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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107950
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I applied for my spouse's card after 2 years of marriage and

Customer Question

Hi,
I applied for my spouse's green card after 2 years of marriage and soon after he got it, he started treating me bad and tried to frame me multiple times in domestic violence in US. Unable to stay I filed for divorce. Marriage took place in Nov 2012, he got IR1 green card Aug 2015. I filed for divorce Aug 2016. What can I do to let the USCIS know this was all to get the green card?
Please help with wordings of letter.
Thank you
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Sometimes marriages just fall apart. What specific evidence do you have that he only married you for the green card?

Customer: replied 5 months ago.
Multiple:
I first filed gc for him 2 months after marriage,but doubting his intentions i revoked it and moved to India with him. He was not happy about it.
He knew the only reason i would be back in US was if I would get pregnant as I trust medical system in US more. He forced me to get pregnant and then thretened me (indirectly) that if i did not apply for his gc He would tear my passport. As I wanted to make it work and thinking that this is something he really wants I reapplied for his gc. As soon as he got it and stepped in US, his behavious changed and he would not care for me (during pregnancy) and did not even take me to the hospital when at 25 weeks I had to get operated. His illtreatement is the only proof i have and no paper or specific evidence.
I want to write to USCIS to report this. What wording do I use?
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

There is no specific wording. You just write about what happened, what you witnessed, etc., I would also include statements from other witnesses to the treatment. If you can get a hold of any recordings, emails, chats, etc. where he might talk about things that prove he was only with you for the green card, that would certainly help. You can report this by contacting the local USCIS field office by going to http://www.uscis.gov/about-us/find-uscis-office/field-offices

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

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 and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 5 months ago.
Is there any other way of filing the complaint? Can I send a letter/email? If I don't have much written evidence (like letter,chat,etc), would they not do anything about this?
What is it that they can do at this point regarding the I864 affidavid of support I had filed. My goal is to take my name off the support from my soon to be ex husband so I am not financially responsible for his actions in US. How can I safegaurd that? Which form do I fill for that?Thank you
Deepali
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

You can send in a letter, yes. As to whether or not they will do anything about it, that depends on what you have. Many marriages just fall apart and some of those, the U.S. Citizen spouses want to get back at the immigrant spouse any way they can including alleging that the marriage was false. So to avoid them thinking that you just want revenge, you would need some good hard evidence. I know this may not be what you want to hear, but as I asked before, please do not shoot the messenger. The more evidence you have, the more chance that they will do something about it. Also, they may wait until he either travels or applies for someone, or applies for U.S. Citizenship.

As far as the Affidavit of Support, divorce does not release you from liability. You are released when one of the following happens:

1) He works 10 years in the U.S. paying U.S. taxes. If he stops at 9.9 years and never works again, you are stuck.

2) He becomes a U.S. Citizen.

3) He loses Residency for some reason:

a) Being outside of the U.S. for too long.

b) He obtained it through fraud.

c) He commits a serious enough crime.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello Polly. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 5 months ago.
Thanks for the email. Sorry about the delay as it was Thanksgiving.
Would there be any way sending email writing about incidents and not having hard evidence be counteracting on me? As in would the USCIS blame me in anyway or will I be in any trouble if I report this?
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Not a problem, just please do not forget that positive rating. It is very important and I will explain why in a moment.

Yes, you can make the report with everything that you have. Not having enough evidence will not cause you any issues with USCIS other than perhaps in the future, if you apply for another U.S. Citizen, they may scrutinize the case a little more than normal.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello Polly. I'm just following up with you a second time to see how everything is going. Did my answer help since you haven't told me or the website if you are satisfied with my service to you? Please let me know. Thank you!

Customer: replied 4 months ago.
Hi,
I have a couple of things still unanswered. I apologize for not responding earlier.
1. Is there an email address I could send this letter online to the USCIS? Please provide me that email address.
2. Would it be absolutely required for me to talk to the officer over phone?
3. Is there anything I could do to change the affidavid of support so I am not the sponsor post divorce? (I know you have answer part of this earlier- i want to be able to remove my name and not have it associated with him)
Thanks again
Customer: replied 4 months ago.
Email address needed for USCIS to report and postal address to send a physical letter.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello Polly. Thank you for responding. I ask that you please not ignore my requests for a positive rating. At least tell me, "Don't worry, I will leave a positive rating, I just still have a few more questions." That's fine, it would make me feel better even though I have explained that your session does NOT close after you leave a positive rating. You can still ask additional questions without additional charge.

1) There is no direct email you can use, but you could try ICE here:

https://www.ice.gov/webform/hsi-tip-form

The issue is that ICE usually won't do much unless it is a marriage fraud ring involving many people. USCIS is the better option but they don't have a direct email for reports. Sorry.

2) Not necessarily. You can mail in all your evidence do the local office.

3) Unfortunately, no. Divorce does not terminate the responsibility, but that he loses the green card would.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 4 months ago.
Sure. Did not mean to ignore. I thought it was like a disclaimer sort at the end of each email. I will provide positive rating, just have a few more questions. I will send over soon. Thanks!
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok. Let me know. Just please don't forget. It's the only way the website will compensate me. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello Polly. It has been a few days now. What are your additional questions?