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  • need help with divorce ?

    Hello--

    I am a USC but married an non USC we dated 4 years and have been married for 4 1/2 years. She had her temp green card and when it came time to renew we did- however we have split up since and are now waiting to get a divorce -- we split up on fairly good terms and I do not want to ruin her chances of getting her green card renewed-- we just didn't work out. We filed in May 07 and still haven't heard back-- we filed in Indianapolis and she since moved to Texas-- If I file for divorce am I going to ruin her chances of a green card? WE don't hate each other I just want to move on and have waited nearly 10 months. What should I do.
    Thanks

  • #2
    Hello--

    I am a USC but married an non USC we dated 4 years and have been married for 4 1/2 years. She had her temp green card and when it came time to renew we did- however we have split up since and are now waiting to get a divorce -- we split up on fairly good terms and I do not want to ruin her chances of getting her green card renewed-- we just didn't work out. We filed in May 07 and still haven't heard back-- we filed in Indianapolis and she since moved to Texas-- If I file for divorce am I going to ruin her chances of a green card? WE don't hate each other I just want to move on and have waited nearly 10 months. What should I do.
    Thanks

    Comment


    • #3
      It is your duty as an American to deport that fraudster !!!
      These people stop at Nothing !

      Death to IMBRA AND VAWA !

      God Bless America and no one else !!!

      Comment


      • #4
        Okay lost, something is missing here. She was supposed to apply to remove temporary residency at 19 months after she became a temporary resident. WHat happened?
        Has the USCIS said anything now that she filed? I will have to do some research on what happens if the person is still under temporary residency and is divorced. But I have a feeling that is not going to be good.
        However, you have been married for 4& 1/2 years so that puts a little twist in the story. THis definately needs some research and maybe a professional opinion.

        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lost:
        Hello--

        I am a USC but married an non USC we dated 4 years and have been married for 4 1/2 years. She had her temp green card and when it came time to renew we did- however we have split up since and are now waiting to get a divorce -- we split up on fairly good terms and I do not want to ruin her chances of getting her green card renewed-- we just didn't work out. We filed in May 07 and still haven't heard back-- we filed in Indianapolis and she since moved to Texas-- If I file for divorce am I going to ruin her chances of a green card? WE don't hate each other I just want to move on and have waited nearly 10 months. What should I do.
        Thanks </div></BLOCKQUOTE>

        Comment


        • #5
          Wow it has taken 10 months? OP did she receive any letters saying they received the application?

          I am wondering whether it got mislaid or something, I have never heard of someone waiting that long to hear back.

          I think she needs to get an info pass at her local office and find out where her application is and/or submit a new one or something.
          Something has gone wrong, she shouldn't wait this long to hear back.

          Maybe they sent letters to old address or something.

          Usually if you separated or divorced prior to the 2 years it could have been a problem, but in your case it has passed the 2 yrs but she has not got her 10 yr Green Card yet.

          I agree with Thoughtful, I think it is best to seek an immigration professional to see what needs to be done.

          First thing though would be best if she went to USCIS local office and inquire to what is happening with her application, if there is one still pending.
          -----------------------------------------------------------------------------------------------
          God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

          National Domestic Violence Hotline:
          1.800.799.SAFE (7233) 1.800.787.

          Comment


          • #6
            It can easily take a year.

            Once divorced, she can file independantly.

            You can apply at 21 months.

            Comment


            • #7
              It can easily take a year.

              Once divorced, she can file independantly.

              You can apply to remove conditions at 21 months.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lost:
                Hello--

                I am a USC but married an non USC we dated 4 years and have been married for 4 1/2 years. She had her temp green card and when it came time to renew we did- however we have split up since and are now waiting to get a divorce -- we split up on fairly good terms and I do not want to ruin her chances of getting her green card renewed-- we just didn't work out. We filed in May 07 and still haven't heard back-- we filed in Indianapolis and she since moved to Texas-- If I file for divorce am I going to ruin her chances of a green card? WE don't hate each other I just want to move on and have waited nearly 10 months. What should I do.
                Thanks </div></BLOCKQUOTE>


                Hello Lost

                Conclusion for wait time is fairly simple. No research or anything gone wrong with processing scenarios blah blah, nor any reason for concern.

                Well Lost, unfortunately your petition was filed with one of the most backlogged serv centers processing applications right now for the 751.
                You are going to have to make a decision because there is quite a wait ahead 4 her if you continue processing the joint petition at nebraska service center. They are Currently working on applications received July 2006.

                There are some issues if you are going to try to pull off that the two of you are still together for the joint petition.. what about the adresses? She has moved to Texas.. do you live there now? This whole thing could blow up in your faces.

                You may want to discuss with her filing the divorce if you can get it quickly for her to file a waiver 751 based on good faith marriage. she wiil need a final decree in hand to be eligible. the good news is that Texas service center is only taking about a year to process.
                Actually, had this application been filed in texas, you probably would have an approval by now.

                So talk about it with her and both decide what is best for you both,.

                Comment


                • #9
                  Thanks to those that have answered with honest answers.

                  We have been married for nearly 4 1/2 years-- we got married and she took a while to file for her green card. She was still on a work visa and didn't rush- We filed and she got her 2 yr temp card. We have filed to remove the temp condition but its taking forever-- right now we are not getting along and I am ready to get it over with but we are still friends and I dont really want her to have problems getting her green card.

                  As far as our separation-- i moved home to my parents to work a new job at our family business while she is back in Texas-- at first we thought we may get back together and i would moved back down there but thats not going to happen now.
                  Thanks again.

                  Comment


                  • #10
                    Another ?

                    We filed in Indianapolis in May of 07 She moved to Texas and did the change of address deal-- so where would our case be? STill in nebraska or would it move to texas?

                    Also does that move the case back and now instead of filing in may does it change it to Oct when she moved?

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lost:
                      Another ?

                      We filed in Indianapolis in May of 07 She moved to Texas and did the change of address deal-- so where would our case be? STill in nebraska or would it move to texas?

                      Also does that move the case back and now instead of filing in may does it change it to Oct when she moved? </div></BLOCKQUOTE>


                      Hello Lost

                      first take a look at this memo so you know proper procedure for handling your case.


                      <span class="ev_code_BLUE">NSC Flash #6-2005

                      Further Clarification from NSC on the Effect of Separation/Divorce on I-751
                      April 11, 2005 NSC Flash #19-2005

                      Revised Revision to NSC Flash #6-2005

                      Please note that additional clarification has been provided in regard to NSC News Flash #18 dated March 30, 2005 that amended News Flash #6 dated December 27th, 2004.

                      The Effect of Separation/Divorce on Pending I-751 Petitions to Remove the Conditions on Residence


                      If the petitioner and beneficiary filed an I-751 petition jointly but:

                      ~ If the petitioner and beneficiary are divorced at the time the I-751 should be filed, the beneficiary should file the I-751 (only s/he needs to sign) and mark "d" in Part 2..

                      If the petitioner and beneficiary filed an I-751 petition jointly but:

                      ~ separate before a decision is made on the I-751, the beneficiary should notify the NSC that he/she is currently separated by mailing the explanation to the NSC at PO Box 82521, Lincoln NE 68501-2521.

                      ~ get divorced while the I-751 petition is pending, the beneficiary should notify the NSC that he/she is divorced, and submit a copy of the divorce decree to the NSC at PO Box 82521, Lincoln NE 68501-2521.

                      If the petitioner and beneficiary are separated or have initiated divorce at the time the I-751 is due to be filed, the petitioner and beneficiary may still file a joint petition if the petitioner is willing to sign the petition. If the petitioner is not willing to sign a joint petition, the beneficiary is not eligible to file a petition requesting a waiver of the joint filing requirement due to divorce until the divorce is final UNLESS abuse is the basis for such a filing. The alien's status may be terminated because s/he has been unable to file a timely I-751 and s/he may be placed in removal proceedings.

                      Petitioners and beneficiaries are reminded that required supporting documentation must accompany all petitions. </span>]



                      Now if you decide to try to play the game that you are still together, then to proceed, first she will have to request that her file be moved to Texas for adjudication. (this can be risky for time and chance of losing file.. If it takes more than 4 months to move , then you will need to have congress office involved to help facilitate the move.) This may be the fastest option as it will fall into the que in a faster processing service center. Remember Nebraska is only working on applictions file in July of 2006..... Downside to this, you may be called for an interview. then you will have to travel to texas to go to interview with her. If called for interview, be prepared to answer questions about the different addresses..If you do not go, her application will be denied.

                      Do consult with an attorney if you are called 4 interview as this will put things into a different light.

                      Let us know what you decide.

                      feeling lucky and want to just roll the dice

                      Comment


                      • #12
                        I realize that I am a minority here, but everyone is so quick to throw in the towel when times get tough. I do not know the exact problems that you were having in your marriage, but it seems that you may still have a marriage to be saved. You have many years together, is there any hope that you can give your marriage another chance and redeem it?

                        Comment



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