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Divorce Proceedings and failure to submit I 751

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  • Divorce Proceedings and failure to submit I 751

    Iam supposed to submit for For i 751 ,conditional green card removal in sep next year unfortuanately Iam having hard time with wife ,as my wife is threating me every day that she wants divorce and wants to take my child from me amd keep with her parents place only.
    presently my child is at my wifes parents home as we both dont stay at home during day time.My divorce wont be easy it may take long time and lots of money which i cannot afford now.What will be the option for me if divorce is under proceedings during i751 submittal time,I cannot apply for any waiver.

    My inlaws are wealth they may do anything to spoil my status in usa and get deported to my own country.Is there any way I can get the help from family attorneys with out paying much money or any websites like this where i can get legal advice .I have many questions like
    If I end up in going for a divorce how can I prevent paying lots of money as alimony ,or child support.If I have to split up how much money I will be loosing.How much money in general I have to spend for attorney..Whats the best approach for.How is your firm going to help me if become a member .Do you have any suggestions for me.
    Do I have to see separate immigration and family attorney or can I manage with just one attorney.
    Thank you Very much for your advice

  • #2
    Iam supposed to submit for For i 751 ,conditional green card removal in sep next year unfortuanately Iam having hard time with wife ,as my wife is threating me every day that she wants divorce and wants to take my child from me amd keep with her parents place only.
    presently my child is at my wifes parents home as we both dont stay at home during day time.My divorce wont be easy it may take long time and lots of money which i cannot afford now.What will be the option for me if divorce is under proceedings during i751 submittal time,I cannot apply for any waiver.

    My inlaws are wealth they may do anything to spoil my status in usa and get deported to my own country.Is there any way I can get the help from family attorneys with out paying much money or any websites like this where i can get legal advice .I have many questions like
    If I end up in going for a divorce how can I prevent paying lots of money as alimony ,or child support.If I have to split up how much money I will be loosing.How much money in general I have to spend for attorney..Whats the best approach for.How is your firm going to help me if become a member .Do you have any suggestions for me.
    Do I have to see separate immigration and family attorney or can I manage with just one attorney.
    Thank you Very much for your advice

    Comment


    • #3
      Ven,

      You have a lot of questions...I will try to help, but I am not a lawyer.

      You can file the I-751 alone if you are divorced as long as the marriage was bonafide.

      Are you sure you want to get divorced?

      How long have you been married?

      What is your visa stat now?

      You will most have to pay child support.

      If you live in a no fault state and your wife is willing to go ahead with the divorce it might not be that expensive, maybe $1000 to $1500. However, since you are not a US citizen you should consult an immigration attorney before you do anything. Many lawyers specialize in both family and immigration law. A lot of lawyers will provide a free consultation and if they don't going to talk to one won't be very expensive.

      This forum has live chats with lawyers from time to time, there was one this past Monday. you can also search this site for an attorney, some of which you can send a question via e-mail.

      You could probably get more detailed answers by posting more specific details about your situation. Many members on this board are very knowledgable.

      Good luck!

      Comment


      • #4
        Dont waste your time with those lawyers who come to chat here, they are totally useless. Before they answer one question, time is up.

        Get a real lawyer and meet to discuss your case.

        DONT ACT BEFORE TALKING TO AN IMMIGRATION LAWYER. YOU WILL REGRET ANY SUCH ACTION YOU TAKE.

        Comment


        • #5
          Thanx,Bigdummy for your quick response and suggestions.Iam on conditional green card.Initially I thought that I dont want to give divorce on my own as i came dependant on her,But she is getting very depressed and very attention seeking and she says that she will divorce me or she will kill herself.I came to know that she has suicidal tendencies in the past thats why iam thinking if she wants divorce from i will give it to her.if do the worst thing can happen is I may lose the case and deported ,but I cant be be unhappy whole life with some with suicidal tendencied and personality disorder.
          I dont bother much about paying child support after she is my daughter and its my duty to take care of her.
          So you mean $1500 for child support or for attorney fees.I dont think the fees will be such less.because by inlaws may drag the case too long time as they want to giv all kinds of problems to me.
          I live in Ohio .
          Is it going to matter who wants to divorce for immigration.
          Thank you very much for your input

          Comment


          • #6
            Ven,
            You say you dont care about paying support which is good, but you need to know most women use child support money to make their (women's) hair, buy expensive underwear for their boyfriends to like and buy gas for their boyfriend's car.

            So dont think all the money will go to your daughter. You have no control how the money is spent, your work is just to pay!

            About suicide, why are you worried about your wife killing herself? People who threaten suicide never do it and in any case, that would make your I-751 easier since you will now be a widower. Its easy to remove conditions that way.

            You need to relax and wait things out or do a legal separation first then divorce as soon as you are separated for a while, but dont let the court slap you with child support because most of the money wont go to your child ok?

            Comment


            • #7
              Child support is ordinarily determined by the Court relative to your earnings. Alimony is also handled in the same way and most likely would not apply in your case.

              Ohio, it seems, is an equitable distribution state and one which acknowledges both no-fault and fault grounds. The expense for a divorce is dependent upon whether the parties can arrive at an agreement on the division of marital property and custody of children. If these issues are not contested, then a no-fault divorce should not cost too much to finalize. That is, unless your wife or you claim grounds for the divorce.

              Once a decree is available you can file a waiver of the I751 immdediately, if you have strong evidence of a bona fide marriage. If the deadline arrives and you are not yet divorced, you cannot file the waiver and should advise your Service Center that you are separated and, hopefully, in the final stages of divorce proceedings.
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment


              • #8
                Thanx for all your suggestions friends.Marasmus I knew people who say that they commit suicide they wont do,but when they say 100 times then they mean atleast one time.If it happens Then i fear That my inlaws may say that i abused her,which i dont want to hear from them. I prefer my bay with her ,so that she wont comit suicide and her parents and she will be happy atleast happy that they have baby.Hope fully the money I send to baby use appropriately.

                I dint have much idea what do you mean by equitable ditribution state if you mean the money we have in our account.Initially their parents helped me but later once I started earing I take care of all her exoenses and our childs.But during our income tax filings i came to know that she has quite a no. of shares and and money which her parents gave it to her.I never asked anything about thta money, or how is it taken care of.So equitable distribution means they will be more worrying than me,I guess.Any Way iam not aimig for her money,if its just for money means i would have lived just like a slave to my wife and my inlaws and try to please them always,which i cant do.So I wont contest.
                But my inlaws may be willing to contest just to give me hard time.specially they will try every possible way to send me from this country so i wont have access to my baby.
                Thanks friends for your ideas.Let me me know if you have any other thoughts

                Comment


                • #9
                  If you have evidence to support a genuine marriage, despite threats from the in-laws to the contrary, they can't have you deported. The in-laws may make allegations to USCIS, however, they play no role in your immigration situation. Your wife, on the other hand, could cause a wrinkle or two if she were to allege fraud, but this could be overcome with the appropriate documentation of a valid marriage.
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment


                  • #10
                    sappyconifer
                    Thanx sappyconifer ,Mine is a genuine marriage with ,as i have said we have a baby too.This is our third year of married lifewe have necessary documents to prove our marriage.I ahve questions i would be glad if you can put your input,Doest it matter for immigration who filed for divorce and same thing for alimony.
                    too.Eventhough my wife has some investments on her account along with her parents ,She is dependant on me aftre marriage,so we never used her funds.My wife may stop her school and she may not do any any job,does it mean i have to pay more money to her during divorce prceedings.Does the immigration wis going to give me the time if my wife and inlaws are prolongig the divorce case in court.Does it affect my employment.
                    Please let me know if you hace answers for this.Anyway i appreciate your input.

                    Comment


                    • #11
                      The court arranges a particular schedule and when delays occur, the court can impose sanctions if either side fails to honor deadlines or respond in a timely manner.

                      The court can demand that your wife receive some sort of temporary support from you if she will not be able to work after the divorce because she has an infant to care for. The divorce should not have an effect on your employment. The court may require any mandated payments for child support appear as a direct deduction from your paycheck. If this is the case, this information will be sent to the employer to make sure that you are in compliance with the court order.

                      A waiver of the I751 is supposed to be filed before the conditional green card expires. The regulations state that failure to do so means that the immigrant will lose PR status and will be subject to removal. USCIS has the discretion to accept a late filing if the reason for delay was due to no fault of the immigrant and is within a reasonable time frame. Don't plan on this. Do your best to wrap up this divorce so that you can file as soon as possible and it can be processed by USCIS before the green card expires.
                      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                      Comment


                      • #12
                        Thanx sappyconifer,you seems to know a lot.I apprecite your advice.Some times I just hope my wife may change.But its not happening.May be Iam prolongig The inevitable thing.Can you tell whether I can Apply for waiver saying extreem cruelty.Of course my doesnt do any physical abuse,ut mentally she does to me,which has lot of effect on my work.Can I try for this if my wife doesnt sign I 751 at the due date. thank you very much.

                        Comment


                        • #13
                          I know immigrants who would do anything to stay here. This is- including the baby. So now your decision is going to affect 3 lives.
                          You should pack your bag and go back where you belong.

                          Comment


                          • #14
                            why all of them say they marry in good faith and later "something" does not work out? This "something" is probably another woman in the picture.

                            Comment



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