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Plight...I751..legal remifications

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  • Plight...I751..legal remifications

    I have been reading the posts on the discussions
    I posted.. we are in a hard situation. If I
    do not file the I751 with him, he can possible
    be put into removal proceedings. He was out of
    the country and I have NOT heard from him. So
    upon his return I do not know if he is coming
    back home (our house) or moving in with friend.
    If he moves in with friend....this will be too
    much for me and too ugly..... so I am weighing
    all possibilities.....it's a very hard time for me. I hope he comes home and he and I can
    discuss our situation...and solutions.....I
    just need advice and insight into this plight.
    ...if it happens that there is no contact....
    i should file for divorce.....on grounds of
    abandonment and adultery. he seems to have
    dug his own grave.....this is sad to me...
    ...i have printed the comments on my posts and
    read them .....I appreciate it.
    ...I am upset and scared. So any advice?

  • #2
    I have been reading the posts on the discussions
    I posted.. we are in a hard situation. If I
    do not file the I751 with him, he can possible
    be put into removal proceedings. He was out of
    the country and I have NOT heard from him. So
    upon his return I do not know if he is coming
    back home (our house) or moving in with friend.
    If he moves in with friend....this will be too
    much for me and too ugly..... so I am weighing
    all possibilities.....it's a very hard time for me. I hope he comes home and he and I can
    discuss our situation...and solutions.....I
    just need advice and insight into this plight.
    ...if it happens that there is no contact....
    i should file for divorce.....on grounds of
    abandonment and adultery. he seems to have
    dug his own grave.....this is sad to me...
    ...i have printed the comments on my posts and
    read them .....I appreciate it.
    ...I am upset and scared. So any advice?

    Comment


    • #3
      You should not let him move back in. You must not allow any "discussion" to take place. You can and must divorce him or get an annullment without his consent and of knowledge and sue for any monetary damages. You should notify BCIS that you are divorcing him or annulling the marriage and that you did not knowingly participate in a fraudulent marriage. You should then forget this guy and move on with your life. Good luck !

      Comment


      • #4
        Nireehamdi:

        Some time has passed since your last post, unless I missed something. Did you not discuss repairing the relationship with your husband, prior to his trip? And what leads you to believe that he will not return to the marital home? The "friend" you refer to is the girlfriend, is that correct?

        Have you checked the grounds for divorce in your state? Are you in a no-fault divorce state? Are there any separation requirements prior to divorce in your state?

        Comment


        • #5
          Yes....I have been attempting to repair or
          reconcile us. I have not had much cooperation
          from him. I hope we can try together when he
          gets back. The friend is his girlfriend. On
          returning to his marital home...it's just a
          strong gut feeling I have...so i'm not sure. However, I did not take him to the airport
          as I usually do.....his girl friend went with him to airport...and I think she has his car parked at her apartment.....I have not heard from him...he said he would be 3 weeks which is
          about the 24th of this month....but truthfully,
          i do not know if he is in town or not.
          ..I still want us to repair or try to....but
          if he doesn't return to our home...I have no
          choice...I guess i need to contact...ins....
          no separation requirements in our state...I will
          have to check divorce laws.....

          Comment


          • #6
            Before this..I knew nothing about fradulant
            marriages....it is so very ugly and degrading....
            and it hurts so much.

            Comment


            • #7
              Are you some kind of idiot ? There is nothing to repair. It's over. You were defrauded. You need some psychiatric help.

              Comment


              • #8
                No, not an idiot yet....foolish yes....I am
                afraid of what will happen to him and to me....
                immigration wise....I don't know.

                Comment


                • #9
                  Nireehamdi:

                  How soon would you be required to file the I751? (typically filed 21 months after the date he received his temporary Green Card through marriage to a USC).

                  If he does not return to the marital home and chooses to move in with the girlfriend, he will naturally not be able to accrue additional evidences to support the existence of a prevailing marriage, and depending upon what you wish to result from this, you could consider separating all banking at this time.

                  Nothing will occur to you with Immigration as a result of your husband's actions. It is he who might encounter hurdles, dependent upon where in the process he is at this time and what you are inclined to do.

                  Comment


                  • #10
                    the I751 should be filed about Nov. 25, 2005, about
                    3 months before this date. He said something
                    about 5 years...I guess for citizenship....the
                    actions are all on his part. Emotionally,
                    I cannot take much more of this...I am a very
                    stable person...but this is too draining.....
                    I'm trying to figure out what I am inclined to do..
                    if he goes with girl friend....then it's done...
                    I hope he comes home and we try to work on us...
                    i'm wishful thinking.

                    Comment


                    • #11
                      Nireehamdi:

                      No one can really advise you on what to do in this situation, and at the risk of repeating myself, let me simply state the options.

                      It appears evident that you wish to save the marriage, but you cannot do without his cooperation. That said, unless you establish some boundaries and consequences, nothing much will change for you. Even if you do establish those, the marriage may not be salvageable, anyway. This all depends upon your husband's mindset and intentions.

                      The filing of the I751 in August of next year gives you ample time to decide what you wish to do, but taking neither steps to improve nor dismantle the marriage in the interim is only perpetuating your level of stress and discomfort.

                      If you do reside in Louisiana, as your ILW registry information suggests, have you lived there for at least a year? Also, there is a waiting period of 6 months after filing, before the divorce will be finalised.

                      Here is some more information on Louisiana Divorce law:
                      LEGAL GROUNDS FOR DIVORCE: No-Fault: That a spouse desires a divorce is a grounds for divorce in Louisiana. There are no requirements to show marital breakdown, fault, living separate and apart, or any other basis for a divorce. After the filing of the petition, the divorce will be granted after a period of 180 days has elapsed from the filing date and if the spouses have lived separate and apart since the filing of the divorce petition. Reconciliation is essentially the only defense to a divorce sought on these grounds. [Louisiana Civil Code Annotated; Title V, Article 102].

                      General: In the case of a covenant marriage: (1) That the spouses have been living separate and apart for a period of 2 years or more on the date of filing the petition; (2) that the other spouse has committed adultery; (3) that the other spouse has committed a felony and has been sentenced to death or imprisonment with hard labor; (4) physical or sexual abuse of a spouse or child; (5) abandonment for 1 year or more; and (6) living separate and apart for 1 year or more after a legal separation. [Louisiana Civil Code Annotated; Title V, Article 103 and Louisiana Revised Statutes; Section 9-308].

                      Also, just a note of caution. A marriage which breaks down due to adultery or whatever, is not necessarily a fraudulent marriage. USCIS determines whether a marriage is fraudulent, from the intent of the alien at the point of entering the marriage. This, of course, can come to light afterwards and demeanour in the ensuing years can shed light upon intent. If your husband has declared that he intended to use you for the Green Card, in order to prove that, you would need some compelling written information or evidence.

                      Comment


                      • #12
                        I appreciate your comments...if he moves to
                        girl friend's....should I notify immigration of
                        his change of address? They should be notified..
                        ....yes....we do have ample time... I do need
                        his cooperation....

                        Comment


                        • #13
                          Your husband is not a child. Surely, he can file the AR-11 himself. If he fails to do so, there are consequences. It would be my recommendation that you need only alert him to make sure he follows appropriate protocol, without giving him details. He needs to learn to fend for himself. Perhaps once he begins to take matters into his own hands, he will begin to appreciate the complexities of the immigration process and realise what lies ahead for him.

                          Comment


                          • #14
                            Hi Nireemhamdi

                            What is it that you want. Do you just want to keep talking about this here with us??? or take action. You say you are not an idiot... No you are not an idiot.. That still remains in your power yet.

                            I am convinced now that you need professional help to help you sort out your self esteem problems from this to help you come to conclusion as to what decision you will take.

                            Niremhamdi, you lived with this man for 4 years before you got married. He was merely a child and needed you to take care of him. Now he is a man... a man with a greencard. He doesnt need you anymore. . or so he thinks b/c he is young with foolish thinking. This doesnt say it is fraudulent marriage. He was just immature and disrepecful. But on the otherhand.. you are not getting any younger.. the clock is ticking 4U. This process could tie you up for another 3 years in total to help him along. In three years a lot could change and you will be 3yrs older with less offers coming your way.

                            Now if it is just that you are attracted to young ones... there are 1000 young/attractive aliens out there looking for a Niremhamdi. No problem for you to find a new man like that to get married again. Expect to get 2 or 3 years out of it.

                            Wake up.

                            But let me play Dr. Shrink 4 a moment....

                            Answer me these questions.

                            1.Can he be sucessful with H1B petition from employer as he told you? if so this is his solution if he no longer wants to be with you.

                            2. Give this one serious thought.. Do you want him to lose his papers and be put into removal proceedings? DO YOU WANT THAT as I know you love him?????

                            3. If he does not return to you and continues with the girlfriend... do you want him to lose his papers?

                            4. Are you willing to wait the next 1 1/2 yrs to take this emotional abuse and still sign the 751?

                            Answer these questions 4me pls

                            Comment


                            • #15
                              Wait; who's an immigrant ? You are him ? Why would YOU be concerned about immigration ? Sounds like you are lying to us, are a complete retard or are in emotional shock ! ASSUMING that youa are in emotional shock; lets make 3 things clear

                              1. He defrauded you; used you for a green card
                              2. He does not love you; never did
                              3. He is banging his girlfriend and laughing at you

                              At this point you should be angry; very angry; and you should do things to protect yourself from further harm. Don't worry about his immigration; he has it all figured out. No one has ever been denied an I-751 waiver petition; ever. If you were being honest and wanted to protect America, you would WANT him to lose his green card so I suspect you are lying to us about something. Maybe you cheated. Come clean.

                              Comment



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