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  • Got cheated !

    This is actually about my sister shes a usc & got married in overseas in July 2004 and in 2 months the husband got his visa and entered us , in 2 months his relatives started accusing my sister saying that my sister was trying to kill the uncle by switching his medication , which she never did they came to our house and verbally abused us ,my sisters husband didnt liked any of us , never he was like a family member to us even though he got married to my sis. when they used to live together the guy always tried to convince my sister to move out so he could do what ever he wants ,infact he wanted to rule my sister and then in 10 months he ran away ,to his relatives house .and now he has filed for divorce , we are trying our best to send this guy back ,although we have withdrawn all his paper work which she had done when he was in his country ,but the immigration officers say that they dont know anything , it all depends on his examiner whos going to interview him to remove the conditional residents on his green card, we also have written a letter to the immigration about this guy , and the way he was the very first day when we picked him from the airport he didnt even looked at us but his family ( aunty & uncle)he also had stated that we used to abuse him .why would someone go to overseas spending thousands of dollars on the wedding and on the plane tickets and work hard to bring him to this country and then abuse him , doesnt make any sense . she loved him so much , she could have found someone here in us but no we thought it would be better off if some one from overseas comes here and plus this country is so advance then most of the countries , we tried to help , but god ! this is what we get in return . we also did talked to so many attorneys they all say that his got all the rights to stay here since his legall . i mean as a us citizen what rights do we have here .so if any one knows little more infos about the situation ,it would be a great help .

  • #2
    This is actually about my sister shes a usc & got married in overseas in July 2004 and in 2 months the husband got his visa and entered us , in 2 months his relatives started accusing my sister saying that my sister was trying to kill the uncle by switching his medication , which she never did they came to our house and verbally abused us ,my sisters husband didnt liked any of us , never he was like a family member to us even though he got married to my sis. when they used to live together the guy always tried to convince my sister to move out so he could do what ever he wants ,infact he wanted to rule my sister and then in 10 months he ran away ,to his relatives house .and now he has filed for divorce , we are trying our best to send this guy back ,although we have withdrawn all his paper work which she had done when he was in his country ,but the immigration officers say that they dont know anything , it all depends on his examiner whos going to interview him to remove the conditional residents on his green card, we also have written a letter to the immigration about this guy , and the way he was the very first day when we picked him from the airport he didnt even looked at us but his family ( aunty & uncle)he also had stated that we used to abuse him .why would someone go to overseas spending thousands of dollars on the wedding and on the plane tickets and work hard to bring him to this country and then abuse him , doesnt make any sense . she loved him so much , she could have found someone here in us but no we thought it would be better off if some one from overseas comes here and plus this country is so advance then most of the countries , we tried to help , but god ! this is what we get in return . we also did talked to so many attorneys they all say that his got all the rights to stay here since his legall . i mean as a us citizen what rights do we have here .so if any one knows little more infos about the situation ,it would be a great help .

    Comment


    • #3
      What countries are u/his he from?

      Comment


      • #4
        If the U.S. citizen spouse does not attend the interview the other spouse can, in some cases, still apply for removal of conditions. It's best for your sister to attend the interview and tell her story, but only the truth.

        Don't spice it up, don't make things up either, just the truth. They will make a fair determination, it's their job. The law is not a tool for revenge. However, the law will not permit marriage fraud either. They will make a determination. This is EXACTLY why they consider a marriage solid only after 3 or 4 years without any separation. This is EXACTLY why they created this "conditional resident" status.

        Tell the truth and limit your statements to the facts. Otherwise you could be charged with making false statements to the U.S. Government under 18 USC and you sure don't want that. You have to prevail on the credibility issue, just remember that.

        Good luck and have faith in the law.

        Comment


        • #5
          "Houston, we have a problem"
          Not all applicants for removal of conditions are called for an interview. In recent months, many I751s are adjudicated on the basis of the documentation submitted.

          If the OP believes this alien had engaged in fraud, she should make her position known, in writing, both to the Service Centre and the local District Office, supplying any evidence she has to support her contention.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            The spouse is required to go to the interview, it's mandatory. However, in case of a separation, the alien must submit documentation to prove a bona-fide marriage to 'waive' such requirements and allow for removal of conditions without the presence of the citizen spouse.

            Comment


            • #7
              I thought that if couple were separated that the gc holder had to wait until divorce was final and then attend interview (if called) with evidences of marriage being bonafide?

              Comment


              • #8
                If the separation is final, the alien must file for a waiver with documentary evidence. If the separation is NOT final, the spouse must attend the interview, however, there's the possibility of a waiver (to avoid black-mailing and other issues). All this is very carefully reviewed to avoid the possibility of fraud. What most people don't know, is that USCIS will listen to any claim of fraud during the conditional period, and even after. Getting approved does not mean you're off the hook with USCIS!

                Comment


                • #9
                  Would you cite your source for "if the separation is not final, the spouse must attend the interview"? This information is not correct.
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment


                  • #10
                    Applications to waive the joint interview are to be filed with the director of the regional center and it's a discretionary decision. He or she may or may not give an OK to waive the interview. My previous statement relates only to the filing for removal of conditions by the alien after separation, with documented evidence and support.

                    Comment


                    • #11
                      Where are you getting this information? All waivers of the joint filing requirement are valid forms of petitioning to remove conditions, under specific circumstances and with specific documentation. Discretion may be used in determining IF an interview is required of the alien, but if the alien self-petitions, there is no requirement for the US citizen to attend.

                      By the way, one of the valid waivers is a bona fide marriage that terminated in divorce. Petitioning on that basis, the US citzien spouse is no longer party to the immigration process and therefore would certainly not be required to attend. Also, according to a USCIS memo issued on March 30, 2005, if an alien is separated, but not yet divorced, at the time the I751 is due, s/he should inform the Service Center.
                      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                      Comment


                      • #12
                        a waiver is nothing but a petition to exercise discretion and "ignore" some requirements. All those hardship waivers you hear about work in the following way... You prove hardship to the U.S. relative and after that is accepted, then and only then the AG will consider and decide in your case. When you are able to prove hardship, at least by the reading of the statute, it does NOT mean you'll get the waiver approved. Read the statute for relief under 212(h) for instance:

                        "The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien"

                        By their very nature, hardship waivers also give the AG a humanitarian reason to adjudicate.

                        As you can see, meeting the conditions of a for a waiver will only grant you consideration. In the same way, proving a bona-fide marriage will only grant you consideration of the case. It's never an automatic green light!

                        Comment


                        • #13
                          I disagree, Houston. In the case of removal of conditions, proving a bona fide marriage is the only consideration to be made.
                          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                          Comment


                          • #14
                            One thing is qualifying for a "waiver" of a requirement and another being granted a benefit. But the purpose of the review after the statutory period is just what you mentioned, to verify the bona-fide of the marriage. Happy Holidays!

                            Comment


                            • #15
                              even if the result remains the same, they are separate matters.

                              Comment

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