Need help- stressed and concerned

[akra86]

Ill keep it short and sweet, I am a good guy and just need advice from you all. I am the partitioner, my wife is the beneficiary. We are seperated. Got married in may, and the seperation started in mid August. Can I let her stay until our interview without getting in trouble, then just tell them it didnt work out for us at the interview? Please advise. She wants to try and make some money before she leaves, I dont want to get her deported early if I dont have to. The marriage just didnt work out. Thank you

[seattle2903]

No. Lying and/or misrepresenting in front of an USCIS officer is a federal offense. Don't do it unless you want to open yourself to prison time and/or high fines.

[akra86]

I am not lying or misrepresenting! Instead of filing divorce now and withdrawing my petition, I will wait until the interview and then explain to them the situation. Just want to make sure that is ok. Thats all.

[seattle2903]

I am not lying or misrepresenting! Instead of filing divorce now and withdrawing my petition, I will wait until the interview and then explain to them the situation. Just want to make sure that is ok. Thats all.

Why would you wait for the interview? They won?t approve the petition anyway because you will be separated.

[UScitizenFilingforspouse]

Why would you wait for the interview? They won?t approve the petition anyway because you will be separated.

They're not legally separated, though.

[akra86]

The only reason for her to stay until the interview is friends, family, and try to make some money. She knows she has to leave I am NOT going to lie to the officer, I will tell them we tried to keep it together but we couldnt. I just wanted to ask for advice from here and make sure Im not breaking the law in any way? Its a one off question.

Correct we are not legally seperated. I honestly dont even have the money to get a divorce now even if I wanted to!

[UScitizenFilingforspouse]

I do not fully understand all the specifics of your situation. We only know the little information you have provided. My question to you is - what is the purpose of waiting until the interview? That does not make sense, at all. The officer is not going to say - oh, sure, well, let's give her the green card anyhow.

The situation could easily snow ball. So if this is a true marriage, you're better off either ending the marriage and withdrawing the petition OR you two can set your differences aside and work things out. If you choose the latter, then this thread might help you prepare your evidence for the interview. https://www.immihelp.com/forum/showt...794#post583794

[akra86]

I do not fully understand all the specifics of your situation. We only know the little information you have provided. My question to you is - what is the purpose of waiting until the interview? That does not make sense, at all. The officer is not going to say - oh, sure, well, let's give her the green card anyhow.

The situation could easily snow ball. So if this is a true marriage, you're better off either ending the marriage and withdrawing the petition OR you two can set your differences aside and work things out. If you choose the latter, then this thread might help you prepare your evidence for the interview. https://www.immihelp.com/forum/showt...794#post583794

Here is the full rundown. We really did love each other when we first met. (February). we got married in May, and filed papers in June. things already started to get rough in late july, but we stuck with it. In August, we seperated and later in the month decided it would be best for both of us to both break up, just were not getting along no matter what we tried. It was an honest mistake to get married this early on. Now, her sisters live here as well, and they all asked me if I can at least postpone the divorce until the interview, so she can stay here for the next 6 months and try to make money for when she goes back to her home country (Venezuela or Holland). The plan is, at the interview, we will tell them the whole situation of what happened, and tell them we will not stay together. Obviously at that point there will be deporation proceedings and so on, but she wants to at least stay in the US for the time being, and not get deported early. I just want to make sure this is not an issue, I don't see why it would be, technically we are still married, I just want to make sure there wont be any reprocussions for me by doing it this way (doing her a favor) versus getting the divorce done NOW and withdrawing from the application. I am not trying to break any laws, just seeking honest opinions and advice.

[WaitedLongEnough]

Here is the full rundown. We really did love each other when we first met. (February). we got married in May, and filed papers in June. things already started to get rough in late july, but we stuck with it. In August, we seperated and later in the month decided it would be best for both of us to both break up, just were not getting along no matter what we tried. It was an honest mistake to get married this early on. Now, her sisters live here as well, and they all asked me if I can at least postpone the divorce until the interview, so she can stay here for the next 6 months and try to make money for when she goes back to her home country (Venezuela or Holland). The plan is, at the interview, we will tell them the whole situation of what happened, and tell them we will not stay together. Obviously at that point there will be deporation proceedings and so on, but she wants to at least stay in the US for the time being, and not get deported early. I just want to make sure this is not an issue, I don't see why it would be, technically we are still married, I just want to make sure there wont be any reprocussions for me by doing it this way (doing her a favor) versus getting the divorce done NOW and withdrawing from the application. I am not trying to break any laws, just seeking honest opinions and advice.

I hear you and all but WHY WOULD YOU WANT HER TO GET DEPORTED PERIOD ? If you have already committed yourself thus far why would you not just allow her to receive the benefits - not just for the next 6 months but until she is okay enough to not need you anymore , have US Citizenship and then you can fly free? You seem very selfish and spiteful. Also, with all that I mentioned you?re less likely to face penalties if you get to the end of her adjustment journey rather than going to the interview to tell them that you guys didn?t work out. That seems fishy and financially motivated- YOU CAN FACE PENALTIES TOO! Go to the end of her adjustment journey or end it now. Good luck

[akra86]

I am not being spiteful or selfish. Would you choose to be with someone you realize you are actually very unhappy with? Sounds crazy but it happened. She has no problem going back, we are friends.

[UScitizenFilingforspouse]

I am not being spiteful or selfish. Would you choose to be with someone you realize you are actually very unhappy with? Sounds crazy but it happened. She has no problem going back, we are friends.

It still makes no sense to go to the interview to tell them that you guys didn't work out. You keep saying there will be deportation proceedings. It does not quite work like that. Why would she want to go to the interview and have the case denied and then what?
Like I said - they're not going to say "oh, sure, here have your green card. You two are friends so it's fine"

[cali2018]

Funny OP. To start you are not a good guy, go tell your parents/friends no one on here thinks or will think you are a good guy. We know the sacrifices, the risks, the pain of this process. Likewise your current wife is not the best person either. You both made totally immature decisions based on circumstances at the time.

Unfortunately your current wife sacrificed a lot more and very likely has a visa overstay (i assume and a ban coming her way
). You have given her a very tough lesson in life but totally screwed over her situation every way possible. The fact you think anyone including a super busy USCIS officer has time to hear you try to make yourself feel better and are a good person is beyond ridiculous. The officer will stop the interview, refuse you on the spot and very likely then consider fully investigating you. Any officer will see your i864 is not withdrawn and consider it you using leverage against your spouse if not a bribe.

Again, you cannot afford a divorce? Sure hope her lawyer makes you pay for her flights home and other costs, or she makes her sister collect the money from you here once shes banned.

[cali2018]

I hear you and all but WHY WOULD YOU WANT HER TO GET DEPORTED PERIOD ? If you have already committed yourself thus far why would you not just allow her to receive the benefits - not just for the next 6 months but until she is okay enough to not need you anymore , have US Citizenship and then you can fly free? You seem very selfish and spiteful. Also, with all that I mentioned you?re less likely to face penalties if you get to the end of her adjustment journey rather than going to the interview to tell them that you guys didn?t work out. That seems fishy and financially motivated- YOU CAN FACE PENALTIES TOO! Go to the end of her adjustment journey or end it now. Good luck

That would be 3 years plus of a fraud sham marriage. OP would actually be on the hook for much more expensive divorce as well. No one here should condone fraud or idea of it, also it is far from an adult decision.

An adult, withdraws the i864 today and files for divorce. Understanding it will cost them money and very likely a loan from their prents or a bank to settle the short marriage with their wife. An adult spends next two years of their lives paying off that loan and next time understands life lessons. The wife as an adult would understand they will need to find their own path in immigration and if overstayed a past visa to deal with potential bans. As well find what is a reasonable amount of funds to start over in their next country.

Again any lawyer is going to tell the wife and her family this. As well heck maybe in a month she goes nuclear and a lawyer and family say goto a shelter and do VAWA. Longer this sham goes it opens both sides to risks.

[Dandelion]

Just a thought

Funny OP. To start you are not a good guy, go tell your parents/friends no one on here thinks or will think you are a good guy. We know the sacrifices, the risks, the pain of this process. Likewise your current wife is not the best person either. You both made totally immature decisions based on circumstances at the time.

Cali, this forum only works if it can serve as a safe space for questions and answers without jumping to accusations. It takes a lot of courage for folks to be so open about difficult, complicated, and worrisome immigration topics. Calling folks? good nature into question will discourage others from reaching out to ask for guidance and support.

TL;DR: let?s keep our community honest but respectful.

[WaitedLongEnough]

That would be 3 years plus of a fraud sham marriage. OP would actually be on the hook for much more expensive divorce as well. No one here should condone fraud or idea of it, also it is far from an adult decision.

An adult, withdraws the i864 today and files for divorce. Understanding it will cost them money and very likely a loan from their prents or a bank to settle the short marriage with their wife. An adult spends next two years of their lives paying off that loan and next time understands life lessons. The wife as an adult would understand they will need to find their own path in immigration and if overstayed a past visa to deal with potential bans. As well find what is a reasonable amount of funds to start over in their next country.

Again any lawyer is going to tell the wife and her family this. As well heck maybe in a month she goes nuclear and a lawyer and family say goto a shelter and do VAWA. Longer this sham goes it opens both sides to risks.

I wonder what was your circumstances bringing you to this forum because you are expressing views as a privilege American Citizen. If I were that woman, I would hope and pray that my USC husband would do me the favor ! Don?t act like people don?t **** marriage for immigration every day. And those are the people who goes through less stress than the people like ME who are in a bonafide marriage and adjusting. I am by no means supporting getting married fraudulently for immigration benefits but Cali , wear the shoes of this woman. PLEASE