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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Can the INS deport a spouse during or after a divorce while an I-751 is pending?
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Power Member
Picture of swissnut
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Aguila:

Nor have I asked questions over and over again, when answers had already been given! You might wish to consult Sammy's post to my question, which you claimed had been answered. He wrote that as far as his recollection was concerned, the question had neither been asked nor answered, yet you complained that it had.

Now with regard to your statement that an alien who is simply interested in GC, would never divorce before the plastic card was in his or her hands.... you might be right if the alien was smart and familiar with immigrtion law. However, there is another scenario which you seem to be overlooking.

What about considering the possibility that an alien WHO BELIEVES that he has passed the 2 year period, and is therefore, in his mind, already "in the clear" but is not so clever?

In my husband's case, I don't believe he has the GC yet. And I believe that he THOUGHT, erroneously I might add, that the 2 year period BEGAN on the day we married, and not on the day he received the temporary green card (which happened in our case to be 6 days short of one year later). So in his plan, after we had been married two-years, he THOUGHT he had put in the mandatory time, and would therefore get the GC. However, what he didn't know is that he began counting the years required to be in the marriage from the day we married, and not from the day he received the temporary status. He also may not be aware that IMFA has influenced BCIS recently to consider that the intent at the begining of the marriage may not be sufficient enough, and that as far as IMFA recommendation goes, BCIS should look at the entire two year conditional period.

Have you considered the fact that even "skilled con-persons" make mistakes themselves, due to their feelings of "entitlement" and not based upon facts?
 
Posts: 2159 | Location: USA | Registered: 07-25-2003Reply With QuoteEdit or Delete MessageReport This Post
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Picture of 4now
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Generally in the past when an alien has not been sincere for the marriage, alien will stick around until 751 is signed and then miracalously the marriage goes bad/get divorced. i751 were processed fairly quickly prior to 9/11. Even getting divorced before 2 yr period and filing waiver to get approved. Things are different now, and alien who come here with this plan will have to come up with new strategy, b/c at this rate of pace now alien should plan on staying with spouse no less than 4-5 yrs.

It is agreed. some aliens are misinformed and do not truly understand the immg time frame for marriage or have been misinformed by other aliens who have done the same.. then they have had to go back and do damage control.

Swiss I think your husband was one of these
 
Posts: 3887 | Registered: 09-27-2003Reply With QuoteEdit or Delete MessageReport This Post
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Picture of Pasha Patel
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Hi Swissnut,
Well I didn’t say BCIS / IJ should just rule in favor of alien if he/she gets divorce in initial 2 yrs period. Now about my own thought whatever you wrote, I didn’t feel offended coz I know your situation but you really don’t know much about my case. Even if you see my previous posts you wont find me stating my problems but only immigration related points as I think ….i should deal with my personal problems but I am forced to write here because of this blame….
My wife lost her Dad 3 yrs ago. They lost all their business and handsome amount of money in lawsuit. And that might be the reason her mom got her married to me / my profession. I start realizing everything now. My mom in law knew everything about my wife but they misrepresented facts before marriage. She is ready to support me knowing everything what is happing with me. She almost cries 3-4 times a week and requests me to bear with her daughter that everything will be ok eventually. If I divorce her, their reputation will brake down and probably it will be hard for her to find a decent guy (this is because of our society and culture). Their family will break down. I just think if my mom was in this situation what would I do? And that is the reason I am working on my marriage. I have all sort of proof from telephone talk to pictures to prove cheating on me and enough to prove bonafide marriage….but just because of my nature I cant leave this family like this after everything they have gone through…and I will never divorce her and try to work on marriage till last chance. I am collecting all sort of info just in case if she doesn’t appreciate my affords for her good then I should be on safe side too. I would have left her long time ago but my morals don’t allow me to do so…what would you do in this situation when ur mother in law literally cries and breaks down in front of you and beg for not leaving her….everybody thinks of themselves but sometimes its more satisfaction to do for others that are in need of your help. Have a good night. Pasha
 
Posts: 3162 | Location: USA | Registered: 08-30-2003Reply With QuoteEdit or Delete MessageReport This Post
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Picture of SonofMichael
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Michael gives the best advices !




Impeach Obama !
...............................
SOM - THE VOICE OF REASON
 
Posts: 2851 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
Frequent Member
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I have given you the best advices too sonofmichael or what do you say f u c k i n g moron
 
Posts: 288 | Registered: 05-11-2006Reply With QuoteEdit or Delete MessageReport This Post
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