Fraud, getting used to come over to the USA?

[William Lee]

I need some advice on how to protect myself if my wife decides to get a divorce. I am currently in the USA and it seems like she is avoiding me when I call. It seems like she has second thoughts. The biggest issue might be she is 20 years younger than me.

 

I know a few stories of ladies getting divorces once in the USA. They always give some excuse bad about the guy. One story is she even had a boyfriend back in China. Their intentions were to get a divorce and to bring him over after a few years. The husband and wife had a joint account and she was withdrawing large amounts before the divorce. She does not want to give the money back and claims it¡¯s his fault. I heard they got a divorce and she is in the process of bring his boyfriend over.

 

Basically, I want send my wife back, if things don¡¯t work out. The second time for me will be even harder to find a wife and to get her over to the USA. I will be well over 50 years old by then.

 

1. First I know about getting a pre nuptial agreement. I own two houses and have some saving but I still have mortgages on both. I was thinking about putting her name on the deed to get the Visa faster but decided not to.

 

2. Second I asked her to sign some beneficiary form giving my brother and sister some of my assets if I die. She has been delaying signing it for sometime now.

 

3. After the I-130, I have the option to file an I-129F. The I-129F is non-immigration visa. The person can work but have to file adjustment of status for a green card. The adjustment cost $1000 and can take 3 months. I need my wife to get a job and start school but she does NOT need a green card.

 

While the I-130, a green card is automatically given. The I129F you have to get a work permit. The permit has to be renewed in 3-5 months. The cost is about $200 for each renewal. I have NOT applied for the I-129F yet and I am thinking this is a good way to keep her in check. What is the best way to get a conditional green card and is there a difference for a permanent green card?

 

I would like to know when is a social security card given. She needs it to applying for school and for opening bank accounts. I apologize about my poor writing in this post. I hope you can understand my points and questions.

Edited October 4, 2008 by William Lee (see edit history)

[Randy W]

Hopefully, you'll be lucky - the consulate will discover this is not a real marriage and deny her the visa.

 

If she somehow makes it through the interview, she can apply for a SS card when she gets either the green card or the EAD (Employment Authorization).

 

If you end up divorcing in the US, you will have no say over where she lives. She can likely stay in the US if she wants to.

Edited October 4, 2008 by Randy W (see edit history)

[chilton747]

Why not stop it now?

[amanda1969]

Why not stop it now?

Agree.

[david_dawei]

I'll be very honest; Don't bring her over if you have doubts... you really have no leg to stand on in terms of trying to "send her back"... if she has a visa, that is her right to be in the US for the time period it allows.

 

1. Putting her on the deed does nothing.. I'll say it again.. NOTHING to make the visa faster.. forget that idea.

 

2. Delay is as delay does...

 

3. 3 months for a green card? Are you in the twilight zone? Depends on where you file.. but 3 months to 3 years would be more realistic. As a K3, she has a 2 year visa.. can travel but not work. Needs the EAD to work... you can get the EAD without the green card but it costs more if you doing it separately since the EAD is basically free if filed with the AOS for greencard.

 

The permit is not needed to be newed in 3-5 months. (Where do you get your info.. unless I am now completely out of touch with this stuff).

 

Social security card is given when you walk into the office and apply; whether K3 or CR1.

 

Here is the bottom line: which method offers you a better change of protecting yourself or reducing her changes of staying in the US longer?

 

IMO, the K3... since it requires the filing of adjustment of status after arrival... you can delay that indefinitely... and in the end, you can even refuse to participate in the filing; she must have an affidavit of support and it's expected to be from the primary sponsor (even if you file it, you can withdraw it prior to the interview).

[jim_julian]

William ... you can have a post-nup that defines financial matters after divorce.

 

My first recommendation would be to break it off and divorce her now if you're really so worried.

 

If you chose to proceed you can have a post-nup, in Chinese and English, signed before she comes over here. Make sure you get a lawyer with a proven track record in international post-nups. Make sure she has independent counsel (a lawyer she chooses and pays for). Make sure her briefing by her lawyer and the subsequent signing of the post-nup is video taped. You and your lawyer should receive and review this tape before she enters the US.

[William Lee]

 

-cut-

The permit is not needed to be newed in 3-5 months. (Where do you get your info.. unless I am now completely out of touch with this stuff).

 

 

My information in the post might NOT be 100% correct. I was told/read and it might not be true. I have just started the process and just got my NOA1 for I-130 last month.

 

What I believe is after arriving to the USA with the K3, I-130/AOS everything is taken care of like, green card and SS number.

 

On the other hand, 129F you have to apply for adjustment of status for a green card and you have to get a work permit. This will take about 3-4 months after arriving in the USA.

 

For the work permit expiring after a few months and needs to be renewed, I need to check on this since there is some doubt

 

PS This is my first marriage and I might be a little Paranoid. It might be due to all the stories I have heard about bad marriages from overseas.

Edited October 4, 2008 by William Lee (see edit history)

[Sebastian]

I suggest you go back to china, find her, and divorce her in china.

[Sebastian]

 

-cut-

The permit is not needed to be newed in 3-5 months. (Where do you get your info.. unless I am now completely out of touch with this stuff).

 

 

My information in the post might NOT be 100% correct. I was told/read and it might not be true.

 

What I believe is after arriving to the USA with the K3, I-130/AOS everything is taken care of like, green card and SS number.

 

On the other hand, 129F you have to apply for adjustment of status for a green card and you have to get a work permit. This will take about 3-4 months after arriving in the USA.

 

For the work permit expiring after a few months and needs to be renewed, I need to check on this since there is some doubt

 

 

Sorry, you got it wrong ....

A K-3 visa is granted on basis of I-129F petition being filed AFTER an I-130 is filed, and the K-3 is sort of a 'speed up' for married people. Or at least it was originally designed that way. Lately, the time gaps have lessened, and the K-3 timelines ALMOST match a CR-1 timeline.

 

When the K-3 Visa Holder arrives, still has to file I-485 for AOS, cost is 1050+ . Has no status on green card, as green card issuance is delayed until I-485 is approved.

 

A CR/IR-1, via I-130 petition, OTOH, she gets green card within weeks of landing without having to file additional paperwork or pay additional fees.

 

Basically a I-130 petition is shelved if a K-3 / I-129F is filed, unless you explicity state on the I-129F and the I-130 paperwork to NOT suspend the I-130.

 

Strongly suggest you review the Big EZ-FAQ over at

http://candleforlove.com/FAQ/CFL_EZ_FAQ.htm

 

RE: The I-130 and the greencard.

When she comes over, she'll be issued a 2 year CR-1 greencard. 2 years later, you will have to file for removal of conditions. If you divorce her before then, you have the option of NOT filing this removal of conditions paperwork, but even then it can get troublesome.

 

---Since your cousin introduced you two, and it's really not working out so well right now - maybe you should tell your cousin about all of this trouble, have her straighten it all out between you and your lass?

 

RE: The Greencard itself...

If she wants to go to school, she'll be paying tuition. there are differing rates for different classifications. without a greencard, she'll be paying international rates even though she's not here on an f-1 visa (f-20?). With a greencard, she'll be paying out-of-state rates for the first year, then in-state-residency rates for years 2-beyond. Now, what I've described is NORMAL for tuition rates, but some schools have waiver programs and reduced rates, ya gotta check em out.

As to work - she cannot work as a W-2 employee without either 1) a greencard or 2) an EAD. Going the CR-1/I-130 route gets her work authorized on day 1 of landing. She'd have to get an EAD with a K-3 visa, and that could take extra time, and will take extra money.

 

Warmest Regards...

Edited October 4, 2008 by Darnell (see edit history)

[amanda1969]

I need some advice on how to protect myself if my wife decides to get a divorce. I am currently in the USA and it seems like she is avoiding me when I call. It seems like she has second thoughts. The biggest issue might be she is 20 years younger than me.

 

I know a few stories of ladies getting divorces once in the USA. They always give some excuse bad about the guy. One story is she even had a boyfriend back in China. Their intentions were to get a divorce and to bring him over after a few years. The husband and wife had a joint account and she was withdrawing large amounts before the divorce. She does not want to give the money back and claims it’s his fault. I heard they got a divorce and she is in the process of bring his boyfriend over.

 

Basically, I want send my wife back, if things don’t work out. The second time for me will be even harder to find a wife and to get her over to the USA. I will be well over 50 years old by then.

 

1. First I know about getting a pre nuptial agreement. I own two houses and have some saving but I still have mortgages on both. I was thinking about putting her name on the deed to get the Visa faster but decided not to.

 

2. Second I asked her to sign some beneficiary form giving my brother and sister some of my assets if I die. She has been delaying signing it for sometime now.

 

3. After the I-130, I have the option to file an I-129F. The I-129F is non-immigration visa. The person can work but have to file adjustment of status for a green card. The adjustment cost $1000 and can take 3 months. I need my wife to get a job and start school but she does NOT need a green card.

 

While the I-130, a green card is automatically given. The I129F you have to get a work permit. The permit has to be renewed in 3-5 months. The cost is about $200 for each renewal. I have NOT applied for the I-129F yet and I am thinking this is a good way to keep her in check. What is the best way to get a conditional green card and is there a difference for a permanent green card?

 

I would like to know when is a social security card given. She needs it to applying for school and for opening bank accounts. I apologize about my poor writing in this post. I hope you can understand my points and questions.

From your words you have shown that you do not have confident on your marriage and your wife. I think before you made a decision of getting married her you should have judged your relationship and her action.

I do not think a husband who is so suspicious of his wife or his marriage might have a good marriage. That is why I suggested you to get divorced.

Edited October 4, 2008 by amanda1969 (see edit history)

[Sebastian]

William, also review http://candleforlove.com/forums/index.php?...st&p=382850 . Thanks !

[hopelives]

I think based on the lack of information provided by the OP. Divorce could be rash. A women could marry an older man for many reasons, maybe he is a youthful 40 something or maybe he is a good man and she has been with nothing but bad ones or maybe she wants economic security and of course, fraud. You have not given much in regard to the details of your relationship. I have another suggestion maybe the old hands on this board can point you in the right direction or maybe one of our lovely natives of the PRC can help you find a private detective. If she is really a fraud I bet he would find something, and if you really love her he can give you peace of mind

 

jim

[Sebastian]

Jim - ya, I agree, but - if you read his prior postings, the basis of the relationship, imo, starts off as 'fishy' to begin with. I hope and pray that the lass is in it for all the right reasons, but if he's raising this kind of issue NOW after having OTHER red flags (in his prior posts), then I sorta feel there's more to this picture than at first blush.

 

William, fwiw, sure, you can get a post-nuptial agreement signed and enforced both in China and USA. The delay tactics she's using about the beneficiary stuff is troublesome to me - if she truly loved you she'd go out of her way to find a lawyer in China and get that attestation done.

 

I think something else that is bothering her might be the 'cousin-payoff' for the introduction - but I'm not sure. I KNOW it's bothering you, though... That's a tough one to call.

[C4Racer]

Jim, I agree with Darnell. Not only look at his prior postings, but the first word in his topic heading. The man is worried he is being used. He must have good reason for this. The point being made is divorce in China before coming to the US is the only way to insure not being used. Once she is here, not only will she likely be allowed to stay, but he will be could be on the hook since he must sign the I-864.

Edited October 4, 2008 by C4Racer (see edit history)

[Dennis143]

 

PS This is my first marriage and I might be a little Paranoid. It might be due to all the stories I have heard about bad marriages from overseas.

Friend, I know that you are having first-marriage jitters and that's expected and common. But, with these Sino-American marriages you'd best be certain about your intendeds motives and desires. Take your time. Slow down. Do not rush into anything... 50 is not old. You still have time to be wise about this. Travel and visit with her again and again, if needed, until you are certain.

 

Trust me, I've been there too.