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  • nervous about estranged immigrant husband

    hi, i am an usc. my estranged spouse will not sign our seperation agreement until he sees another immigration lawyer.
    this is what he has told me. his I-751 needs to be sent in in 4 weeks. i am not signing since we no longer live together. he told me he is getting an extension on his I-751. is this possible? also- how do i know that he is not saying that, is there any way to see if he is filing a hardhip, or accusing me of cruelty. i just want out of this marriage. he has threatened me before with cruelty. he will do whatever he has to to get his gc. my 2 questions are
    1. can he really file an extension of his I-751?
    and
    2. can he file something tarnishing me like cruelty without my knowledge? how can i check? thanks

  • #2
    hi, i am an usc. my estranged spouse will not sign our seperation agreement until he sees another immigration lawyer.
    this is what he has told me. his I-751 needs to be sent in in 4 weeks. i am not signing since we no longer live together. he told me he is getting an extension on his I-751. is this possible? also- how do i know that he is not saying that, is there any way to see if he is filing a hardhip, or accusing me of cruelty. i just want out of this marriage. he has threatened me before with cruelty. he will do whatever he has to to get his gc. my 2 questions are
    1. can he really file an extension of his I-751?
    and
    2. can he file something tarnishing me like cruelty without my knowledge? how can i check? thanks

    Comment


    • #3
      1. From the stories of others who posted here, yes, it can be done. Though, you should NEVER sign another petition with him. If you do, you are committing a fraud because you are now separated. He'll have to file I-751 waver himself.

      2. Yes. It is possible for him to file a petition based on a battered/abused spouse. Obviously, he has to provide evidences that support his claim.

      Comment


      • #4
        Why should he file a battered spouse petition?
        He can file for the removal of the conditions by him self with a divorce degree.
        Or are you one of those angry spouses who's feelings got hurt and therefore want to send him back to his country?
        I agree with Templar, you should not file the I- 751 together, since you are separated, but what would be the problem, if he would file it by himself?

        Comment


        • #5
          thank you for your replies.
          and no, i am not bitter. i just want out. i want to sever all ties. i am doing it friendly. i am the one that did the research that found out about the waiver. i have even found him lawyers. i am done doingthings for him. he should be doing the research. he is still looking for a lawyer. his i751 has to be mailed in 4 weeks. i got the separation agreement drawn up 2 months ago. it said no fault divorce. i was being very nice. he siad he would sign so that we could expedite everything and have it finalized by may. now, he is waiting to find another lawyer. i'm wondering if he is stalling because he filed something else. i was never cruel or anything to him. i can't say the same about him. i wish him no harm. i just want him out of my life.

          Comment


          • #6
            and believe and thank you, i will NOT be signing a joint i 751. we have been living apart for well over a year and will not sign any more papers

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jett:
              and believe and thank you, i will NOT be signing a joint i 751. we have been living apart for well over a year and will not sign any more papers </div></BLOCKQUOTE>

              Good for you! Sounds like you've got your head on straight and I hope everything works out.

              Comment


              • #8
                Jett,

                Don't worry about that stuff too much.
                It seems like, you do the right thing.
                I don't think it would do you husband any good to go for the battered spouse petition.
                First, he would have to prove physical abuse and/or extreme emotional abuse( and the standard for extreme emotional abuse are ridiculously high and very difficult to meet).
                This petition costs $ 190 .
                Then, if it would be approved (where I could not imagine why it should be), he would have to file all the other papers – in his case the removal of the conditions- anyway and pay for that.
                The battered spouse petition doesn't grant you a GC or anything, it is just a permission to file the papers on your behalf instead of having a sponsor.
                I don't know if you still talk to him, but perhaps you can tell him it would be faster, easier and way cheaper to just file the I- 751 without you and without any other petitions, since it is possible to do so.
                I wish you the best

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Vegado:
                  Why should he file a battered spouse petition?
                  </div></BLOCKQUOTE>
                  Because there is a high risk of denial for I-751 waver and they'd like to have other options. Just a short time ago, we had a poster who was considering to do just that. His lawyer recommended him to file a battered spouse petition (based on some rubbish claim of mental abuse), and the lawyer set him up a meeting with a psycologist to manufacture "proofs."

                  It's one of the fairly common strategies. They have an option to file I-751 waver later if the pettition based on extreme cruelty fails.

                  Comment


                  • #10
                    Templar,

                    Thank you for your explanation, I understand the point you try to make.
                    But in this particular case, I don't think he would get very far with filing an I- 360.

                    It seems like that this couple is married less that 2 yrs, since the removal of the conditions is just coming up. They are separated a little bit over a year. That leaves less than a year of marriage.
                    Since I have a hard time, seeing any kind of physical abuse happening, the whole I-360 would have to be based on extreme emotional cruelty.
                    And this is what is difficult to proof, since they were just married less than a year. It is not just emotional cruelty- it is extreme emotional cruelty.
                    To get that approved you either had to endure this cruelty over several years (does not apply in this case- not married long enough) or must have been a one- time- so- extreme- cruelty, that a divorce is the result of that. But then usually the victim – in this case the husband – would file for the divorce, but how I understand the OP, she filed for it.

                    I can't see how he would get through with it, and therefore why he would even try.
                    I don't know how often battered spouse petitions are filed by men, would be interesting to know, and how good the chances are to get them granted.

                    To file an I- 360 by your self is not recommended, so he would need to hire an attorney for that.
                    I don't know the approval rate for I-751 filed separated, but just by reading on this board, it didn't seem to be to difficult, a lot of the petitions got approved.

                    I think he should go the rout of the I-751, since this it the right way (it seems like an I 360 would be based on a lie), it is faster and cheaper

                    Comment


                    • #11
                      we were married for a lil over 3 1/2 years. thanks for all of teh advice. i am not sure why he is stalling signing my seperation agreement. he has had a month to show to a lawyer. it says the divorce is no fault and divides the assets up. i want him to sign so that i can keep my stuff that i have attained. i do not know why he is stalling....that is why i was getting nervous

                      Comment

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