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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 425
Experience:  Managing Attorney at a Law Firm
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I am in H1 visa. my husband was in india and came here in H4

Customer Question

Hi.. i am in H1 visa. my husband was in india and came here in H4 and we applied for his H1. he got his H1 and has been harrasing me for mutual divorce. he is living apart for one year. I have a child with him who is one year old. For past 2 months, he has been talking to all escorts and porn girls and he told me once in anger that he is planning to divorce me and marry a US citizen and get green card in 6 months. he literally used me for getting into H1 and now divorcing me. can i file a marriage fraud case against him.
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: i am in h1 and my gc is in progress.. 140 approved
JA: Have you talked to a lawyer yet?
Customer: i did consult with couple of them about divorce but i did not get any positive statement from them regarding the marriage fraud case
JA: OK. Got it. The Immigration Lawyer is ready to discuss your question in more detail after you submit a fully-refundable {price} deposit. Anything else you want him to know?
Customer: not unless he has questions
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 3 months ago.

Good evening, I am an Immigration attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. Please allow me just a few minutes to prepare some information for you, thank you!

Customer: replied 3 months ago.
Hi.. i am in H1 visa. my husband was in india and came here in H4 and we applied for his H1. he got his H1 and has been harrasing me for mutual divorce. he is living apart for one year. I have a child with him who is one year old. For past 2 months, he has been talking to all escorts and porn girlsand he told me once in anger that he is planning to divorce me and marry a US citizen and get green card in 6 months. he literally used me for getting into H1 and now divorcing me. can i file a marriage fraud case against him.
Expert:  Nisha Jones, Esq. replied 3 months ago.

Unfortunately I'm not sure that you will be able to necessarily prove the marriage fraud case against him. However, I do think that it's worth contacting USCIS and sharing with them any information relevant to why you think there was fraud. It will then be up to USCIS to investigate this further, and at least examine in depth any future green card application he might submit through his future wife.

Additionally, USCIS greatly frowns on marraige fraud, so it could alert them to any potential fraud issues in the future with the new marriage he's planning to enter into. My recommendation would be to submit your concerns to a USCIS employee so that they have this "flag" to look for in any future applications of his.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!

Customer: replied 3 months ago.
Hi.. what is Citation Payments ? does this have anything related to divorce
Expert:  Nisha Jones, Esq. replied 3 months ago.

Not that I'm aware of-- a citation payment would most likely be for a traffic or criminal citation.

Also, just a gentle reminder: Please kindly take a moment to rate me using the stars, as a positive rating is the only way the JustAnswer site compensates me for my time. It's free to rate me, and I can still answer any follow-up questions you might have, even after rating me. Thanks!

Expert:  Nisha Jones, Esq. replied 3 months ago.

I hope that helps, please let me know if you need anything clarifies. At this time, as I've answered all of your questions and concerns thus far, please also take a moment to rate me using the stars at the top of this page. This is the only way the site compensates me for my time, so please return the good faith of my answers by taking a moment to rate me at this time. We can still continue our conversation after. Thanks so much!

Expert:  Nisha Jones, Esq. replied 3 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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