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I sponsored a K-1 visa with AOS for current wife. We've been going thru divorce currently and we recently submitted joint I-751. I know I can submit a withdrawal. My question is her individually submitting I-751 and USCIS's consideration of the waiver. I feel I've been tricked into marrying & that she had no real intent on maintaining our marriage. I can see looking back on 2.5 years we've been together that her plan was to 1) come to the US to gain permanent residence and 2) have her own happy life with me or not. When I married my wife, I was a single father of 2 with primary custody of daughter 17 and son 12. We were a very happy family. I married to share love and also have a motherly figure for my kids. About 6 months into the marriage, she began complaining about how my daughter was irresponsible and threatened divorce unless I kicked her out when she was 18. I ultimately complied. Now she is doing the same for my son who is now 14. Give him up or divorce. Fraud?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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If you have been together for 2 1/2 years, it would be very difficult to say that she has committed fraud in marrying you. It is clear from your question that she is residing with you. Her conditions of giving you an ultimatum on your daughter and now your son are not indications of fraud. Under the situation that you describe, your wife may very well be able to obtain a waiver on the basis that she has had a bona fide marriage prior to a divorce.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 15th, 2014 at 9:18 PM