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  • please help!!

    I get my temporary green card on Feb,2004. But now I am going to divorce.
    my question is:

    what will happen if I get married again in the US after I apply i-751 myself and fail.

    thanks a lot.

  • #2
    I get my temporary green card on Feb,2004. But now I am going to divorce.
    my question is:

    what will happen if I get married again in the US after I apply i-751 myself and fail.

    thanks a lot.

    Comment


    • #3
      You will have to face a few difficulties to prove to the INS that your first marriage was real. But as long as the second marriage is faithful, you will be okay.

      Comment


      • #4
        thank you very much! dear thuyanh! I really appreciate it.
        here is 2 more questions:
        1.is it any difference between I divorce now and wait till may,2005(I will be get married 2 years by then)? he is willing to help me if it is better for me to wait till may,2005.

        2. I have many evidence before we got married, things like photes,e-mails....because we met each other in China, he is american, and we worked in the same company. when I file 1-751 do I file all the evidence including before we get married or I only file the evidence after we get married?I don't have too much, because we've been seperating!

        thanks again for help me out!!

        Comment


        • #5
          sunshine_h

          Read some of the posts here on the subject of I-751 and divorce.

          You cannot apply for an I-751 by yourself until the divorce is final. There are waivers, etc but you need to do the research to understand the ramifications of each decision.

          ARQU

          Comment


          • #6
            Evidence after marriage is what USCIS is looking for, so if you are separating, gather as much as you can before you divorce.

            Comment


            • #7
              THANKS ARQU AND SWISSNUT!!
              I havebeen reading this helpful disscus board. but still have some questions.
              1.I have many copy of the e-mail between my husband and his girlfrind. it is good envidence for my divorce and apply 1-751 after divorce is final?
              2.I have been abused since we get maried, buy hekows it is illegal if he hit me, so he just broke everything at home,yell at me, verbal abuse me, I have dairy that shows howhe treated me, is that good evidence?
              3. will I get any financely support from him if we diorce now?we are married 17 months, and I jsut lose my full time job.i live in Rhode island.

              Comment


              • #8
                Sunshine h:

                First, please check to make sure the laws in your state have not since changed, but Rhode Island appears to recognise "no fault" divorce. Which means that regardless of any adultery he may have commited, the family judge will simply terminate the marriage.

                LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) Irreconcilable differences which have caused the irremediable breakdown of the marriage or (2) living separate and apart without cohabitation for 3 years. [General Laws of Rhode Island; Title 15, Chapters 15-5-3, 15-5-3.1, and 15-5-5].

                General: (1) Impotence; (2) adultery; (3) abandonment and presumed dead; (4) alcoholism and/or drug addiction; (5) willful desertion for 5 years [or less within the discretion of the court]; (6) cruel and inhuman treatment; (7) bigamy; and (8) gross neglect. [General Laws of Rhode Island; Title 15, Chapter 15-5-2].

                Now as to spousal support, this depends largely upon whether you can find alternate employment, and how soon. Typically, courts may require the divorcing spouse to offer some financial assistance to the other if he/she were not working during the marriage, or if he/she now requires education in order to re-enter the job market. For example, care givers and parents who tended to raising children and did not work during the marriage or a spouse who did not work and was supported, but now needs to find a career. In your case, it is hard to tell if your current circumstances would make you eligible for support, but even if you were, chances are it would be on a temporary basis, only.

                Given that you have been married 17 months, you should have adequate documentation to provide to USCIS to support an I-751 waiver, should you become divorced, that is, as long a the original intent when you entered the marriage was bona fide on your part. As to the I-751, are you seeking counseling for the emotional abuse you were subjected to during your marriage?

                Comment


                • #9
                  THANKS swissnut.
                  JohnDoe:I don't know what made you saying that. first of all, I didn't want to come to the US, he had been insisted it. so I DON'T thank him bring me here if he cheat on me and my marriage is breakdown.
                  2. I am not asking him too much, I just want to know what is my RIGHT. is that too much to ask?I don't think so.
                  3.I havn been working to suportting myself, not him.
                  so you don't anything about me, and you if you don't want to try to help. then JUST KEEP YOU MOUTH SHUT, PLEASE.

                  Comment


                  • #10
                    Typically, in short term marriages, the judge attempts to return the parties to the position each was in prior to the marriage, and divide any accumulations during the marriage equally. Rhode Island is an "equitable distribution" state, and as a consequence, sunshine_h would be entitled to 50% of any appreciation during the marriage. So, I am not sure why John Doe states that she has no entitlement.

                    However, I do agree that if her spouse is willing to assist her through the I751 process, (although I tend to think that if he was as abusive to her as she claims, that she not rely too heavily on this) then it would be wise for her to focus, at this time, on securing new employment as soon as possible, so that seeking spousal support in the divorce would either be unnecessary or reserved for an emergency.

                    Comment



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