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A Question about the i-751 removal when divorced

Miami, FL |

I met someone who was defrauded for a green card by an ex wife who was able to remove her condition with a few convictions of shoplifting and not even providing any proof of bonafide marriage. That person was shocked how easy the criminal wife got away without adhering to the uscis rules of good faith marriage. I am stuck in the same situation where my own ex-spouse does not have any documentation, and just wondering if he will get away so easily too. I find this appalling to be honest and I don't seem to understand why the uscis allows criminals and the ones who show no proof at all get away. Have you seen similar scenario happening in your cases. I was confident that my ex has no chance, but hearing this story and how the government turns the blind eye on such people makes me lose hope.

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Attorney answers 3

Posted

What makes you so confident that your ex-wife "has no proof?" There are many ways to establish the bona fides of a marriage. It is not an exercise of counting pieces of paper. The test is not how long the parties were married, but rather whether the marriage was bona fide at its inception. I can assure you that the government does not turn a "blind eye" as you and your friend seem to believe. Move on with your life.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

Asker

Posted

How in that case the government would determine if the marriage was bonafide at its inception. Could you please give me a few examples, since the USCIS site is only concentrated on documented proof.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

A petition to remove the conditional basis of one's residence can be approved based upon credible testimony alone. As my colleague has mentioned, do yourself a favor and move on. No written documentation is required. A vindictive spouse (especially one who is bent on seeing a petition such as this denied) only makes it easier to establish the bona fides of a marriage.

Asker

Posted

Well, he never lived with me after getting the conditional green card...got it and took off, so why int he world would I not report him for fraud. Not to mention the lies, which followed afterward. I have moved on, except that I do not think ti is fair for anyone to obtain green cards this way. He was not given green card to ditch his responsibilities.

Asker

Posted

He even tried offering me financial compensation to cancel the divorce so that he will get his green card through. I have his email. So the issue here is not being vindictive at all as you can see.

Posted

Obviously, you are having difficulty seeing beyond your own situation. USCIS does not turn a "blind eye" to possible immigration fraud. Each case is judged on its own merits. Whether the marriage between you and our husband was entered into in good faith is the determination USCIS will attempt to conclude. What will be needed to come to that conclusion with, again, be determined on a case by case basis. The fact that your marriage did not succeed does not mean that it was not entered into in good faith. At this point, it is out of your hands. It's time to let go. Good luck to you.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Posted

You need a consultation with an immigration attorney. I would hesitate making remarks on this fact pattern, except to say as long as you did not commit fraud things are usually open to normalization.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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