What would you advice to me in the following situation:
I have been married to my wife for over 2 years now. I have suffered a lot (have couple of police
reports, etc.), but always thought that I should suffer it through until I get my real Green Card
(10-year-green card).
I am holding a conditional Green Card based on marriage. I filed for the JOINT I-751. My wife
wants a divorce now. How should I proceed?
1. Is it better if I file for a divorce myself, before she does (wanted to do it a long time ago)?
2. Should I let her file for a divorce and say "No" at the court, trying to extend the divorce process,
so that I can get the approval of I-751 first? 2.1 If I get the I-751 approved before divorce will be finalized, will I be safe? 2.2 What if I get divorce finalized prior to the approval of the I-751? What should I do?
3. Since she moved out of our apartment, do I have to notify USCIS about it now?
4. Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?
People, I very rely on your help and hope for answers as soon as possible, since she is about to file
for a divorce.
Please help.
My timeline (TODAY's date: Nov/15/2008):
Got Conditional Green Card: Feb/05/2007 JOINT I-751 was recieved by USCIS (Vermont Service Center): Nov/10/2008
USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who you blame!!! kami ay nanonood!!!
What would you advice to me in the following situation:
I have been married to my wife for over 2 years now. I have suffered a lot (have couple of police
reports, etc.), but always thought that I should suffer it through until I get my real Green Card
(10-year-green card).
I am holding a conditional Green Card based on marriage. I filed for the JOINT I-751. My wife
wants a divorce now. How should I proceed?
1. Is it better if I file for a divorce myself, before she does (wanted to do it a long time ago)?
2. Should I let her file for a divorce and say "No" at the court, trying to extend the divorce process,
so that I can get the approval of I-751 first? 2.1 If I get the I-751 approved before divorce will be finalized, will I be safe? 2.2 What if I get divorce finalized prior to the approval of the I-751? What should I do?
3. Since she moved out of our apartment, do I have to notify USCIS about it now?
4. Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?
People, I very rely on your help and hope for answers as soon as possible, since she is about to file
for a divorce.
Please help.
My timeline (TODAY's date: Nov/15/2008):
Got Conditional Green Card: Feb/05/2007 JOINT I-751 was recieved by USCIS (Vermont Service Center): Nov/10/2008
Hi New Yorker,
Just make sure you have alot of proof that your marriage was valid. USCIS isn't as forgiving as it once was since there's so much marriage fraud. If you have alot of proof that your marriage was real, you should be okay.
Do not go where the path may lead, go instead where there is no path and leave a trail. (Ralph Waldo Emerson)
By the way,you don't have to notify USCIS that your wife moved out of the apartment that you both shared together...I was a conditional resident my self,and my wife divorced me and I didn't really have a lot of joint documents to submit with my application as proof,just a few joint phones bills,and two police reports and email correspondence between us both and phone records.I actually filed single on my tax return statement,but had amended it later on to married but filing separately,and had submitted a letter from a physician that explained that I suffered depression brought about by strain in our relationship,etc and a transcript detailing the court proceedings when we were in matrimonial court and the divorce decree,and that was it,and it was just recently my application got approved,after I was interviewed at Federal Plaza in the same Month.
In my case, I bought the divorce proceedings because she had moved out and was supposed to file but never did, trying to drag it out. It will have no effect who files for the divorce first. I filed I-751 in 2003 before the new procedures came into effect.
In the beginning the Universe was created. This has made a lot of people very angry and has been widely regarded as a bad move - Douglas Adams
And another thing again,my application was processed over in Vermont and it took one-year from the date it was submitted to the date that I was interview,then the same Month that I got interview,my application was approved.
I think that you should contest the divorce so that you have ample time to have your application approved,I had contested my divorce because most of the stuff that my ex wife used against me in the divorce papers were not true,and she was trying to have me deported stating that I treated her cruely.
Originally posted by Patrick Smith: I think that you should contest the divorce so that you have ample time to have your application approved,I had contested my divorce because most of the stuff that my ex wife used against me in the divorce papers were not true,and she was trying to have me deported stating that I treated her cruely.
Thank you very much Patrick! If I understand you correctly you are advising to contest the divorce until I get the I-751 approved, right? Couple of quest. to that: 1. Don't I have to notify uscis that I am in the divorce process? 2. You have contested but still filed another I-751 for the second time, correct?
Originally posted by NewYorker: I went to the lawyer today, and he said that I won't get a green card if I get divorced. Is that true? If not, what's the truth?
New Yorker,your lawyer is not telling you the truth,that you cannot get a green card if you get divorced.Of course you will be able to get a green card even if you are divorced.
I did not file my I-751 two times.My divorce was finalized before it was time enough for me to apply for removal of conditions.How ever,what I suggest you do,like how you already had filed your I-751 application,and divorce is in the picture,it is likely that you will have to refile your I-751 application over again and pay the fee again...or what you can do is,make am infopass appointment and visit the immigration dept and talk to an officer on the subject,and hear what he/she says..or if you would like,you can call the immigration hotline at(1800-566-7636),and they will advise you further on what to do..On the other habd,immigration hotline has nothing to do with the immigration Dept,it's a free service that gives advice on immigration matters affecting folks your your self,etc! The hotline will be able to advise you on what steps to take,trust me.
patrick smith , you were doing just fine until you told him to call the hotline ,wrong wrong wrong my friend ,dont you ever call those idiots at the 800# or the hot or cold line ,come on man dont destroy the guy lol, i will advice him to call sears coustomer service but not the immigration 800# or the coldline lol .he has a simple case . i think the attorney was telling the truth but he did not give him a good explenation, i think what he meant was that you can't get a green card if you divorce which is true but you will be able to get it after the divorce by filing a new i-751 form but you will request a waiver for the jointly filing with your wife. download the i-751 form and check the box were it say(I entered into the marriage in good faith but the marriage was terminated through divorce or annulment)and you will also check the box were it say(I am a conditional resident spouse who entered a marriage in good faith, and during the marriage I was battered by or was the subject of extreme cruelty by my U.S. citizen or permanent resident spouse or parent)if she abused you and you have the police reports then this is the way to go. dont try to stop the divorce ,let her go further if she wants to unless if you want to make things up with her again but if not dont be scared,this is the way to go ,wait until the divorce is final and then go ahead and file the i-751 (waiver) and include a copy of your final divorce paper with all the supporting documents to prove that you entered this marriage in a good faith(you will still need to prove your married even though you guys are divorced) and once you file the new i-751 waiver they will extend your status for one year and your all set . you will wait and more likely they will call you up for an interview at your local office and if you have good evidence and police reports then there is nothing to worry about . these waivers are harder to get approve but if you have all of what you mentioned i think you will be fine . and now to answer your question ... 1- this is a personal choice but if i was in your setuation i will either file first and claim abuse ()which will make your case better when it gets to uscis but like i said you know better about your setuation so that sup to you . 2- you dont have to say no at the court if your worry about losing your green card unless if you still love her . 2.1 - yes 2.2- you will file a new i-751 and request a waiver like i told you before 3- no you dont, the non citizen have to inform uscis not the usc 4- vermont are kinda slow these days but based on your timeline i will say 6-9 months good luck
New Yorker,did you receive a letter from the immigration Dept detailing the extension? If not then you can make an infopass appointment when it is near one-Month away from when your conditional card expires,and stop by the immigration Dept,with your pass port,and have them to place an I-551 stamp in it,which will authorize work and travel in the U.S.
All I can advise you on as far as the divorce part goes,is that you'll just have to work things out in that area...Why can't you and your wife work things out together,did it went all that bad to the point where divorce is inevitable?
I really am not at will to tell you what to do,as far as getting a divorce is concerned.You will have to plot your way out as far as a divorce is concerned.
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but like i said you know better about your setuation so that sup to you .
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