Mariage failing before interview

[Sam11]

I got mariied to USC, but my marriage is falling apart. It was bonna fide marriage, I have copies of lease agreement, same bank account, AAA card, few gas credit cards, a lot of photo's, including wedding, etc
I understand that if she does not go to interview I can not adjust through her.
My attorney told me that I can divorse and remarry another USC and then adjust second time, but I will need to prove that my first marriage was real.

Does anyone here know similar cases ?
Thanks

[Sam11]

I got mariied to USC, but my marriage is falling apart. It was bonna fide marriage, I have copies of lease agreement, same bank account, AAA card, few gas credit cards, a lot of photo's, including wedding, etc
I understand that if she does not go to interview I can not adjust through her.
My attorney told me that I can divorse and remarry another USC and then adjust second time, but I will need to prove that my first marriage was real.

Does anyone here know similar cases ?
Thanks

[4now]

Hi Sam We need a little more information please. Is this the interview for the Temp Green Card AOS or Interview for Permanant GC adjustment of Status? How long are you married, and who is seeking to disolve the marriage?

[Sam11]

This is the interview for temporary greencard.
It has not been scheduled, but I expect it in 1-2 month.
We have been married for 6.5 month.
Nobody is seeking divorce now, but she started to play extortion game, demanding I sell everything I own to satisfy her spending habits.

According to my attorney I have an option to divorce her and remarry after divorce. I may lose my EAD and become out of status, but it should be forgiven as long as I marry USC.
Attorney feels that I have sufficient proof that my marriage is legit. (She even had an abortion, records can be obtained if attorney subpoenas them).
I probably can get an H-1B, I an PhD and am employed. I think my employer should be willing to sponsor me, if things get out of control. I guess, in this case I will need to have an interview in a consulate abroad.

Appreciate any advice.

[Sam11]

So guys and gals, any ideas ?

[4now]

Hi Sam.. It sounds like your safest route would be the H visa. It is true that you could divorce and remarry. Do you have someone in mind already or would this just be something you would do to protect your status? hmm

Now this abortion your wife got may be a very justified reason for you getting a divorce if she got the abortion without your permission.

Have you two been to marriage conseling to try to save your marriage? Because you say there is lots of proof for bona fide marraige of 6 months. I assume you mean bank statements, leases etc. The only thing I dont understand is term "extortion" (for interview/GC?????) and selling what you own to satisfy her spending needs. Sam, I gotta tell you .... these lines sound like a business marriage arrangement gone bad. Where one of the parties has gotten greedy for fulfilling their end of the bargin. Im not trying to be mean, but step back and look at what you wrote, and see if it is really what you mean.

[Sam11]

I am quite impressed with you.
Actually, here is the true story: I am writing about my friend, not myself. I am USC, happily married, etc.
He got married with business in mind, then this marriage became a real one (here when abortion happens), then it deteriorates and.. she wants more.
He is very decent person, just very naive, plus got a bad advice from an attorney, that this is the easiest and least painful way..

So, to get H-1, he will need to divorce and go to the nearest consulate, Canada, Mexico ?
But then, he can not overstay here (3 month rule). But if he overstays, then, I guess, second marriage is the only way out.
I am trying to set him up with normal woman, for real now, no more "business marriages", one time is enough.

Are you an attorney, or just plain very smart ?

"business marriage"

i am so sick of snakes who only marry for the greencard coming on this forum whining and crying after the wife smartens up and dumps your mangy a s s e s!

[Sam11]

It is she, who is committing the fraud.
Yes, friends set them up, he started working when he got his EAD, paying for her rent and expenses. There was no actual cash or check involved. He tried to establish a real family, but she, apparently, looked at it differently.
He is thinking about just divorcing and changing to H-1B. She sensed it and became VERY nervous.
Now she is mobilizing her big argentinian family and spreading rumors against him.

[Mike]

I have a simular problem but with a little more detail. I need help and this is my first time using this the message board. Will post my situation behind this message but I need advice badly.

Thanks
Mike

[Mike]

Here is my problem: My wife is an immigrate from Romania and we've been together for almost 2 years but married only for 8 months. We have pics of one another but nothing of substance with our names posted together. She has always told me that we would marry but it had to be right. She finally asked me to marry her.

Marriage was pushed up because she lost her job b/c her J-1 visa expired. It was wasn't a contract marriage in anyway but it simulated one after she returned from Salt Lake - Told me the only reason we were married was b/c of the BICS and needed my help to stay in the country.

Befor she left, the marriage allowed her to go back to school to start completion on her MBA in Business which led to a summer internship with a gobal financial company for 2.5 months starting back on June 2 '03 that paid very well. Before I left Salt Lake she wrote a letter expressing how much she loved and missed me.

About a month later I discovered a guy had been wining and dining my wife - Taking her on a 5 hour hiking trip in Snowbird Utah, movies, dinners (One included his parents), 2 major concerts, and spent a weekend night in the same cabin with another couple - told they slept in separate rooms. They talk all of the time on her cell phone. 4 days within returning from Utah my wife wanted a separation becasue she was confused. I gave in to her wishes but stopped in from time to time or called her.

We got into an arguement where she argued that I wasn't giving her the time. I finally ended up calling the guy where I learned he had feelings for my wife, but all they had done to that point was hug. On 8-28-03 she disappeared after leaving a letter saying, "we needed a cooling off period from all of these raw emotions." I did not seen or hear from her until 10/2. She then asked fr a divorce. During this time we were a part she had canceled all phone service including cell phone but stays in contact with other guy, Kicked me out of the apartment the night we separated, took a position with the company she interned with, fired our INS lawyer, canceled our INS appointment (If that can be done) for the Green card, moved out of the apartment and back to Salt lake where her new cell phone service has been activated or exchanged all without notifying me.

Told friends and family that she was advised to hide out our lawyer b/c my best friend called in the day I discovered the relationship and telling the her I made a threat against my wifes life; But I never did. We have never had a history of physical violence and the lawyer says, she never spoke with my friend and he says the same.

I have no other way of communicating with her but through email and her ex boyfriend which I receive no real responses. She wants her new employer to take over her entry into the United States but with her former employer failing the last time and our marriage in jeopardy of failing b/c she actually called requesting a divorce on Oct 2; does she have a real chance of staying and working in the United States without my support? Could she do it if she married the other guy?

I'm also so currently paying for our health benefits and she is reportly seeing a psychologist. Will I be liable for her bills if she is deported? Currently listed as her US sponsor - At this point I want out of the whole mess but I still care for her. Feel Trapped!

[4now]

Mike, Welcome to the forum. Please take a look at the SwissNut discussions over the last few weeks. You will find most of the answers to your questions within those discussions. There are several just go back thru the pages and review the diaglogue on marriage fraud or I-751 discussions. After your enlightement if you have any further questions . feel free to post on the board. Sounds like she already has her plan in place and is just laying the groundwork right now for the divorce grounds. What state are you in by the way. and you know you can always file for divorce or annulment. Sounds like you have good grounds. Happy reading.

To Mike:

"all they had done to that point was hug"

I hear there is a bridge for sale in NY, dirt cheap!

[swissnut]

Mike:

Sorry about your situation...yes, I have posted a lot of similar questions and received a lot of feedback from this board. If you wish to contact me directly for details of what I have learned about various options, pls feel free to email me: swissnut2000@yahoo.com

[Mike]

I live in New Mexico