Can recording be used as evidence?

I am a US citizen and I filled for a green card for my husband and now he has a conditional green card. He started changing when he got the green card and I don’t think this marriage will last because he continues to lie to me. I won’t be signing the I-751 form, so he will be filing a waiver. I believe he entered the marriage with only the intention of getting a green card. I want to report him to the USCIS but I’m not sure what evidence I would need and what the process will be like. I had a recorder in my car, which is only under my name. My husband drove the car without telling me and his conversation was recorded on it. Can I use that recording if I report him for fraud? What would I need to do to prove he lied to me and entered this marriage only to obtain a green card?

Asked on September 21, 2018 under Immigration Law, Washington


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can certainly file a report with USCIS and provide whatever evidence you have to show that you believe the marriage is not bona fide from his side.  However, keep in mind that they will not necessarily act on this now or later and there is really no way you can compel USCIS to do anything in this case.  All you can do is provide your side of the story and supply as much as you can by way of documentation.  HOwever, if you are still married to him and not considering separation or divorce, that might make it somewhat suspect as well.

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