I left him cuz i fell out of love, not cuz he was abusive or anything. I am on a 2 years resident card. I filed for divorce and i filed 1-751( removal of condition)to the INS. I don't have much proof for the INS, yet my husband claimed to them that i frauded him in the marriage. Any good advice of what to do next ? My 2 years card has expired allready. My new US boyfriend wants to marry me so i could file again with him, but after i get divorced first, from my husband. What to do & what is my situation with the INS would be now ?
2006-11-28 22:09:25 · 8 answers · asked by Anonymous in Politics & Government ➔ Immigration
Under Immigration law the US Citizen files the petition for the alien spouse. The US Citizen can withdraw the petition at anytime prior to the government granting the permanent green card. A two year card is a conditional (or temporary) green card.
By him telling the immigration that your marriage was "not in good faith" he has done two things:
He has withdrawn his petition for you and:
He has put it on record that you knowingly committed fraud.
While the government may not go after you criminally (there is a chance, but a slim one), you do not have status in the US and will be required to return to your home.
If your new boyfriend marries you, then you will be fighting an uphill battle in proving to the government that this second marriage was NOT in good faith.
An important factor will be the divorce record. You "left him" (abandoned your first husband) and you presumably engaged in immoral conduct by having a boyfriend while still legally married.
In the government's eyes you are NOT a good person.
You could fight it )request a hearing before an immigration judge), but what PROOF do you have to counter the image the government now has of you?
If you lose, then you become a "previously deported alien." Then there is I think a 5 year bar to re-entry.
The other choice is to go home on your own and after a "respectable" period of time (i.e. AFTER your divorce) you become engaged to #2, marry and then come back on a K visa.
Since your conditional green card has already expired, you are now an illegal alien (an overstay).
You won't be able to be legally employed. Your husband can complaint to the government that you are engaged in crimes (crimes other than adultery with boyfriend such as drugs - without proof) and if he convinces an ICE agent to do so, you will be picked up. Or they could send you a notice to appear.
By the way, in addition to being out of status (offense #1), if you did not update your address with immigration you have committed offense #2 and possibly more.
This is time sensitive. Your decision is go home on your own and return later, or go through immigration procedings and possibly be deported as undesireable.
Your choice.
And don't further your image with the government by lying.
2006-11-29 00:59:43 · answer #1 · answered by Anonymous · 4⤊ 1⤋
Proving fraud will be difficult, and will redound on your husband as well. If you lived together and if the marriage was consummated there is no fraud. Even "marriages of convenience" have been retroactively validated by continued living together, and of course by having children.
More likely is the cancellation of your right to remain in the USA based on your first marriage. Once you get your divorce you can start the process over. With luck the INS proceeding will take long enough (or a lawyer can prolong it with procedural moves) so that you qualify with your new husband before having to depart.
2006-11-28 22:14:39 · answer #2 · answered by Anonymous · 1⤊ 1⤋
I think you did commit fraud in order to get over here, and you were NEVER attracted to him to begin with, then as soon as you got here you went around looking for other guys. Now that youve found one, youve left your husband. The INS is not going to believe you, especially if you are eastern european.
2006-11-29 14:54:41 · answer #3 · answered by Anonymous · 1⤊ 0⤋
So, if your card has expired, does that mean you are here illegally?
Perhaps you should contact the INS and ask them what to do.
2006-11-28 22:15:56 · answer #4 · answered by Anonymous · 4⤊ 0⤋
girl...you are in a heap of trouble...you should have waited until after you had gotten your permanent green card (10 yr card) ...i totally agree with Jeffrey (see above) .......What on earth were you thinking? ...Gee ...i dun love my husband anymore so im gonna go find a new boyfriend.....you screwed your own future....I hope it works out for you...but then again...you reap what you sow....good luck...
2006-11-29 01:12:25 · answer #5 · answered by nfocuz00 4 · 2⤊ 0⤋
You shouldnt' be in the USA. SOunds like you did trick him into marrying you. I feel sorry for your ex-husband!
2006-11-28 22:13:35 · answer #6 · answered by Rachel 4 · 3⤊ 0⤋
Get an attorney, he's accusing you of marriage fraud. If he proves his case, they will have you deported.
2006-11-29 02:47:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
US MIGHT REINSTATE THE NATIONAL DRAFT!
2006-11-28 22:11:26 · answer #8 · answered by Ronnie P 4 · 0⤊ 0⤋