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I 751 revoke after getting green card

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  • I 751 revoke after getting green card

    Hi every one
    became conditional permanent resident in Sep 2004. I was living with my wife in Ohio. I filed I 751 in June 2006 after completion of 1 year 9 months. My wife is in school. I have to move to Florida on work purposes and was staying in Florida since 2006 to till date. I got permanent green card in Dec 2006. I was supporting my wife, visiting her and paying her bills till 6 months ago even though things are not going well. Six months ago I told her that we should get divorced. She filed for divorce in PA and getting Alimony / spousal support from me. My attorney said to me that she wont give you divorce and will stay on APL for ever. He filed in court that we separated in June 2006. The case is pending in the court. My worry is what if Court says that if we have been separated in June 2006 how can I have a GC as my I 751 is approved in Dec 2006 when we are separated as per the court.

    Can my card will be revoked if filed for separation

  • #2
    Hi every one
    became conditional permanent resident in Sep 2004. I was living with my wife in Ohio. I filed I 751 in June 2006 after completion of 1 year 9 months. My wife is in school. I have to move to Florida on work purposes and was staying in Florida since 2006 to till date. I got permanent green card in Dec 2006. I was supporting my wife, visiting her and paying her bills till 6 months ago even though things are not going well. Six months ago I told her that we should get divorced. She filed for divorce in PA and getting Alimony / spousal support from me. My attorney said to me that she wont give you divorce and will stay on APL for ever. He filed in court that we separated in June 2006. The case is pending in the court. My worry is what if Court says that if we have been separated in June 2006 how can I have a GC as my I 751 is approved in Dec 2006 when we are separated as per the court.

    Can my card will be revoked if filed for separation

    Comment


    • #3
      Hello Lax and welcome to the forum

      First up.. fire your lawyer and seek a more experienced one that also has experience in immigration details.

      Seperation in June was for work. After your wife finished her school, why did she not relocate with you to florida? In fact it sounds like she moved to PA... or is that where she was from and was temporary in Ohio?

      In anyways, it does not sound like this was a on going bonafide marriage after June2006 or somewhere in between. Were you still bonafide at Dec 2006? If so, then 10yrs card was ok.

      What is the real date that the marriage stopped ? Was it after Dec 2006? if so, that would be ok. Why not list the real date that the marriage ceased to be working?

      Your lawyer was trying to invoke the 2year seperation period that Pa needs to seek the divorce. Pennywise and pound foolish in this case because it can get your greencard revoked, and your marriage looked at as a sham/fraud.

      It was better to be honest and list the real date of the failed marriage. If it was 2006 June, then so be it. You would have to go back and file a 751 waiver and include the same evidences and wait for approval.

      Once you get the divorce final decree (after the 2 yr seperation) then you will take the decree to domestic relation family division and request that the spousal support be stopped as of that date. She will only get it forever if you do not take in the decree and ask for it to stop.

      What was the date listed on the spousal support order for seperation date? If she listed June 2006, then this is your answer, and you will have to deal with it.

      Comment


      • #4
        Thank you for your detailed response. My wife is a PA resident and moved to Ohio for school.I was paying her bills till Jan 2008. There was never a official separation date between us. I am paying spousal support since Aug 2008.
        I got my green card in Dec 2006. I moved to Florida in June 2006 after filing 751. In January 2007 my wife emailed saying that our marriage is over. As I mentioned I was paying all the bills till Dec 2007.
        She mentioned in the phone that she does not want to come to Florida to live with me. But there was no proof.Can I Jan 2007 as my separation date. Thank you

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by laks:
          Thank you for your detailed response. My wife is a PA resident and moved to Ohio for school.I was paying her bills till Jan 2008. There was never a official separation date between us. I am paying spousal support since Aug 2008.
          I got my green card in Dec 2006. I moved to Florida in June 2006 after filing 751. In January 2007 my wife emailed saying that our marriage is over. As I mentioned I was paying all the bills till Dec 2007.
          She mentioned in the phone that she does not want to come to Florida to live with me. But there was no proof.Can I Jan 2007 as my separation date. Thank you </div></BLOCKQUOTE>



          You are a quick study. Jan 2007 is perfect. Still you have to see what she used as seperation date at the courts. Have your attorney redraft the divorce seperation date by amending the divorce.

          You are treading thin on this ice... just so you know. make sure there is every evidence that you were in this marriage until jan 2007, or you will be discovered when you apply for citizenship at the 5yr mark. they will look at the divorce papers and look at the seperation date.

          Comment


          • #6
            Thanks 4NOW for your reply. So I should ask my attorney to change it to Jan 2007 instead of July 2006. I have to answer same thing in the discovery process sent by my wife's attorney.

            Comment


            • #7
              You can be deported if USCIS finds out about your divorce.

              Comment


              • #8
                But I did not have divorced yet. In PA you can claim for divorce if you are separated for 2 years. Thats what my attorney is trying to do which may be risky as it is overlapping with I 751 application time. But I guess it should be OK if its after Jan 2007.
                Please let me know if I am wrong. I donot take any risks now.
                Thank you

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by laks:
                  But I did not have divorced yet. In PA you can claim for divorce if you are separated for 2 years. Thats what my attorney is trying to do which may be risky as it is overlapping with I 751 application time. But I guess it should be OK if its after Jan 2007.
                  Please let me know if I am wrong. I donot take any risks now.
                  Thank you </div></BLOCKQUOTE>


                  Jan 2007 date is ok as long as that is the truth. Did you change to a Florida drivers license and have evidence showing that you moved during that six month period? this is a paper trail just so you know.

                  It is not that you have to wait two years to be seperated to file for divorce. You could have filed at any time. If she was willing to sign it could have been over within 90 days. It is only if she contested it, or refused to sign that you had to wait the 2 yr seperation period.


                  How was your wife able to get spousal support? Was she sick/temp disabled? I am surprised that she was able to get it because the divorce was not filed. Sounds like your attorney was asleep.

                  Comment


                  • #10
                    Quick Study??? Too Quick!!!
                    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 y

                    Comment


                    • #11
                      Thanks for our reply. I have my pay stubs starting from June 2006. Actually we filed together IRS returns for 2006 together. My wife is a student and her parents support her education and I support all her utilities. Actually she filed for Divorce in June 3008 and got APL as she is student. I have to give 40 percent of my pay to her and have to pay 500 USD as her attorney fee. My attorney looks like is dumb person but I cannot change him in the middle of game.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by laks:
                        Thanks for our reply. I have my pay stubs starting from June 2006. Actually we filed together IRS returns for 2006 together. My wife is a student and her parents support her education and I support all her utilities. Actually she filed for Divorce in June 3008 and got APL as she is student. I have to give 40 percent of my pay to her and have to pay 500 USD as her attorney fee. My attorney looks like is dumb person but I cannot change him in the middle of game. </div></BLOCKQUOTE>


                        What exactly is it that your attorney is fighting in court?

                        Like I told you, they required a divorce to be filed for her to get APL, so this makes sense.

                        All you have to do is to agree to the divorce that she filed and be done. When the divorce is final, in person you must take the decree to the court and request the case be closed. Otherwise arrears will continue to be charged and accumulate.

                        You were served with the divorce papers in June 2008. You can look at the papers and see what date was used for seperation. If she used any date before january 2007, then you are toast.


                        It does not sound to me like you need an attorney. Everything has been done by her and you have agreed to her attorney fees and amount to pay.

                        Comment


                        • #13
                          One more thing

                          Did you have your attorney when you went to master for the support hearing or did you agree at conference to the terms of support?

                          If you went to court with your attorney and he allowed you to get ripped for 40% of your pay, then you should not be using this person. There are guidelines that get used to attain this number, but the Master can go outside of the guidelines if a proper case is made why he/she should not use the guidelines as they exist. In your case length of marriage being so short would have allowed a lesser award to her.

                          She has asked for a divorce. There are no assets and you have already agreed to her attorney fees. Has she asked for alimony in the divorce? When exactly did you get married to her?

                          If she has, the apl can be used as credit towards alimony awarded.

                          for your taxes for 2008, you can take a deduction for the amount paid into her for the apl. She must claim what you paid her as income on her return. You will file Married filing seperatly.

                          The key here is the date that she used on divorce papers filed by her.

                          Comment


                          • #14
                            I feel that having an attorney made more harm to me. My wife asked for divorce saying that marriage is irretrievably broken. she asked me to pay APL, equitable distribution of wealth and her attorney fees. I paid my lawyer about 8K till now.
                            He was telling from the beginning that I have to be aggressive and file for separation and then divorce otherwise she will sit on it forever.
                            Their attorney also sent me several interrogatories about30 pages twice to scare me. I do not if I can change this attorney now at this stage. I am just waiting some thing to come about this separation date. Their attorney will argue that we separated in Dec 2007 instead of Jan 2007.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">In January 2007 my wife emailed saying that our marriage is over. As I mentioned I was paying all the bills till Dec 2007. </div></BLOCKQUOTE>


                              I see. the argument by the other side is that seperation did not occur until Dec 2007. Again, I ask you what does the divorce paper say as date of seperation.


                              You did keep this email. correct?

                              Comment



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