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

  1. #1
    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. #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.

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

  4. #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.

  5. #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!!!!

  6. #6
    Michael
    Guest
    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.

  7. #7
    Michael
    Guest
    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 !

  8. #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?

  9. #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.

  10. #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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