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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94817
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My Husband and I were married for 3 years and 3 months before

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My Husband and I were married for 3 years and 3 months before we got our interview appt (8/2013). His expires in ten years. Well now he has the green card, for just a couple of weeks and he wants to divorce. I was on workers comp and unable to work, so he is just tossing me out. Can he keep his green card seeing now that he was lying to me all this time?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


You mean you filed an I-751 to remove the conditions, got an interview, and passed, he got his 10 year green card and now wants a divorce?

What other evidence do you have that he only married you for the green card?
Customer: replied 10 months ago.

Dear Mr. Senmartin,


No, we didn't file an I-751, I am thinking he got the ten year Green Card because he arrived in the US in 12/2009, we married in 6/2010, since they lost his file and it took more than 3 years after our marriage date to get the interview. But he did get the 10 year green card it expires in 10/2013.


There were many things in our marriage that made me think he may have married me for a green card, but he continued to say it wasn't true. I never felt that he loved me, as in the love I have felt from every other relationship I have had in the past.


Now he is saying he wants to help me financially to get a place, as I hurt my back a year ago and am unable to work and have no income. My son just moved back to CA and is staying with us. Now my Husband pushed me off to my 22 y.o. son, who said he would get a place and help me.


I can't trust my husband to hold up any financial agreements, since it is apparent he has shammed his way through the entire marriage. Things that he did that made me question him were, 99% of the time we didn't sleep in the same bed, he preferred to sleep on the floor on a thin mat. He wanted sex all the time, but it was only about him, three mins and he was done (he said he didn't have much sexual experience before me since it was not socially/religiously acceptable for sex before marriage). Earlier in the year he told me he didn't want to marry me in the Church, because this meant a "forever marriage." There's lots of little stuff like that, no cards, or presents during holidays...I could go on. I mean he has worked and provided when I wasn't working but even after I hurt myself I had workers comp, and I still "pay" for my own things.


I hope this gives you enough info.


Thanks


Alicia

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
So you were married for more than 2 years at the time of the interview?
Customer: replied 10 months ago.

Yes, married on 6/21/2010, interview in 9/2013, green card received 10/2013.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Then that is why he got the 10 year card. And yes, it looks very strange that he suddenly wants to divorce right after he gets his green card. The problem is that you will need strong evidence against him. Why? Because the penalties are so harsh that USCIS and ICE are not going to impose them if it just looks like it was a marriage that fell apart and one spouse wants vengeance against the other. Imagine that it was the other way around, that he was the U.S. Citizen and you were the Resident and you were in love with him but he wasn't in love with you and just wanted a divorce and wanted to get rid of you and he accused you of marriage fraud. You wouldn't want to be deported permanently just because of his statements against you. So for those reasons and others, the evidence against your husband has to be strong. You will need witnesses, and things you can prove not by just with what you say. It looks very bad that he is asking you for a divorce now. You should help him start the process immediately because the closer to the date of approval he files, the worse it will look for him. Just don't tell him what you are doing.

18 U.S.C. § 1325(c), provides a penalty of up to five years imprisonment and up to $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws."

So that is one criminal penalty. The immigration penalty is PERMANENT deportation. That means even if he married a U.S. Citizen for real this time, even if he had U.S. Citizen children, none of that would ever help him.

You can report marriage fraud in three different ways:

1) You can go to http://www.ice.gov/exec/forms/hsi-tips/tips.asp and file the report there.

2) You can call the ICE hotline at 1-(866)(NNN) NNN-NNNN

3) You can contact the local USCIS field office by going to http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=050d6c94d87c6210VgnVCM100000082ca60aRCRD&vgnextchannel=050d6c94d87c6210VgnVCM100000082ca60aRCRD

You should have evidence of the marriage fraud handy in case they want to ask you questions or have you send evidence into them.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 10 months ago.

Well, just the fact that he hasn't even had his card for a month should show something. I have several close friends and family who have known the things I have gone through. He continues to say he loves me, and he will help me, but sorry, marriage is forever...or at least you attempt to be a husband and work out any issues. I realize this is serious, but if you get a green card via marriage, then you need to be married, you don't get a green card and a couple of weeks after that say you want a divorce. Right??? I know I am asking for more of a personal answer than a legal one, but how can this look good?

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Yes. That is correct, but you cannot really on ONLY that. You have to have other evidence and I think you know why. It doesn't look good, but you need more. So gather as much as you can, help him file for divorce quickly so it looks really really bad, and then report him and provide as much evidence against him as you can. Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94817
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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