Both my spouse and I am not US citizens. I am on work visa and she joined me after marriage in USA. After spending a few months with me in USA, she left me and asked me to give her my immigration papers so she could prove she was living legally in USA and apply for her student visa. I did not give her any of my papers and filed divorce. I came to know recently that she used my old or (fake) salary stubs/tax returns and obtained student visa in USA and got admission in a university. Now she is asking huge amount of money to settle divorce case and use the money for her studies fees and expenditure so she can live comfortable in USA. Does this situation fall under immigration fraud? Can I complain to any US authority about this?
What this situation calls for is a consultation with a divorce attorney.
The fact that she used old/fake pay stubs of yours is not a fact but your speculation, at least based on your post.
The fact that she left you does not constitute immigration fraud.
Her desire to file for divorce and get a settlement with you so she would "use the money for her studies fees and expenditure so she can live comfortable in USA." does not indicate she has engaged in immigration fraud. All it does indicate is the fact that she is frustrated with you, wants divorce and wants you to pay her maintenance and divide your communal property.
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Be careful when your emotions may be driving your thinking. If you start discussing false documents, she may point the finger right back at you. You may be 100% in the right. But what is motivating you to ask this question, and to do this? Focus on the divorce issues if your marriage is in permanent disrepaire.
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What does your divorce lawyer have to say about this?
Did he/she consult with an immigration lawyer?
Be careful what you ask for .. accusing someone of visa fraud is a very serious matter ... and almost impossible to prove.
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