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Would there be a different outcome to alien, if USC files for divorce?

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  • Would there be a different outcome to alien, if USC files for divorce?

    Here's my concern:

    I think that my alien husband is awaiting adjudication on our jointly filed I-751 prior to filing for divorce, because, as already stated over and over again on this message board, by advisors who are looking for the best interests of alien, it is best for divorce to be postponed until after the I-751 is finalized.

    I understand this completely. But as I am in a quite opposte situation, being a USC wife who has been taken advantage of by my husband's less than honest motives, does it make a difference if I were to file for divorce while joint petition is pending or not?

  • #2
    Here's my concern:

    I think that my alien husband is awaiting adjudication on our jointly filed I-751 prior to filing for divorce, because, as already stated over and over again on this message board, by advisors who are looking for the best interests of alien, it is best for divorce to be postponed until after the I-751 is finalized.

    I understand this completely. But as I am in a quite opposte situation, being a USC wife who has been taken advantage of by my husband's less than honest motives, does it make a difference if I were to file for divorce while joint petition is pending or not?

    Comment


    • #3
      If you file and divorce is final before his adjudication of I-751 he might run into some troubles, like having to file another I-751 under a waiver, or he might still get approved without interview but when he tries to apply for naturalization it will come up that divorce occurred prior to bcis decision on I-751, and he might run into some issues there...

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      • #4
        Therein lies a problem as my husband would never, and I repeat NEVER naturalize - he is too proud to be SWISS! So indeed that means he could get a GC through inappropriate marriage to me, not matter wht I do....except perhaps report Marriage Fraud or go for an annulment, right?

        Comment


        • #5
          You wrote
          "If you file and divorce is final before his adjudication of I-751 he might run into some troubles, like having to file another I-751 under a waiver, or he might still get approved without interview."

          What if divorce is not final before Adjudication?

          If divorce is not the case and annulment is honoured, does that change the situation?

          If divorce or annulment is final prior to Adjudication, and he may be asked to refile under a Waiver - then is it not true that the onus of proof of a bona fide marriage would be on him? And if no one who knew us prior to his affair now believes that our marriage was REAL and BONA FIDE, what could he present to support his case for a WAIVER?

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          • #6
            Yes.

            BTW - Have you talked to an immigration lawyer. Due to your Affidaviate of Support you have a SIGNIFICANT stake in all of this... Let alone from a personal perspective...

            You can usually get a few answers during an free phone consultation if you plan your call right... And you can always call a couple of others...

            Have you been down that road yet?

            ARQU

            Comment


            • #7
              The key about a Divorce or Annulment being FINAL is that until that occurs the marriage is still real and ongoing (from a 'legal perspective). That means he can answer any question put to him about being still married as "yes - we are apart for the moment but I am sure we will work it out"... The BCIS doesn't consider a divorce (or annulment) to exist until it is final.

              Just curious - why are you waiting to do all this? Have you filed for a divorce/annulment yet? Have you written the letter to the BCIS yet? Have you thought about including affidavates of your own (from others) attesting to the situation? I would call a lawyer, get some free/inexpensive advice and go ahead and try to get this guy nailed...

              Now that I say that - I hope you aren't my "ex"...

              ARQU

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              • #8
                somebody DOES need a ***p in the head, and it ain't your husband!
                Timmah! Liv-a-lar!

                Comment


                • #9
                  I would definately agree with you about your husbands motives. The fact that he wanted you to give him a large portion of your money so he could have "financial equity" is what makes me suspicious. Of course, I'm not familiar with Swiss or Brittish cultural expectations of marriage, but here in the US, assets and money are pretty much shared between most (there are always some exceptions) married couples. My husband does not have a social security number and cannot open a bank account, so we have no joint savings or checking, but he still trusts me. It is a common understanding that all my stuff, even stuff I had before we were married, is his and all of his stuff is mine. That's what marriage is all about. You both share one life and one future. At least that's the way both of us were raised. My husband is from Mexico, which is famous for it's machismo, but he has no problem with me being in control of our finances. My husband gives all his money to me to pay bills and put in savings. He has no need for a nest egg of his own because he is not planning on leaving. Many people here will be biased in your husband's favour for different reasons. Some have the attitude that anyone who can put up with being in a marriage that they don't genuinely want has "earned" thier green card. Somehow, they are "owed" that greencard. They don't care if they have to ruin a US citizen's life to get it. To them, getting a greencard is the end-all be-all of life. It's one thing to make a fake passport, sneak across the border, or work with a fake green card. In that case, the sin is against the system. The system does not have feelings, cannot make love, and cannot cry. Using marriage to get a green card is different. When you hurt another human being in such an intimate way, that is downright evil.

                  Comment


                  • #10
                    Swissnut:

                    I swore I would back out of replying to your posts a long time ago. I don't know anything about immi, but I do know what snakes men can be.

                    I hope by you not replying to my earlier post on this thread, it's just an oversite, but the more I read your posts, I'm not so sure. I offered you moral support when you emailed me, per my request, to which you declined without a reply.

                    Maybe you really ARE as pompous and arrogant as your posts suggest. It's just common courtesy
                    to acknowledge another's kindness.

                    If you think your husband is gonna "wake up and smell the coffee", you're delusional. All he smells is money, the Green Card, and the cheap perfume of his girlfriend.

                    I can't believe you would take him back after all this. A leopard doesn't change his spots.

                    Comment


                    • #11
                      Everyone read about this story:

                      http://www.foxnews.com/story/0,2933,98139,00.html

                      This is the system thats holding up the I-751s.

                      Comment


                      • #12
                        My humble opinion is.....I also know what snakes men can be :-) and it's very hard to trust after an experience like that. BUT you have listed objective facts. To me there is NO good REASON for him to have put all of his earnings into a private acct. If he received equity in your home, etc. he should have started paying into it in some way. I am a strong believer in doing what it takes to make a marriage work and I understand what you're saying about "what if" BUT it just doesn't sound like a possibility to me. My emotions are not tied up in it so it is easy to for me to say report him and get divorced. Get a good divorce lawyer. The second thing is.... his "counselor" needs to be reported to her certification board. I'm sure she made "notes" for file but it should still be able to be easily proven that she violated her certification code (or whatever they call it) If insurance was involved she should be reported to insurance commission for your state. It'd be great if they left together :-)

                        Comment


                        • #13
                          Josephine Schmo:

                          Why the hostility? You wrote "
                          Maybe you really ARE as pompous and arrogant as your posts suggest. It's just common courtesy"

                          For your information, I did email you...I'll resend it to you so you can see.

                          Sorry you are so upset, and I assure you I am far from pompous and arrogant.

                          Comment


                          • #14
                            Still Learning:


                            Thanks for our words of advise...
                            "Get a good divorce lawyer. The second thing is.... his "counselor" needs to be reported to her certification board. I'm sure she made "notes" for file but it should still be able to be easily proven that she violated her certification code (or whatever they call it) If insurance was involved she should be reported to insurance commission for your state. It'd be great if they left together :-)"

                            I can't afford a divorce awyer at this time, and I am not sure a divorce lawyer would be the best option for me, given the fact that I suspect that my husband's interests were solely to secure his PR here, a divorce would not get me out of the sponsor situation.


                            Can you be more specific as to what your concerns are with his "counselor" and the violations? Do you mena that the couselor advised him of this route?

                            Comment


                            • #15
                              Swissnut:

                              as I remember, and as I stated above, you did emailed me per my request, I responded, then I got no response from you after that.

                              the email i received from you today is the same email i received before.

                              no hostility, just bewilderment.

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