]. It's pretty much all over now, especifically when you already have signed I-751 to remove condition on his temp. green card. Believe me, even though you write or call INS about your situation in order to revoke his green card, they don't care nor give any **** what you have to say after the processing of the application. I'm telling you this because I'm personally aware of lots of similar cases like yours, but BCIS never took any action on those cases after the processing.

                    As you know, some immigrants play these type of games what your husband is playing - just to get green card even though they always deny about it because they knew that they will be prosecuted and will be deported. Not long ago, I heard a case in ABC news-20/20 with Barbara Walter wherein a case was brought in light which was similar to yours in some sense. A 63 yrs old USC got married to a 18 yrs old girl from Russia thru mail order bride. Trust me, I just can not explain her beauty in words over here since at least I've never seen that type of cutie and beauty in my entire life even though I've visited around the globe. After 3 yrs of their marriage, one day he was checking up something in his computer wherein he found a file which is in russian language and there were numerous letters contained from beginning of their marriage. He got very curious and went to one of his russian friend to get translation on those russian letters because his wife was on visit to Russia to her parents at that time. What he found was that his wife had a boyfriend in his country wherein she always goes there to visit him while on the otherhand he was told by her all the time that she was going to visit her parents. He also found out that her mother knew that his wife got married to him just for green card and for money because he found the letters she addressed to her mom wherein she was telling to her mom that she got pregnant by him and now their plan would continue as it was planed from beginning because she was inteded to file for divorce and child support because the man was very rich. She was telling to her mom that she was able to get green card and now she wanted to marry her boyfriend in Russia. The man said he had some suspicion when his wife stopped sleeping with him recently after getting full green card and each time she used to give him lame excuses for not sleeping with him. He was torn apart because his wife was 3 months preganant with his baby and he said that he was sure that baby was his because that's was her plan from beginning in order to get child support from him. He came on the show to seek help in order to revoke his wife's green card because he had the proof of his wife's fradulent intention from beginning, which INS had ignored completely because they don't want to take any action against her.

                    But, in your case, obviously, you can not say that this case is a fraud case because then you will be prosecuted also in committing this fraud including him, and BCIS won't take your word only even though you tell them about the fraud, instead they would need a solid proof in respect to fraud in order to take any action against him because Immigration Courts would get involved now and in court-BCIS needs proofs instead of your words[even though, those words do stand for truth].

                    However, there are still two ways availble for you to give a try to revoke his green card if you really want to do it and don't want to get used for green card by him. But, you need to think hard before you do anything, unless you are pretty sure that you don't wanna stay in marriage any more.

                    First, write a letter to INS service Centre as well local office, and tell them that your husband took your signature on I-751 by force, because you were threatened to do so, and you did not sign there wilfully. You don't need to tell your whole story, otherwise they will think that you are trying to take revenge against him because he is involved in adultery or doesn't want to stay with you anymore. Just tell them that your marriage has not been been working since beginning after the interview because you found out that your husband is married you just for green card and not for love, but make sure to tell them that your marriage is completely over now even though you did not have divorce yet. Be sure to write his A#, and be clear and to the point. BCIS never does any interview on I-751 application and send the permanent green card in the mail, unless they get suspicion on some cases then they would send the cases to local office for further face-to-face interview on I-751 wherein both parties' presence would be necessary. If you get inteview date on I-751, then tell the officer at the time of interview that marriage never worked between both of you from beginning. It is very important for you not to let know your husband about any letter to BCIS or what you will tell at the interview[if you need to give another address to BCIS so that they can respond you, then do it in order to save your secret from your husband], otherwise he would be fully prepared himself to contradict your arguments and to make you liar and abuser for his permanent green card [even though, it may not true], because that's the only way [based on abuses] he can preserve his permanent green card if you don't cooperate with him on I-751 petition and you won't even know about it. He tricked and used you for green card, you need to trick him also to make sure that you were not used. That's how games are played in my dictornary.

                    The second option is- you should file for ANNULMENT based on that-he married you for sole purpose of getting immigration benefit, but make sure stay on your truth at the time of trial on your matrimonial case that your husband did tell you AFTER the marriage that he married you for green card only, which you did not know that before the marriage. You can also include that your marriage did not get consumated. Usually, divorce courts don't annul the marriage which is not short, especially not on this groud of immigration fraud because they know that if they annul the marriage on this ground then the immigrant spouse would be subject to deportation if INS ever finds out about this ground of annulment because annulment means there was never a valid marriage and it nullified the marriage, so obviously INS position is when there was never a valid marriage then immigrant alien never had any right at first place to seek green card based on that marriage, and then they will revoke his green card. That's the sure way to revoke his green card, believe me. After the annulment, you need to write to INS about this annulment and submit the copy of it so that they can revoke his green card. Unless your husband is naive-meant he doesn't know the consequences of getting annulment on his immigration life, he would most definately fight in the divorce court against it, therefore you need to arrange as much proof you can like taping his conversation if he make this kind of remarks that he married you for green card only. This ground is the only ground you need to revoke his green card because all other grounds of annulment won't work to revoke his green card. You can also play the trick for this annulment if you want to [whether wrong or right], like-after filing the paper, don't let him know anything about it, so obviously he won't submit his answer in the court or won't show up in the court at the time of hearing then you may able to get annulment based on default judgment, and if you do that make sure won't let him know for couple of months so that he won't be able to reopen it again or appeal it, otherwise he can able to reopen the case again or may file the appeal if you tell him within few months of getting annulment. I am not suggesting you to follow this trick, but this is also an option for you if you really want to revoke his green card. If I were you then I would consider this route also whether wrong or right, because when he can play the trick on you then why not you. And, always remember you can not win the games all the time by playing by the rule. Take care.

                    Comment


                    • #11
                      ty sammy!

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                      • #12
                        Sammy, that is bad advice. Let this guy off men. Life is too short to dwell on things like this. The best thing is usually to move. You never know about tomorrow Swissnut. The guy could undergo a transformation for real and start being good to you. Do not burn bridges at any point in your life. Never.It never pays to do so.

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                        • #13
                          Halali: I am wondering if you are suggesting that I do nothing and let my husband get the GC even though I am financially responsible for him for ten years? Is that what you are recommending? Are you recommending that I just let him get the GC and then if in those ten years he continues to put me in a financial mess, as he has already in the psat year, then do something about it then?

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                          • #14
                            swissnut!

                            don't think about him, think about yourself! you come first!

                            dump and deport! he is a scumbag! you deserve a king, not a cockroach!

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                            • #15
                              swissnut!

                              sammy and umesh are the experts! do a site subject search and see how many people request help from these guys, mohan too! halali doesn't know squat, probably is a man!

                              wake up and smell the coffee! he will not change! he is a liar and a snake! forget him! he needs to get deported! because of cockroaches like him, us legitimately married couples have to PROVE ourselves to the INS!

                              if he gets his GC, he will take you to the CLEANERS! Then you'll look back and say, "if only i had listened to those people on the board!"

                              He gets his GC, you'll be pushing a shopping cart, fighting off robbers and rapists everyday, and eating at the soup kitchen!

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