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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
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Hello, I am a US citizen that married a woman in China in December

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Hello, I am a US citizen that married a woman in China in December 2011. Since then, we went through the immigration process until she arrived this past May with a 2 year conditional marriage visa. Last week she removed her belongings and moved to a different home. Is there any recourse for me to take to have her deported?

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Please know that I always do my best to help customers come up with a good solution, but from time to time, the law does not provide a good solution to every situation. Unfortunately, I cannot change that. I am only here as an information source, so please do not hold bad news against me by giving me a negative rating.

 

No, not really. About all you can do is contact the USCIS and ICE (Immigration and Customs Enforcement) and file a report of suspected activity. Here, you can file a report of suspicious activity with ICE: http://www.ice.gov/exec/forms/hsi-tips/tips.asp.

 

You can do so for marriage/benefits fraud, however it will require that you have actual proof that she committed a fraud. This would be the only way you can get her deported.


Note, however, that 1 year and 9 months after she entered the US, she will be required to file form I-751, Application for Removal of Conditions. She is required to file that jointly with you, unless she has been divorced, and can show that she entered into the marriage in good faith. That might be hard to do, when the USCIS and ICE have a record that indicates possible marriage fraud.

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