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  • divorce & I-751

    Hi everyone!

    I have two questions regarding divorce and removal of conditional green card(residence):

    1)Does the date of separation (the one that was filled out in the divorce papers) affect the removal of condition when filing I-751?

    2)If the divorce decree shows it as "contested", can it somehow affect the decision upon removal of conditional residence?

    Appreciate you help.
    Thanks!

  • #2
    Hi everyone!

    I have two questions regarding divorce and removal of conditional green card(residence):

    1)Does the date of separation (the one that was filled out in the divorce papers) affect the removal of condition when filing I-751?

    2)If the divorce decree shows it as "contested", can it somehow affect the decision upon removal of conditional residence?

    Appreciate you help.
    Thanks!

    Comment


    • #3
      Geez; another one !

      have two questions regarding divorce and removal of conditional green card(residence):

      1)Does the date of separation (the one that was filled out in the divorce papers) affect the removal of condition when filing I-751? No effect whatsoever (learn English please; it is effect, not affect)

      2)If the divorce decree shows it as "contested", can it somehow affect the decision upon removal of conditional residence? No effect whatsoever.

      If you can provide the required evidence of a bonafide marriage or play the abuse angle or if your spouse is dead, your conditions can be removed. If not, you can marry another idiot.

      The only thing that will effect an I-751 would be a finding of fraud. Fraud can be found if it is the basis of an annulment. I don't think it is the basis for divorce in any state. Other possible ways to find fraud would be if you admitted it in front of an immigration officer (people have actually done this), or if there is substantial evidence of fraud through testimony or other ways. About 99.999 % of I-751's are not found to be fraudulent although about 5 % are denied and the applicant has to remarry someone else.

      The award winning website imbra.org has excellent stories of how women were able to get the police to shoot their ex husbands and even extort thousands of dollars from them.

      Comment


      • #4
        which state is lonely heart in?

        Comment


        • #5
          1. While the date of separation is not necessarily material to an approval or denial, the date of separation *could* conceivably impact a decision on removal of conditions, if the parties were successful in adjusting status relatively quickly after marriage and then lived separately for a significant portion of the conditional residency period. As such, evidence of the bonafides of marriage might be in limited supply.

          2. Logic would suggest that if the US citizen spouse contested the divorce, barring any other evidence to suggest impropriety, then a denial on the basis that the marriage was not bonafide might be a little more rare, although not impossible.

          Alternatively, if the alien contests a divorce petition filed by the US citizen, this may not be as true.

          1)Does the date of separation (the one that was filled out in the divorce papers) affect the removal of condition when filing I-751?

          2)If the divorce decree shows it as "contested", can it somehow affect the decision upon removal of conditional residence?
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            you women need to know that not all USC guys are j e r k s!!!

            You need to sample.

            Comment


            • #7
              Lonely heart,
              I'm not sure why you are asking about the date of separation. I can't recall a question like that on the form I751. Is there another reason you are asking?

              The divorce decree will show the date the marriage was terminated. The date the judge signs the Consent Judgment of Divorce will be the date used for immigration purposes.

              As to why he might change to agree with your date of separation, I could only speculate that he might have been thinking that an ealier separation might limit any potential liability he may have to debts/obligations/costs that you incurred.

              You need to have evidence to show that you co-mingled your financial and social lives to file for the waiver. This often involves documents of shared banking, tax reporting, living together in a residence and handling living costs jointly. The earlier the date you did not do that, the more limited the evidence is that you can show to support your waiver.

              Restraining order???? You never mentioned this. Was he physically or emotionally abusive? Did you file police reports?
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment


              • #8
                deep is such a sleazebag

                Comment


                • #9
                  The USC should send a copy of the divorce complaint to the USCIS along with a letter withdrawing sponsorship. When the divorced immigrant applies to waive the I-751, they will see when the actual separation took place.

                  Comment


                  • #10
                    Huh? The USC cannot withdraw sponsorship per the I864, and if you meant withdrawing a "petition", that can't be withdrawn once adjudicated, either. The I485 is already adjudicated.
                    Separation, unless legal, is not an issue.
                    The USC should send a copy of the divorce complaint to the USCIS along with a letter withdrawing sponsorship. When the divorced immigrant applies to waive the I-751, they will see when the actual separation took place.
                    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                    Comment


                    • #11
                      I've talked to the USCIS many times regarding my divorce, and I was always told I needed to send my divorce complaint to them, with a letter explaining how long we were separated, and my husband's new address. They told me the date of the 'end' of the marriage is when the first party files for divorce, not the date on the divorce decree. You can call to speak to an immigration official, but unfortunately, you might get conflicting answers depending on who you talk to. So even if an immigrant tried to prolong the divorce in an attempt to make it appear that the marriage lasted longer than in reality it did (through coercion and unnecessary trial dates), USCIS will have the date of the divorce complaint to go by.

                      Comment


                      • #12
                        juicyfruit,

                        Information received from USCIS via the 800 line is not consistent. Hopefully, you're referring to a conversation you had with someone other than a customer service representative.

                        You don't say whether you are an alien or the US citizen, nor do you specify what stage in the process you are speaking of. My first comment would be that the date determined to be the 'end' of the marriage is normally when the divorce decree is signed, as any party can reconcile beforehand and the marriage is considered still valid. However, for immigration purposes it would also depend upon which party filed for divorce and whether the separation occurs prior to AOS, prior to removing conditions or prior to filing for naturalisation.
                        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                        Comment



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