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Joint I-751, but my alien husband intends to divorce me USC

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  • Joint I-751, but my alien husband intends to divorce me USC

    I am still unclear, perhaps I don;t really understand the law. Perhaps someone can answer this question.
    My alien conditional resident husband and I filed a joint I-751, but since filing has suggested that he wishes to end our marriage, but I do not and we live in a "No Fault" divorce state. He hasn't filed for divorce yet, and I suspect it is because he wants to get the PGC first, although I believe it will be about 10 months before he does.
    1. Can he remove the joint I-751 and refile, and if so on what basis?
    2. Can he divorce me before receiving his GC? and if so, should I infrom BCIS that we have subsequently divorced after filing I-751?
    3. Can he submit anything at this time while divorce is not yet settled, to support this joint I-751, and therefore get past the bona-fide marriage requirement?

  • #2
    I am still unclear, perhaps I don;t really understand the law. Perhaps someone can answer this question.
    My alien conditional resident husband and I filed a joint I-751, but since filing has suggested that he wishes to end our marriage, but I do not and we live in a "No Fault" divorce state. He hasn't filed for divorce yet, and I suspect it is because he wants to get the PGC first, although I believe it will be about 10 months before he does.
    1. Can he remove the joint I-751 and refile, and if so on what basis?
    2. Can he divorce me before receiving his GC? and if so, should I infrom BCIS that we have subsequently divorced after filing I-751?
    3. Can he submit anything at this time while divorce is not yet settled, to support this joint I-751, and therefore get past the bona-fide marriage requirement?

    Comment


    • #3
      If he divorces you before receiving I-751 you should inform BCIS. Protect yourself, do not leave any possibility open for the BCIS to be able to suspect that you could have participated in marriage fraud. I had to learn this the hard way.

      Comment


      • #4
        Sorry, I meant to say before receiving PGC.

        Comment


        • #5
          Becca;

          If I may, how did you learn the hard way, were you suspected in a conspiracy?

          Comment


          • #6
            Becca:

            Do you have answers to the other items I had listed, re: can he file something else like a waiver to add to our joint I-751 to ensure the PGC? or can he withdraw the joint and replace it with something else?

            Comment


            • #7
              Swissnut,

              Did you go to BCIS website about the divorce while filing for I-751? You might get the answer there. When he get his PGC, he will be safe for another 10 years without worrying anymore.

              I'm not a lawyer, pls act accordingly.

              Comment


              • #8
                Swissnut,

                I do not know the answers to your other questions. My suggestion to your 2nd question is based on a somewhat similar circumstance I found myself in, and the consequences that later happened from not having protected myself sooner. If you'd like to email me: bek796@aol.com, I can give you more details.

                Comment


                • #9
                  Becker please post answers here so that all can benefit. Thats the essence of this forum.

                  Comment


                  • #10
                    To swissnut,

                    Sometimes when I read your posts, you remind me so much to my spiteful wife. I am the alien for whom she filed the joint i-751, if the marriage did not work, was the fault of both ofus, just like your marriage. I think your purpose is just to hurt him, just because he is no longer with you, you don't want him to be with somebody else, why many women have to be this way? Why don't they realize the only thing they are doing is hurting themselves?
                    He will get away whatever path he will take, after BCIS granting him the conditional status, THAT'S IT, if the marriage was bona-fide at some time, that it did not work does not matter to the BCIS if the marriage was in good faith to begin with. Although good faith is not defined by the BCIS they assume that a good faith marriage was one where the parties entered to plan a life together... That's why they allow aliens to even apply even if they are divorced to remove the conditions.
                    The only thing is that they have not defined any procedure in order to solve the gap between the decision or interview of the i-751 if there is a divorce in the middle.
                    It seems that the only thing you want is him not to divorce you, and they you want this immigration situation just to harm him... would you be able to sleep peacefully if you damage his case? Because even if you might damage his case like him getting a negative decision on his i-751 he can appeal, and before that the immigration judge has to agree with the BCIS position.
                    Further, remember that you signed an affidavit of support for him, and that you are responsible for him even after divorce until he is here 10 years or become a US CITIZEN, so if he gets his case deported, you will be liable of any of his DEBT, and in my case, if I have to leave I will take as many credit out as I can, so far I can withdraw 50 thousand in cash advances, so my wyfe will stop from being a snake.
                    MOVE ON WITH YOUR LIFE!!!!!!!!!!

                    Comment


                    • #11
                      Basis is that do not let divorce be final ie the decree before you get the PR.

                      Separation is NOT divorce. You can separate but DO NOT DIVORCE YET.

                      Comment


                      • #12
                        Aguila 2:

                        You don;t seem to understand, and seeing as you have not yet determined that I am inded a kind person, perhaps I shall choose to consider it a matter of a language barrier. Let me reiterate some facts in my case so you can see that your comments are NOT based on a similar situation:

                        1. In my case, I am not sure that the marriage was bone fide on HIS end...NO COUNSELING, NO EFFORT TO WORK ON IT...2 COUNTS OF ADULTERY
                        2. We were not both responsible for the marriage ending, how can you say that? I am willing to work on it, have taken cousneling alone and tried to repair it. HE was not willing. And just because you think that men stray because another is at fault, is not necessarily true. There are people in this world, who are so self-centered, that the moment something goes wrong in a relatinship, they move on to another woman. And itis even more the case, when they haven't the morality to admit it to the wife, so she cen get on with her life.
                        3. I am not aware that if my husband were deported, that my sponsorhip with BCIS would continue. After all, it, as far as I am concerned is an agreement that my husband would not become a ward of the state. I don't think it has bearing elsehwere.
                        4. If indeed you are correct, in that all the BCIS is interested in is if the marriage was begun on a "good faith" basis, and if the marriage ends in divorce before the PGC, that the alien CAN GET GC on his own, then there would be NO REASON, for people who firmly believe that to be the case to wait. As in the case with my husband. The mere fact that anyone would wait until GC to then file, suggests to me that they are not certain that they could demonstrate that it was "good faith".

                        Comment


                        • #13
                          The reason to wait is simplerevent complications. If you waited 2 years to remove conditions, what wrong with waiting a few more months?

                          Comment


                          • #14
                            Swissnut,

                            If you were not sure that your marriage was a bone fide on his end you should have reported to the BCIS before the AOS interview, otherwise you are just as guilty as he is, IF the marriage was not a bone fide one.

                            Also I have been reading many of your posts before, but never took time to answer you, I have read that you wanted to call, or write a letter to report him, or you wanted to know if there was a possibility to request a 2nd interview etc... I found that attitutes from a person who lacks of love, love yourself a little bit, see you seem to be too unitelateral, may be your husband was not ready for serious commitment like marriage and that's why he does not want to work it, I am not defending him, I don't know his motivations, but whatever they are, you SHOULD NOT try to perjudicate him.
                            I am SURE that you sponsorship with BCIS will continue, read it on the affivavit of support on their website, of course if he leaves the country permanently you are not responsible, but if he leaves any DEBT you are responsible for it! they can put in your credit report.
                            Lastly, believe or not, the BCIS wants to know if the persons live together, and if there was a real marriage regardless if it work or not, they just want to hunt down people on sham marriages, people that never live together, or womans like those they caught in New York who got married 30 times.
                            OTHERWISE THEY WOULD NOT ALLOW A WAIVER UNDER DIVORCE TO REMOVE CONDITIONS.


                            To Halali:

                            I just can wait to get divorced, they will caught anyway at the time of naturalization, it does not make sense, plus she already initiated divorce proceedings against me, and threathen me not to answer her complaint, I did and sue her as well and she knows she won't win the case that is why she has to withdraw it, I told her that if she wants the divorce she could have a no-fault one (18 months of living separated in NJ) but because she wants to be harmful and spiteful she wants it now, just because I got my i-751 pending.
                            So I offer her if she wants the divorce fast, I would iniated against her under the only ground that we can use at this moment (EXTREME MENTAL CRUELTY) which will also help my case the i-751 and she wouldn't answer so we could have an uncontested divorce which would take 30 days, even with a no-fault divorce which she could initiate after living separated for 18months which would be in march of next year, she will get the divorce before the i-751 anyway so I rather initate now and under the extreme mental cruelty ground and let bcis know that I am divorced, because I can sleep well thinking that could call me on another interview and have to tell them that I am divorced etc... I'll rather notify them, because I don't have nothing to hide, it just did not work because she had a horrible personality which she hide from me and showed me after I was married.

                            Comment


                            • #15
                              Aguila save your energies, instead of using the court system. Use your brains and deal calmly with your spouse.
                              Many people think that as aliens they can outsmart BCIS. These people see people like you every day and you need to start reading the cases decided on by immigration judges.

                              Please note that the alien is in a disadvantage postion when it comes to USC because the question is: if you are not together with your USC spouse, WHY DO YOU WANT TO STAY IN USA? That is the only answer BCIS is interested in.

                              Thats why I keep quiet and become quiet and humble to my spouse until I get PR. Why become big headed when you are in the weaker position?

                              Please run that, and you will be fine.

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