How to determine immigration status of ex-wife after immigration/marriage fraud?
May 1, 2012 7:18 PM Subscribe
I, a U.S. citizen, married a foreign national some time ago and helped her obtain conditional permanent resident status as a result of the marriage. I subsequently discovered that she had no intent of engaging in a legitimate marital relationship with me and, instead, had married me for the sole purpose of becoming a permanent resident of the United States. Upon this discovery, I filed for an annulment but was instead granted a divorce (details inside).
My immigrant ex-wife will soon need to apply (via the I-751 process) to convert her "conditional" permanent resident status to "true" permanent resident status if she wishes to remain in the United States legally (which she does). I do not know whether she will be granted this status, but I would like to find out whether or not she does attain it. Does anyone have any ideas as to how I might find this out?
posted by anonymous to Human Relations (11 answers total) 16 users marked this as a favorite
Some time ago, I [a U.S. citizen] brought my fiancee to the United States on a K-1 visa. We married and she subsequently obtained two-year conditional permanent resident (i.e. green card) status. Shortly after she attained that status, I realized (somewhat belatedly) that she did not intend to engage in a legitimate marriage with me and had in fact married me for the sole purpose of obtaining a favorable immigration status to the United States.
I subsequently filed for an annulment based on fraudulent inducement to the marriage. Of the three elements of fraudulent inducement, the judge found that she had made false statements to me in order to induce me to marry her and that I had suffered damages as a result of relying on her false statements in agreeing to marry her, but that there was "insufficient reasonable reliance" on my part to grant the annulment. As a result, he granted us a divorce instead of the annulment, and included his judgment of the three elements in the divorce order.
("Insufficient reasonable reliance" means that although she lied to me to get me to marry her and I was damaged by believing and acting upon my belief in her lies, a "reasonable, prudent person" in a similar situation would probably not have believed her lies. In other words, I should have seen it coming. If this had been some type of business contract, I would agree with him. But I was in love and thus acted somewhat foolishly in believing that she wanted to marry me because she loved me and wanted to spend her life with me. In my defense, I will add that she was in the United States legally when we met, and we had known each other for like three years prior to marrying. But that's really neither here nor there.)
It has now been almost two years since she obtained her two-year green card, so the time is approaching when she will have to file an I-751 to lift the conditions of her conditional permanent residence status if she wishes to remain in the United States legally (which she does). I am no longer in contact with her, nor do I wish to be in contact with her, but I would like to know whether she is granted unconditional permanent resident status or not. (It seems unlikely that she would, given the wording of the divorce decree, but who knows with these things...)
I have done a little bit of research on the web and have not been able to discover a method for finding this out once the time comes. Perhaps the government considers it to be none of my business now that we are no longer married. Nevertheless, I would like to find out what the outcome is. Do any of you have any idea how I might find out?
For what it's worth, I am not going to take any action one way or the other based upon whether or not she obtains unconditional permanent resident status. That is really not under my influence at this point, nor should it be. I only wish to find the outcome because the relationship, toxic as it was, was a significant event in my life and I like to know how significant things in my life turn out for the others involved.