if the US spouse realized she got duped, she reports the immigrant spouse to immigration before the expiration of his conditional status (2-year) and divorced him during the 2-year conditional status. My question is once reported the spouse...what factors the immigration will take into consideration to determine that the immigrant did indeed scam the US spouse.
A fraudulent marriage, simply put, is one entered in to for the purpose of obtaining immigration benefits. In deciding whether that has happened, the government will look at a lot of things- like whether the "couple" lived together, filed taxes together and otherwise joined their lives. They'll look at whatever they need to in order to make that determination.
The immigrant spouse would have an opportunity, if he/she wishes, to file the I751 Petition to Remove Conditions on Residence. USCIS will make a decision on the I-751. If the US spouse reported his/her side of the story to USCIS, then USCIS likely will consider that report when deciding the I-751. USCIS might, or might not, place much weight on the US spouse's report, depending on all of the facts and circumstances.
The examiner will investigate whether the marriage was in good faith or solely for an immigration benefit. Generally, the marriage must have been in good faith at the time of marriage and also at the time of the green card interview. There is an exception for those who entered on a K1 fiancee visa. In that case, the examiner will consider whether the marriage was in good faith at the time of entering the U.S. on the K1 and at the time of marriage. All evidence will be considered, including how the couple acted toward one another before and after the marriage and before and after green card approval. Allan
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