Urgent - marriage green card approved but US husband does not want wife to come to US

[ms007]

My sister is in India. A US citizen groom (India born, naturalized in US) visited India last year, and my sister married him. it is a legal, hindu marriage. Husband sent all the papers to Indian embassy and he also came to India for my sister's green card interview. My sister got her approval papers in October 2012. Suddenly and strangely her husband left for US on Nov. 25th without my sister (he lives in Illinois state). He called her and said he does not care much and he does not like her. My sister is still in India with the papers. What can she do now? Can she come to the US with her papers and file a complaint of abuse or some kind of shelter? Many thanks in advance,

[mtouch]

My sister is in India. A US citizen groom (India born, naturalized in US) visited India last year, and my sister married him. it is a legal, hindu marriage. Husband sent all the papers to Indian embassy and he also came to India for my sister's green card interview. My sister got her approval papers in October 2012. Suddenly and strangely her husband left for US on Nov. 25th without my sister (he lives in Illinois state). He called her and said he does not care much and he does not like her. My sister is still in India with the papers. What can she do now? Can she come to the US with her papers and file a complaint of abuse or some kind of shelter? Many thanks in advance,

Your sister can go to US with the visa issued to her. But where is she going to stay? Is the husband the only reason why she wants to go to the US ?

[dhira_98]

The other important thing is her green card status. If she enters US within 2 years after her marriage, she will get conditional green card. If she enters after 2 years of marriage she will be issued Permanent Green Card. If she gets conditional green card she will have to go through another hassle to get permanent GC after conditional GC expires. What is the date of marriage and When Visa will expire??

[ms007]

more info.

Additional information:

Thank you all for the answers, truly appreciate as the family is shocked with the behavior of the husband. Meanwhile, I have some more info. and questions.

- They got married just a year ago, and she got the visa papers in Oct. 2012 (two months ago).
- She can stay in NJ with other relatives.

1. Can she arrive in the US even her husband says (on phone) not to come?
2. Should she come to Chicago. IL and go to husband's house, or can go to relatives (in NJ) first?
3. if the husband denies to stay together, isn't there a law to protect my sister's rights? After all our he signed affidavit of support for my his wife.
4. Once she arrives, should see a lawyer in IL only or can stay with the relatives in NJ and can go to a lawyer there (or any of you).

Again, your answers are blessings to us as we do not know much about US laws. Thank you all, and god bless you.

Of course, we are considering to contact lawyers but we want to get some basic understanding.

[mtouch]

The reason why I asked "Is the husband the only reason why she wants to go to the US ? " is because she can actually opt not to go to US unless her goal in life is the American dream. If her immediate family is in India then why not stay in India? Since they've been married less than 2 years she will get conditional GC when she lands in US. After this GC expires she has to apply for removal of condition. Search the internet for the details.

The real question is does she want to continue with the marriage ? Because she can actually divorce the husband if that's what she wants. It's easier than going to court. Proving abuse is difficult unless there is really physical or mental abuse. She can still apply for removal of condition even if already divorced as long as the marriage was entered in good faith.

[dhira_98]

1. Yes, She can come to US on any day before her visa Expires.
2. You should consult a lawyer about this.
3. What rights? As an adult, she is free to do anything. Highly likely that She will not receive any financial support from her Husband. Signing the affidavit does not mean he is responsible for supporting her for next 10 Years. It means that she can not become public burden for next 10 years, her husband may have to pay if she does that. Also keep in mind that if she becomes public burden, then It will become very difficult for her to get permanent green card after two years. If she can not support herself financially and becomes public burden , then Most likely she will be deported after her Conditional GC expires.
4. Lawyer for what? Immigration or Divorce. If she lives in NJ, she will have to file for divorce in NJ Court. If she lives in IL she will have to file for IL court.


Again, It will be very helpful if she comes to US after 2 years of her marriage (hope her visa does not expire by then), Other wise she will get 2 Year conditional Green Card. Base on the facts you have mentioned here, It will be EXTREMELY DIFFICULT for her to get the Condition Removed. She will be Deported if the condition is not removed. One of my friend is going through this misery. His case was rejected by the Immigration and He is fighting against his deportation in the Immigration Court. It is costing him thousands of dollars and lots of pain and suffering. So TRY TO AVOID THIS AT ANY COST.

Thank
Davinder

Additional information:

Thank you all for the answers, truly appreciate as the family is shocked with the behavior of the husband. Meanwhile, I have some more info. and questions.

- They got married just a year ago, and she got the visa papers in Oct. 2012 (two months ago).
- She can stay in NJ with other relatives.

1. Can she arrive in the US even her husband says (on phone) not to come?
2. Should she come to Chicago. IL and go to husband's house, or can go to relatives (in NJ) first?
3. if the husband denies to stay together, isn't there a law to protect my sister's rights? After all our he signed affidavit of support for my his wife.
4. Once she arrives, should see a lawyer in IL only or can stay with the relatives in NJ and can go to a lawyer there (or any of you).

Again, your answers are blessings to us as we do not know much about US laws. Thank you all, and god bless you.

Of course, we are considering to contact lawyers but we want to get some basic understanding.

[aaydrian]

My sister is in India. A US citizen groom (India born, naturalized in US) visitl
ed India last year, and my sister married him. it is a legal, hindu marriage. Husband sent all the papers to Indian embassy and he also came to India for my sister's green card interview. My sister got her approval papers in October 2012. Suddenly and strangely her husband left for US on Nov. 25th without my sister (he lives in Illinois state). He called her and said he does not care much and he does not like her. My sister is still in India with the papers. What can she do now? Can she come to the US with her papers and file a complaint of abuse or some kind of shelter? Many thanks in advance,

What you're asking requires A LOT of writing so you'll have to GOOGLE and read yourself. What you're going read up on is the difference between IR-1& CR-1 visas, Removal of Conditions, US immigration fraud and the penalties and Affidavit of Support.

Why would your sister want to or you guys think it makes sense that she should leave India to go to America and claim 'abuse' when nobody didn't do anything to her physically or mentally? Divorcing someone is not abuse. You need to understand something, America isn't India. If your sister's husband wants to marry your sister and leave her he can. He can't be forced to stay in his marriage to your sister. Don't be surprised if your brother in law has successfully and legally divorced your sister without her knowledge. It can happen and it does happen.

The affidavit of support has nothing to do with their marriage. Those papers you brother in law signed is a contract between him and the US government. What it does is hold your sister's husband responsible for reimbursing the government if his wife uses means tested benefits eg Medicaid & Food stamps. The contract is valid even if your BIL divorces his wife before she becomes a US citizen.

If your sister really didn't marry for a greencard, why would she want to go to the US considering how her marriage has broken down?

[ms007]

Thanks Davinder.

A few clarifications:


[QUOTE=dhira_98;288634]
3. What rights? ... Signing the affidavit does not mean he is responsible for supporting her for next 10 Years.

--- Lot of people misunderstand Affidavit of Support and its impact. I found a few lawyer sites mentioning these type of cases. For example, see here:

The Sponsor’s Obligations:
--------------------------
The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support.
...
The sponsor’s responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States.

A sponsor in a marriage-based case remains legally obligated even after a divorce.
============================================================ ==========

Again, It will be very helpful if she comes to US after 2 years of her marriage (hope her visa does not expire by then), Other wise she will get 2 Year conditional Green Card.

- I think the initial visa is good for 6 months, and you need to enter US during that time, so she cannot stay outside for 2 years.

[ms007]

Why would your sister want to or you guys think it makes sense that she should leave India to go to America and claim 'abuse' when nobody didn't do anything to her physically or mentally? Divorcing someone is not abuse.

If your sister really didn't marry for a greencard, why would she want to go to the US considering how her marriage has broken down?

- Basically, our only brother is getting H-1, and we decided she can also now settle there as there is no one in India to take care of her. The abuse part is, she was verbally abused over the phone by her husband. I don't have all the details, but she was in tears after the phone calls. Whether it is mentally abuse or not is a question, and agreed divorce is not an abuse. In India, marriage is no joke, and it is better if she goes to US and finds another person as she prefers to live in US as a divorcee than to live in India due to social reasons.

The affidavit of support has nothing to do with their marriage. ...

See my reply to Davinder. Basically, I-864 is no joke either, even after divorce, and the person should be taught a lesson that playing with someone's life is not as easy as filing a divorce and be done with it.

Thanks again,

- - - Updated - - -

Someone sponsored for family based greencard, and it is approved for six moths (papers are with the sponsored now).

If the applicant has not entered the US yet, can the sponsor go to the embassy or whatever, and ask for a cancellation of the green card during those six months for some crazy reasons - divorce or any other made up reason?

Thanks,

[dhira_98]

I don't understand what are you trying to achieve? Do you understand difference between PUBLIC BURDEN and Spouse's Support? Here in this thread, We are trying to help your sister and trying to tell you about the problems she will face once she arrives in the USA.
Government does not have time & Money to go after I-864 violators. Do you know how expensive it is for the government to enforce it. Your sister may not have the money to go after this guy either. Here is rule of thumb.
If she can not support herself and becomes public burden, She will not be granted PERMANENT GREEN CARD. She will be kicked out of this country after TWO YEARS.


If I were you I would try hard to extend her VISA so that she enters USA after 2 Years of her marriage. And you should be very thankful to your EX brother-in-law for not leaving your sister halfway through the process.

By the way, if you want to teach him a lesson, Hire an expensive lawyer and get off from this forum.

[ms007]

By the way, if you want to teach him a lesson, Hire an expensive lawyer and get off from this forum.

Dhira,

Slow down, I didn't expect to get such a reply from a "senior" member - unless you are older than 65, or you were not taught the proper behavior at school or at home!

And I truly don't hope your sister gets screwed up by some crook, but if that happens, you will know how will you reach out to all the possible avenues.

All the best to you,

[dhira_98]

All I am trying to tell you is FORGET THE PAST, FOCUS on problems your sister will face in the very near future. May be someday you will realize what I am talking about.

[aaydrian]

The affidavit of support is a contract between your BROTHER IN LAW and the US GOVERNMENT. If your sister becomes divorced while in America, the affidavit CANNOT force your brother in law (BIL) to pay any money to his ex wife. If she wants money or assets from her husband she'll have to make it a requirement in divorce court or in her divorce papers.

Cursing at someone over the phone is verbal abuse but you can't win much compassion with that. Even if your sister bawls her eyes out nobody really cares. The only thing that is important is physically assaulting or mentally berating someone neither of which has happened to your sister.

If you're suggesting that your sister, knowing her husband wants to leave her, is going to go to America so she isn't a social outcast is IMMIGRATION FRAUD. Penalties include deportation BACK to India where she will still be an outcast and would never be able to enter the US...EVER!!!

That said, what your sister or her family should attempt is finding out why your BIL doesn't want to be with his wife anymore and if and what can be done to fix it. If your BIL refuses to be with your sister and divorces her very soon or before she enters the US then she'll be in SERIOUS problems. If you sister is divorced before she enters America then she will be deported because she will need to remove conditions (the divorce certificate would show she was no longer qualified for a spousal visa when she entered). Once you have a 2 yrs greencard you MUST remove conditions or you WILL be up for deportation. To remove conditions your sister needs to:

1) Prove that she is still married and produce evidence that proves they live as man and wife. Evidence can include utilities, lease/rent or bank accounts in both your sister's and your BIL's name, insurance with the husband and wife being the beneficiary of each others insurance, both MUST essentially have the same address etc. If your BIL won't allow your sister anywhere near him or have anything to do with her how will she get this evidence?

OR

2) Get divorced after she comes to America, submit a waiver that says she's removing conditions based on a divorce from a marriage she says was real. Now your sister MUST submit evidence that proves she was living as man and wife before her divorce. This evidence can include utilities, lease/rent or bank accounts in both their names, the husband and wife being the beneficiary of each others insurance, both MUST essentially have the same address while they were married. How will your sister get this evidence if your BIL wants NOTHING to do with her?

[ms007]

aaydrian

Thank you for all the details and very logical answers. Especially, point #2. I will check with the lawyers on that.