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Thread: Uncooperative wife and upcoming greencard appt

  1. #1
    I have a dear friend who has an upcoming greencard appointment. He has been married for over three years and his wife, who has a greencard, sponsored him. However, they've been having marital problems. It seems that the marriage is broken at this point and divorce is likely to occur in the future. The problem is...the wife is threatening not to go to the appointment and is even going so far as to say she will call the INS and pretend that he married her soley for the papers to try to get him deported. This is not true, however, they married for love and things just didn't work out. He now tells me that he has fallen in love with another woman, who is a citizen. They want a future together and would like to get married. The appointment is in less than two months and his lawyer is simply telling him to pray. It seems unlikey that the INS would grant him a greencard without the sponsor present. What can he do to protect himself now that his wife is not going to the appointment and is theatening him? Does she have the power to deport him even though she is committing perjury herself? Also, would it be possible for him to postpone the appointment, so that he could file for divorce and possibly remarry the citizen, without jeopordizing his status in the interim? (especially knowing divorces can be dragged out these days). I don't know of anyone more deserving of a greencard - he's hardworking and never committed a crime. I need some solid answers for him - a real solution. Thanks so much.

  2. #2
    Michael
    Guest
    " don't know of anyone more deserving of a greencard - he's hardworking and never committed a crime"

    An adulterer and someone who commits marriage fraud does not deserve life let alone a green card. Both are immoral and both are crimes.

  3. #3
    sim:

    We need more information.

    Which interview? I-485 or I-751? Assuming I-485.

    He has not received any type of green card yet, correct?

    Also, how soon is the appointment?

  4. #4
    If she does not attend that interview.. he will go into removal proceedings.Doesnt matter if wife scream fraud or not.. no interview=no greencard. He had best take an interest in his current marriage as it seems he has not been attentive if he has fallen in love with someone else. Best advice.. forget his affair and work on marriage to make wifey happy. happy wifey=greencard....

    If he had decided sooner that he wanted to marry USC it would have been ok. enough time to get divorce & remarry to do AOs thru USC. with so little time now. he will be in removal while getting divorce (is no fault state?), it will look bad trying to get married while in removal especially if wife does hint at fraud.Btw. wife can site adultery as break up of marriage to INS. this wont look good either.

    It sounds like he is not being honest or fair with LPR wife. Let him get divorce and voluntary depart to go back home. It will be better for LPR wife. He will not work on marriage while engaged in affair. The USC wife can petition for him on K-1 fiancee visa or she can marry him in his country and apply thru dir consulate filing to bring him back home here.

    ARe you USC girlfriend?

  5. #5
    He should exhaust ALL possibilities of staying with his wife before leaving her for another woman.
    "'till death do us part."
    "for better OR FOR WORSE."
    These things mean that you should try VERY hard to stick it out. EVEN if you find someone "better" in the meantime. If he is cheating on his wife, I have no pitty for him.

  6. #6
    Simpatica:

    If you are USC girlfriend, don't marry him!

    You will be financially responsible for him for 10 years, even if you divorce.

    If he cheats on his wife, he will cheat on you too. You and J-Lo need to smarten up.

  7. #7
    Hi, I am in the same situation. And I have contacted a lawyer. He tod me that if (the wife in this case) is going to the Ins and say that all of it was fraut. And if she states that she married him just so he can stay here. SHE WILL GET IN LOT'S OF TRUBLE.

  8. #8
    sorry clicked the wrong button. She can get hight $ amount penalties. I think up to hundred thousands off dollars and if she is really lucky she will go to jail. So let her go to the INS and she will get a rude awakening. BUT I think the INS will be sceptic and will it make hard on you.
    My advise - get a lawyer. I know they are not cheap but in this case it might be worth it. Also it will be good for him if he can proof that she has left him and that she want's to file for divore, so he is not at fault. Importen things are also evidence. INS wants proof. I hope I could help you with this.
    GOOD LUCK!
    Like I said I am in the same boat just that I filed for divore, got the divorce garanted. Now I want to take the conditions of my green gard and at this time I have been waiting two years for them to contact me. No answer yet.

  9. #9
    Plaudin

    Your advice is nothing more than wishful thinking I am sorry to tell you. Do you think wife is stupid enough to say she was involved in a fraud marriage. She will be saying it is one sided fraud. (unilateral)

    And no she will not get the rude awakening if she goes to USCIS. They will advise her that she can withdraw the petitions since they have not been approved yet. Wrong again on divorce issues. Better 4her if she left him and filed for the divorce for implication sake.

    Dont know what boat you are in.. but I hope the lawyer that told you those things isnt doing the rowing.

  10. #10
    but if she left him he will not be at fault that this marriage did not last. I know this case is not easy. It all comes doen to proving the facts. And, you never now how stupid people are. If she is all p***ed off at him and is not thinking and just acting out of pure anger. You never know what people will do. You are not in peoples heats. I know people can remove the petitions for sponsorship. That is what my husband did.

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