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Can the INS deport a spouse during or after a divorce while an I-751 is pending?

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  • Can the INS deport a spouse during or after a divorce while an I-751 is pending?

    My wife of 4 years, who has immigrated here, and I are going through a divorce. She pretty much came here with nothing, but she is really trying to be nasty about this, and asking for very unreasonable amounts of support and alimony. I only found out after a couple of years of marriage,that things she told me about herself, and things that she would do, were false. She has been spreading lies about me to everyone she knows, and it is damaging my reputation.

    My question is this: Is there any recourse i can take through the INS to have her deported ?I was more then willing to settle this amicably, but she has become very revengeful. Any advice or comments on this matter will be greatly appreciated.

  • #2
    My wife of 4 years, who has immigrated here, and I are going through a divorce. She pretty much came here with nothing, but she is really trying to be nasty about this, and asking for very unreasonable amounts of support and alimony. I only found out after a couple of years of marriage,that things she told me about herself, and things that she would do, were false. She has been spreading lies about me to everyone she knows, and it is damaging my reputation.

    My question is this: Is there any recourse i can take through the INS to have her deported ?I was more then willing to settle this amicably, but she has become very revengeful. Any advice or comments on this matter will be greatly appreciated.

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    • #3
      You don't have any recourse besides trying to withdraw her I-751.

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      • #4
        Morton, you havent given us any particulars about your situation. Does she have permanant green card or conditional green card. Im asking this becuase you said u were married 4 yrs. how long has 751 been pending?? when did you apply?. Please read issues answered by Sammy in the "Swissnut questions over the last couple weeks for information on withdrawal of pending I-751 and related issues.

        Is your alien wife aware of the consequences that may happen if this divorce occurs untimely? I hope so, and if not you should make her aware or advise her to see an attorney. This is serious thing.. for both. wouldnt want you to regret later. Think very hard about this.

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        • #5
          I'm not sure what she has now, but she is currently applying for her permenant residency, based on her marriage to me, so i assume it is a conditional green card. Our immigration lawyer told us we do need to change our status to the INS, but as she represented us as a couple, she will not represent either of us separately, citing a conflict of interest. My thoughts now are to hire an immigration attourney on my own, to explore the options. Thanks!!!!

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          • #6
            Why waste money hiring a lawyer to deport someone ? You spent enough, I assume, to divorce her. Any financial damages can bebrought up in divorce. You must send a letter to BCIS informing them of the divorce or else you may be suspected of fraud. That should be enough for her to face some tough questions. Now - if you truly believe in your heart that it was fraudulant then you could bring that up. However, if it is just a marriage gone bad then don't make the fraud claim. Think carefully about that. If she stole money and admitted to you that it was a fraud as mine did, then you can be sure. Otherwise, just divorce and move on with your life. DO not waste more money on lawyers to deport her. Plenty of lawyers would offer their "services" to you and take your money. However, they can not do anything more than you can. You would just be hurting yourself, not the spouse. This is why I want to become a lawyer. Everyone would rather give money to a lawyer than live in peace.

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            • #7
              How can you not be sure if she is conditional or not ? Were you not paying attention ? When my ex wife got the conditional stamp in her book, her face changed and she made a grimace. Then when I congratulated her on being a permanent resident, she shrugged and said "conditional permanent resident". At the time, I couldn't understand her reaction but 6 months later I did !

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              • #8
                Has she reached the point in the process where she has to petition to remove the conditions of her permanenet residency i.e.: filing I751?

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                • #9
                  I have met several couples through my work as a paralegal who ended up in divorce and husbands were trying to "deport" their bad wifes....it never happened. Do you actually know ANYBODY who was deported?? I don't think it's worth even trying. And as other members previously said - you will just waste more money on lawyers.

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                  • #10
                    Something else.... If you brought your spouse here, away from her family, friends and life...how can you expect her to go away from you with nothing? Think to put yourself in her shoes..I don't know the situation exactly, but she is in foreign country...which is becoming her new home.

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                    • #11
                      RIORDA;
                      We didn't "Take them away" from anything. They came here of their own free will. More often than not, they ONLY come here for a green card. Family and friendship mean nothing to these savages.

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                      • #12
                        Michael:
                        Uyyy....Before I read some of your posts and I did agree with most of them but this last one.....jss I feel sorry for you now. I hope you can get over.
                        Just one thing not "all of us" come here for a green card. Your love story didn't work it doesn't mean there is no love for nobody else.
                        Even though I agree "nobody take anyone away from anything" but you sure should not "declare" than "they only come here for a green card".
                        Good luck!!!!

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                        • #13
                          I think that a distinction needs to be made here between alien spouses who find themselves in unfortunate circumstances due to a failed marriage and those who find themselves in precarious circumstances due to their own failed attempt to delude their spouse enough to gain a GC . In my opinion there is a dramatic difference. No one leaves their home and family as a sacrifice in a bona fide marriage. Rather they are gaining the love of a person for whom moving is a wiling choice. Those who refer to moving away from firends, family and home as a "sacrifice" are really referring to the lengths they are willing to go to achieve a hidden agenda, in my opinion.

                          The several couples you referred to whose husbands tried unsuccessfully to deport their "bad wives", perhaps were doing so to try to punish their wives for a bad relationship....but there is a vast difference between doing that and seeking remedy for being duped from the begining. Deportation of aliens who try to take advantage of the emotions of unsuspecting husbands and wives, deserve this as an end...and believe me the hardship the alien spouse undergoes is not at all as painful as the emotional pain that the spouse goes through in the marriage and in the end by having to send them away.

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                          • #14
                            Yes, maybe you right....when you fall madly in love with american, leave your career, and everything else to bee with the person you love so much and see(or think) that that person loves you as much...and it lasts untill the baby was born...and you, separated from all outside world by your "loving" husband, who made sure that he covered all bases, did not let you work, have friends and so on...leaves you, steeling your child who you just gave birth to several days ago, takes all money, and makes sure that you do not have telephone numbers of his friends and family, or anybody else!!!! He takes your car, your documents, and leaves you a note...telling you that it is time to go home...and that you will never see your daughter again (reminding that this is a normal lady, without any mental problems, from good family, who will be a great mother)...so what is there for her to do???? She did not come here for the GC, and she did leave everybody..family and friends for the "man of her dreams" that just wanted a baby from her...and she was a very good wife to him, I'm a wittness..very devoted and caring ...and what happened..is this fare? To send her back? And blame her that she's here for GC? NO. And the same thing with other people...I do't know your wife, but I have to say, that I know many people who are here for GC, but not everyone. Not even close.

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                            • #15
                              The problem is that many foreigners are here only for the greencard. The ones that suffer then, are the ones that get caught up either on the other end of alien ambitions (U.S. spouses) or frank aliens who are being abused and taken advantage of their situation by their U.S. spouses.

                              The lady that you're describing Riorda, is clearly being abused and there are laws against such acts. A father or a mother of a new born, no matter if they're aliens or U.S. citizens, can not just take off. It's called kidnapping and will usually be punished properly when brought to the attention of authorities (police and family courts). In the cases of fraudelent marriages to U.S. citizen my advise as ever is to immediatly get divorced or annull the marriage if evidences exist and inform BCIS about the action. There is not much more that can be done. The law will not assist you in the pursuit of revenge (unless of course you're from the Bush clan ;-&), but our system works good enough to restore justice.

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