Want fo Divorce my Russian Wife -

[deevidman]

Hello All,

I am new to the post and am wondering if someone has had the same experience as what I have just gone through and if they have, maybe some tips on where to proceed.
My story is that i married A russian woman a little over two years ago in Russia. In March she finally got her IR-Visa and then came to visit me in th4 states for three weeks as she had a holiday from work for that long. She got her passport stamped and of course the Green Card is to be sent to my address here in the U.S. She has returned to Russia to go back to work, and we started to discuss and plan here return to the states permanently,  Well, now some things have come to light about her that have made me realize she did not really love me and add to that, she has a married lover in Helsinki! I am not such a gullible and foolish guy that I would easily be so duped, but this woman was smooth, but I should have noticed some warning signs I admit, and it is amazing the way she could lie with such ease and to my face.  So long story short, I confronted her with the information over emails and we had a horrible falling out and now I want a divorce to be rid of this woman.
My question is has anyone gone through this kind of thing before and how do I go about getting the divorce since we were married in Russia and (2), What can I do about getting her green card status revoked (the actual card has not yet arrived), since she obviously was only afer the green card?
Also on the divorce question, can I get if done online somehow, or do I need to travel to Russia again.. I never want to go there again, and have sworn off Russian women and in fact foreign women, after this disaster that has turned my head around.
Any input, support or information will be greatly appreciated!

Thanks,

deevidman

[Sohkay]

Dan,
There should be a new category, along with Married, Anything Goes, etc. It should be called Divorced/Divorcing. It should be directed at those who have divorced or are divorcing from an FSUW.

deevidman, Sorry for the off topic, but this is an important subject where people might find help and support during trying times. It would also provide invaluable lessons for all involved in this process. I'm sure you will have some input on your situation shortly.

[William3rd]

What did you really expect if she is working overseas all this time? Comes over just to get the green card and goes back to work? Definitely not a stable family relationship.

Do you have evidence or just anecdotal stuff? Did you keep all of those emails?

Here is what you do- file your divorce. Make sure it is done by the book. Do not let her back into the house. Send all of the evidence along with the divorce to USCIS with a cover letter.

If she has to go for removal of conditions in two years, she will have to prove good faith.

[Jazzyclassy]

So sorry to hear your story Deevidman , it happens , you were not lucky 

I understand your feelings, cos of such women , normal Russian women are being  prejudiced to be scammers , that is truly sad and awful

I am sure  guys will give you some valuable advice , and I wish you to find your soulmate in America:) please never be disappointed in people  , Russian women are not all scammers I assure you , just apparently you met the wrong one:(

good luck

[jb]

Actually, deevidman, you are in pretty good shape since you married in Russia, and she is in Russia withoutg a green card.  A divorce in Russia will cost you about 100 Rubles, (not counting attorney's fees), but you must pursue the divorce in the region where you got married.  Your marriage is not registered or recognized in the USA, as if it never happened,,, wink, wink...

If she has no valid paperwork to travel to the USA, i.e., can't get here to contest it, you are home free...  Divorce the bit$h in Russia and be done with her.

[BC]

To me, sounds like she either does not want to immigrate or did not do her homework.

Other questions that pop to mind is that they have been married over 2 years.. would the GC be conditional?, and if not would an 'I lost it' suffice to return?

Jurisdiction when married in RU is an interesting question as she obviously was not in the US long enough to really establish residence.. or? - then again if a permanent GC is applicable who knows..

I guess your best friends (or enemy) will now be the lawyers...

Good luck..

[WmGO]

JB gave good advice. Whatever you do, do not let her get her hand on the GC.

Also, Deevidman's story is a good example of how NOT to go about pursuing relationships and marriage to an FSUW. Sorry David, but you need to take a more common sense approach to this whole endevour - IF you decide to delve into the FSU shark infested waters again AFTER you extricate yourself from your current dilemna. Good luck!

[BillyB]

Whatever you do, do not let her get her hand on the GC.

The wife has a visa in her passport to come to the States and the green card is to be sent to deevidman's home. Deevidman would get in trouble if he did not hand over the green card and that would make him look bad in divorce court being a controlling, abusive person. He could also get a criminal record not handing over the green card. If she decides to stay in the States, deevidman will have to fork over a huge chunk of his assests to support her more than if he was married to a local woman for a short time. No matter if there was evidence of her cheating on him, if she is legal to be here and wants to stay in America judge would not send her away with nothing which qualifies her to get government assistance/welfare payed by the taxpayers. Deevidman will pay for his mistake, not the taxpayers. Just better hope she doesn't get to America.

[WmGO]

BillyB,

Good points............but how would not giving her the GC amount to a *crime*? I really don't know, and would defer to Wm3rd on all this stuff.....just seems the man has a right to protect himself and the U.S. from the fraud that is being perpetrated.............he obviously needs to consult an immigration atty. immediately.........and do as JB suggested also immediately...........

[ScottinCrimea]

What green card?  I never saw it.  It must have gotten lost in the mail! :noidea:

[BillyB]

but how would not giving her the GC amount to a *crime*?

You're interfering with the right of someone to legally live here and you're messing with a woman in a controlling matter and that could fall into some type of abuse or harrassment. Men can get convicted of DV if his woman "fears" physical harm from him. There does not need to be any physical evidence. If a woman can cheat on her husband, she could make things up and the justice system here will convict him as required by law. Here's what one prosecuting attorney says about what DV and abuse is. Quite interesting. http://www.clarkprosecutor.org/html/domviol/what.htm

[William3rd]

She will be allowed back in to fight if it comes to that.

She has an A# and was admitted. She has a status stamp in her passport as well. She doesnt lose that just by being without her card.

Doesnt sound like she has any entitlement under family law.

By the book, divorce her and send the letter to USCIS.

[Wild Orchid*]

Why does he have to go to Russia to apply for divorce? All Russian couple that got divorce after coming to Au done it here, they didn't have to go back to Russia. Is the rule different in US?

[Jet]

Other questions that pop to mind is that they have been married over 2 years.. would the GC be conditional?, and if not would an 'I lost it' suffice to return?

Conditional status is determined by date of approval, not date of application, so if they were married over 2 yrs + 1 day at the time of approval, a 10 year GC will be issued.

She will be allowed back in to fight if it comes to that.

She has an A# and was admitted. She has a status stamp in her passport as well. She doesn't lose that just by being without her card.

As I understood it, the I-551 stamp is in essence, equal to physically holding a greencard at ports of entry.

[William3rd]

It is the person, not the card, that determines LPR status. A "lost" card does not affect the status of the person. Two year status is two year status unless removed by government action or by action of the person holding the status.

[Warren]

Sir:  Is her name Viktoriya Klymenchuk by chance ?  Sounds like your lady is "visa whore" just like Vika. I married her in the U.S. and she left 4 months later. I found out 1 year later from a friend that she married another guy from L.A. while still married to me ! She also went back to Ukraine again.
     Go to the Dominican Republic or other Caribbean country and get a divorce in 3 hours no matter what country you married in. The lawyer's fee is only $50 and he will go with you to the Government office for divorce. Bring all your documents with you when you go.

     

[William3rd]

That advice is not going to help you with a potential contested immigration matter in two years when she tries to show that she was married in good faith. If anything, it makes her look real good.

What are your state rules on annulment based on fraud? See a family law attorney in your state to determine your best course of action.

Go through the front door and dont waste your time climbing through a back window. If you have the high ground, use it.

[Daveman]

...Your marriage is not registered or recognized in the USA, as if it never happened,,, wink, wink...

Off topic:
Okay, if a marriage from  Russia is not recognized here, why would anyone bother with a K-3 visa? Why can't everyone file for K-1 which seems to be quicker? Does it become binding after a 'registration' here? or does a couple filing for a K-3 also have to marry again in the USA to become completely legal or does filing some different papers make the Russian marriage 'registered' and valid here?

[BC]

Go through the front door and dont waste your time climbing through a back window. If you have the high ground, use it.

I like that, in fact I love it.  Definitely going in my 'to remember' box.

Thanks.

[jb]

Okay, if a marriage from  Russia is not recognized here, why would anyone bother with a K-3 visa? Why can't everyone file for K-1 which seems to be quicker? Does it become binding after a 'registration' here? or does a couple filing for a K-3 also have to marry again in the USA to become completely legal or does filing some different papers make the Russian marriage 'registered' and valid here?

The marriage in Russia is only recognised by virtue of the fact that a certificate of a Russian marriage is produced for visa purposes at the US Embassy.  Without that,,, there is nothing to go on.  If,,,as you stated,,, this woman is also married to several other men at the same time, if you can prove this, you case is not without merit.  This woman is a visa whore,,,, no question about it.

[BC]

The marriage in Russia is only recognised by virtue of the fact that a certificate of a Russian marriage is produced for visa purposes at the US Embassy.  Without that,,, there is nothing to go on.  If,,,as you stated,,, this woman is also married to several other men at the same time, if you can prove this, you case is not without merit.  This woman is a visa whore,,,, no question about it.

jb,

All a woman would have to do to make the Russian marriage certificate valid in the US is to get an apostille stamp in RU.

I would think even having presented the certificate to the Consulate in RU during the K3 process *may* be enough for a US court to recognize the validity of the marriage. 

Married to several other men at the same time?.. I must have missed that part.

The 'front door' William mentioned is looking better and better..

[BillyB]

Where's deevidman?

His wife has been to America and does have her green card so the American govt. must recognize their marriage.

Although a lost green card does not affect her status here, it does affect her. If she wants to get a job, she needs to show it so it's best deevidman gives her card to her if she ever comes back. I've tried to call immigration before to check on if some immigrants were legal although they "lost" their green card. Immigration told me don't hire them unless I see one and they won't tell me if their legal or not over the phone.

It's probably a long shot that she'll ever come to America on deevidman's dime but who knows, she probably has money to purchase a plane ticket herself.

Warren, those caribbean divorces may not be any good if one wants a divorce without the other's consent. While the country who issues out the divorce may recognize the divorce with one signature, most if not all States will not recognize the divorce unless both man and woman sign the divorce decree. Deevidman should get an attorney and do things right the first time.

Daveman, until recently, there use to be direct consular filing that was quicker than k-1 and available to people who marry in the FSU.

[rose]

Conditional status is determined by date of approval, not date of application, so if they were married over 2 yrs + 1 day at the time of approval, a 10 year GC will be issued.

I think your statement is not accurate. If you need explanations:
Before card to be issued the couple need to prove that they are still married, and their marriage is not a fraud.
  What defines a marriage? If I remember correctly, there were 3 things: a) joint household; b)this part I forgot, and too lazy to look in the Internet(Living under the same roof, I think); c)intimate relationships.

After being married for more than 7 years I was invited to the interview and we couldn't  show proof of joint household (no joint bank accounts, bills, cards, property), although we lived under the same roof, we never made it to the second or third part.
My case was put aside, and I had 90 days to fix my paperwork or I would be departed. If for some reason my husband wouldn't come to the interview (he tried to do it twice and I had to beg him),  the interview wouldn't last longer than 1 minute (according to my lawyer).
I believe that even if he'll come to the interview and will say that he believes that the marriage from her side was a fraud, she will not get her GC.
Or maybe it's only Fresno office work this way, don't know. Anyways, there is 800 number, and you always can ask them (before you'll decide to spend your money on a lawyer) what should you do in your situation.

[William3rd]

Jet is correct. Rose is talking about issues of approval. If you have no approval you have no removal of conditions.

Immigration is not allowed to give any answer other than what is on their list for examples of a "shared life.

If the petitioner doesnt show up at the interveiw, there is no approval-unless there is a divorce and wife is trying to qualify under the good faith exception or under extreme hardship.

[rose]

It seems to me, I misread Jets' post. He was talking about the dates of determining condition status, while I was talking about approval for 10 years GC. And I never heard about automatic issuing 10 y.GC ... The interview MUST take place, and husband MUST be present. At least that's what I've been told by the officer at Fresno.
Anyways, I don't think it's legal for one to open the mail, addressed on the name of his wife/her husband... but as deevidman said, mail these days is so unreliable, so many letters are simply lost... And he is not responsible for taking care of  her mail. If she wants, she can forward it to where ever she wants.