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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28208
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Oddo is my name. I married a chinese national. years our

Customer Question

Oddo is my name. I married a chinese national. For two years our life was good as soon as she got her ten year card she left for the US.she told me it was her dream to live in the US and she was not moving back with. We have achild which by now i have figured out she wanted becaus eit insured her staying here weather we stay together or not. She abandons my son with her mother who is here on a visitors visa for weeks to make her runs around the midwest to collect money from her businesses which i question are legitamite. I have pleaded with her to we have been married for four years which from reading articles seems to be the limit for these people. I truly believe she married me to get to the US. what should i do
JA: Thanks. Can you give me any more details about your issue?
Customer: My issue sis that now that she has her ten year card she has no interest in maintaining a relatiinship with me. She sends my son to china so she does not have to tel care of him
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Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Did you and she have a joint interview for her 10 year card?

How long were you married?

Did she have to wait in China for her immigrant visa or was she in the US and adjust her status to the 2 year card?

Judith

Customer: replied 9 months ago.
Ok so i have been asking my wife to return to saipan which is where i live. She said no that she would not ever move back. I told her that a marriage is two people who love each other and work togther for a common goal. She will not compromise with me on anything she feels that she should be able to be married and free to not consider my feelings on things. We ahve a joint bank account but i do bot put that much money in it because i do not trust her any longer. She has about six accounts of her own. We have no common friends. We really do not do anything together she is always working or figurung a way to get off from me. We do not live together we had an apartment in our names but again i think that was for show. I sne dher countless emails pleading with her but she is only concerned for her self. My son has been sent to china because she does not want to take care of him because he interferes with her life
Customer: replied 9 months ago.
No interveiw was given uscis just mailed her the card
Customer: replied 9 months ago.
She was a migrant worker in saipan. We got married there it is a terretory of the US
Expert:  Judith replied 9 months ago.

How long were you married?

Are you still living in Saipan and she is living on the US Mainland?

Judith

Customer: replied 9 months ago.
We are still married. Been married four years
My hom eis saipan presently i am in saudi working. She lives some where in the US mainland
Expert:  Judith replied 9 months ago.

So you are send to work in Saudi and not physically present in Saipan?

And while you are living and working in Saudi you say she has gone to the mainland?

Judith

Customer: replied 9 months ago.
No she went to the us before i went to saudi
Customer: replied 9 months ago.
I travel alot in connection with my job
Expert:  Judith replied 9 months ago.

You can write to the USCIS and tell them you believe she has committed fraud and married you just for the green card but you will have a difficult time proving that.

The problem I see is that you are not living in the US or Saipan but took a job in Saudi where she could not go or she could loose her status.

So since you are not living in the US or Saipan, she cannot live with you so it is not unreasonable for her to travel and live in the US mainland while you have left her and Saipan to work in Saudi.

USCIS will not see her as abandoning you because as you say you travel a lot for your work and were absent from her often while she lived in Saipan and then you accepted work in Saudi. She traveled to the Mainland because you were not living with her or were intending to take work in Saudi.

I don't think USCIS will consider her move to the US mainland as abandonment because you traveled for work as you say "alot" and were applying for work in Saudi. They will say you left her because you left the US territory to work in Saudi so she is not doing anything wrong going to the mainland. You are not in Saipan to live with her. I don't think the USCIS will say she had to stay in Saipan while you were constantly traveling and then applying for work in Saudi and were leaving Saipan and were not living with her.

You can try to claim fraud but you will need some solid evidence where she wrote you an email or text and said she only married you for the green card. Otherwise, it appears like a natural breakdown of a marriage because of your absence from Saipan on frequent business trips and seeking work in Saudi. There is no obligation for her to remain in Saipan if you are not living and working there.

I know this is not what you want to hear but she has not left you. You took work outside the US while she has remained living here.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 9 months ago.
She left before i took the job in saudi. I travel alot but am home in saipan 75 percent of year
Customer: replied 9 months ago.
I dont have an email telling me she martied me for a green card but i do have an email telling me to go find someone else.
Customer: replied 9 months ago.
While i was on saipan.as afr as abandonment thats not issue the issue is her total disregard for a marriage.
Customer: replied 9 months ago.
from what i gather if i decided to live in texas and she decided to live in iowa then thats ok for USCIS. That she would not compromise so we could live together has nothing to do with it.
Expert:  Judith replied 9 months ago.

So from what i gather if i decided to live in texas and she decided to live in iowa then thats ok for USCIS. That she would not compromise so we could live together has nothing to do with it.

I cannot say that neither of you need to compromise but USCIS will take into consideration that you are working abroad and not find it wrong for her to live in the mainland while you are in Saudi.

And normally one applies for jobs and the don't just happen overnight. A visa has to be arranged for you to go to Saudi once you are offered a job and accept.

So USCIS would look into whether you had been seeking work abroad at the time she decided to come to the mainland since you were looking to leave Saipan your self.

Absent evidence of fraud, it looks like this marriage broke down for reasons that many breakdown.

It is not that I don't believe you suspicions of her marrying and having a baby to secure her status. But suspicion alone is not enough. Especially after the 10 year card is issued. You and she had to provide evidence of building a life together.

Read this case and the judge talks about the burden of proving a good faith marriage. The petition shows things were fine up to then and you looking for the job in Saudi.

http://caselaw.findlaw.com/us-1st-circuit/1725708.html

In this case the judge discusses the lack of a good faith marriage because of no proof. If you and your spouse had evidence of comingling of assets and liabilities, plus the child, you have a very difficult proving the fraud.

Judith