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  1. #1

    Default Finding out I-751 outcome after marriage fraud :(

    Good evening,

    Some time ago, I [a U.S. citizen] brought my fiancee to the United States on a K-1 visa. We married and she subsequently obtained two-year conditional permanent resident (i.e. green card) status. Shortly after she attained that status, I realized (somewhat belatedly) that she did not intend to engage in a legitimate marriage with me and had in fact married me for the sole purpose of obtaining a favorable immigration status to the United States.

    I subsequently filed for an annulment based on fraudulent inducement to the marriage. Of the three elements of fraudulent inducement, the judge found that she had made false statements to me in order to induce me to marry her and that I had suffered damages as a result of relying on her false statements in agreeing to marry her, but that there was "insufficient reasonable reliance" on my part to grant the annulment. As a result, he granted us a divorce instead of the annulment, and included his judgment of the three elements in the divorce order.

    ("Insufficient reasonable reliance" means that although she lied to me to get me to marry her and I was damaged by believing her lies, a "reasonable, prudent person" in a similar situation would probably not have believed her lies. In other words, I should have seen it coming. If this had been some type of business contract, I would agree with him. But I was in love and thus acted somewhat foolishly in believing that she wanted to marry me because she loved me and wanted to spend her life with me. In my defense, I will add that she was in the United States legally when we met, and we had known each other for like three years prior to marrying. But that's really neither here nor there.)

    It has now been almost two years since she obtained her two-year green card, so the time is approaching when she will have to file an I-751 to lift the conditions of her conditional permanent residence status if she wishes to remain in the United States legally (which she does). I am no longer in contact with her, nor do I wish to be in contact with her, but I would like to know whether she is granted unconditional permanent resident status or not. (It seems unlikely that she would, given the wording of the divorce decree, but who knows with these things...)

    I have done a little bit of research on the web and have not been able to discover a method for finding this out once the time comes. Perhaps the government considers it to be none of my business now that we are no longer married. Nevertheless, I would like to find out what the outcome is. Do any of you have any idea how I might find out?

    Thanks in advance,

  2. #2

    Default rejection


    I read your message and it seems likely that she will be rejected the green card based on your marriage.

    From what you have stated her conditional 2-year green card was granted because of marriage to you. To remove the conditional status when she will be called in to the Immigration offices to have another interview with them, she will fail to show any relation to you at the moment and therefore her status as a spouse to YOU will no longer grant her ANY green card. You have both have decree of divorce.
    I am wondering if you have updated your status with Immigration. The day your divorce was finalized you could have, in theory, sent a copy of the decree to Immigration to update your case, since you petitioned for her green card based on marriage to you. If you have not done that, i suggest you do it.

    There is always the possibility that after the divorce she has used the same method to marry another US citizen and file for green card again through her new spouse. In which case you have no say and it should not be your business at all. You have moved on and so has she.

    Please read on immihelp.com what is needed to remove conditional status from green card. I believe that she will need to have you there at the interview and prove that her marriage to you is still alive and happy with proof of bona fide of marriage,which she cannot prove hence she cant get a permanent green card based on marriage to you, because that is not the case anymore.

    Just update your case with Immigration by sending them a copy of your divorce decree, just in case she "forgets" to mention it.

    Good Luck

  3. #3

    Default How to approach this

    Hi Thnos,

    I am in a similar yet different situation. I will preface my response with noting that I too am not an attorney.

    My soon to be ex-husband filed for divorce and then applied to lift conditions of his 2yr green card before having the divorce decree. He applied to lift conditions befor being in the country and married for 2 years.

    Dispite what the previous responder has stated, you do have a good reason to want to know the outcome of lifting conditional status because if it was successful you become financially responible for keeping her above the poverty level for 10 years....even with a finalized divorce.

    My service center gave me the low down on the status of my soon to be ex husband's file. But they will not give youany information over the phone. You need to make an info pass appointment and prepare your own case as to why she should not be granted her 10 year greencard. Include proof that you were not living together like leases or mortgages with only your name. Any other document that she may submit to proove good faith marriage and that she could easily forge or ****...you need to submit the true and accurate copy. Affidavits from people who knew you both and who can attest to the fact that she showed no interest in the marriage. Gather all of that info and when the 90 days for her to file to lift conditions arrives, you make an appointment to go into your local USCIS service center and you give them your receipt number or your name and ssn so they can look up your file. You also write your own statement as to what happened in your relationship. You ask them if you can add this information to the file of your then spouse. They may not give you any information about her file but they might take the information you provide and include it in her file. I didn't ask USCIS if I could do this, this is what they suggested I do in my case. They see this happening alot and they do consider your claim. But you need to do this while her case file is still at your local service center and before it get mailed to the central procesing location. After it is mailed to the central processing location you will need to make regular appointments at your local USCIS service center in order to find out when the case file is returned back to the local service center. At this point you have a second chance to submit information to the file before she is interviewed. Don't give up. This is not the time to move on. Tie up this loose end before moving on because if you don't at least attempt to do this and she gets her 10 year green card you could suffer financial consequences. There HAVE BEEN successful cases of alien residents suing their spouses in court so that the spouse keeps the alien resident above the poverty line. This is because the spouse has signed an affidavit of support.

    Best wishes to you or whom ever found this post in need of some sort of answer

  4. #4

    Angry Same Situation

    I am pretty much in the same situation although I caught mine before his I-485 was approved and requested an immediate termination of my I-130. My question is... Am I still responsible as far as the I-864 Affidavit of Support? I just got notice that his I-485 has been DENIED and he is waiting to find out the reasons, because I submitted several reasons to withdraw. I also got notice of acknowledgment of my request for withdraw on the I-130. Will they send me a notice as well as to why it was denied since I was the petitioner? I think the people that do this should be fined and serve prison time. UGH

    Reasons for withdraw
    Property Damage
    Pending Assault case

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