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Thread: Joint I-751, but my alien husband intends to divorce me USC

  1. #1
    I am still unclear, perhaps I don;t really understand the law. Perhaps someone can answer this question.
    My alien conditional resident husband and I filed a joint I-751, but since filing has suggested that he wishes to end our marriage, but I do not and we live in a "No Fault" divorce state. He hasn't filed for divorce yet, and I suspect it is because he wants to get the PGC first, although I believe it will be about 10 months before he does.
    1. Can he remove the joint I-751 and refile, and if so on what basis?
    2. Can he divorce me before receiving his GC? and if so, should I infrom BCIS that we have subsequently divorced after filing I-751?
    3. Can he submit anything at this time while divorce is not yet settled, to support this joint I-751, and therefore get past the bona-fide marriage requirement?

  2. #2
    I am still unclear, perhaps I don;t really understand the law. Perhaps someone can answer this question.
    My alien conditional resident husband and I filed a joint I-751, but since filing has suggested that he wishes to end our marriage, but I do not and we live in a "No Fault" divorce state. He hasn't filed for divorce yet, and I suspect it is because he wants to get the PGC first, although I believe it will be about 10 months before he does.
    1. Can he remove the joint I-751 and refile, and if so on what basis?
    2. Can he divorce me before receiving his GC? and if so, should I infrom BCIS that we have subsequently divorced after filing I-751?
    3. Can he submit anything at this time while divorce is not yet settled, to support this joint I-751, and therefore get past the bona-fide marriage requirement?

  3. #3
    Guest
    If he divorces you before receiving I-751 you should inform BCIS. Protect yourself, do not leave any possibility open for the BCIS to be able to suspect that you could have participated in marriage fraud. I had to learn this the hard way.

  4. #4
    Guest
    Sorry, I meant to say before receiving PGC.

  5. #5
    Becca;

    If I may, how did you learn the hard way, were you suspected in a conspiracy?

  6. #6
    Becca:

    Do you have answers to the other items I had listed, re: can he file something else like a waiver to add to our joint I-751 to ensure the PGC? or can he withdraw the joint and replace it with something else?

  7. #7
    Guest
    Swissnut,

    Did you go to BCIS website about the divorce while filing for I-751? You might get the answer there. When he get his PGC, he will be safe for another 10 years without worrying anymore.

    I'm not a lawyer, pls act accordingly.

  8. #8
    Guest
    Swissnut,

    I do not know the answers to your other questions. My suggestion to your 2nd question is based on a somewhat similar circumstance I found myself in, and the consequences that later happened from not having protected myself sooner. If you'd like to email me: bek796@aol.com, I can give you more details.

  9. #9
    Guest
    Becker please post answers here so that all can benefit. Thats the essence of this forum.

  10. #10
    To swissnut,

    Sometimes when I read your posts, you remind me so much to my spiteful wife. I am the alien for whom she filed the joint i-751, if the marriage did not work, was the fault of both ofus, just like your marriage. I think your purpose is just to hurt him, just because he is no longer with you, you don't want him to be with somebody else, why many women have to be this way? Why don't they realize the only thing they are doing is hurting themselves?
    He will get away whatever path he will take, after BCIS granting him the conditional status, THAT'S IT, if the marriage was bona-fide at some time, that it did not work does not matter to the BCIS if the marriage was in good faith to begin with. Although good faith is not defined by the BCIS they assume that a good faith marriage was one where the parties entered to plan a life together... That's why they allow aliens to even apply even if they are divorced to remove the conditions.
    The only thing is that they have not defined any procedure in order to solve the gap between the decision or interview of the i-751 if there is a divorce in the middle.
    It seems that the only thing you want is him not to divorce you, and they you want this immigration situation just to harm him... would you be able to sleep peacefully if you damage his case? Because even if you might damage his case like him getting a negative decision on his i-751 he can appeal, and before that the immigration judge has to agree with the BCIS position.
    Further, remember that you signed an affidavit of support for him, and that you are responsible for him even after divorce until he is here 10 years or become a US CITIZEN, so if he gets his case deported, you will be liable of any of his DEBT, and in my case, if I have to leave I will take as many credit out as I can, so far I can withdraw 50 thousand in cash advances, so my wyfe will stop from being a snake.
    MOVE ON WITH YOUR LIFE!!!!!!!!!!

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