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Thread: Another I-485 Divorce question

  1. #21
    [QUOTE]Originally posted by FooserX:
    Anyone have the form for that so I can read over?
    QUOTE]

    You know, first I was thinking that "man what an irresponsible guy" but having thought about it I can see how you never thought this would be an issue and that you didn't really have to pay much attention to the papers.

    The lawyer you talked to that mentioned a form, did he not give the name of the form? Or did you just not write it down?
    Nevertheless. I suggest you call USCIS and ask them what form you need and if there is any other paperwork you need to fill out.

    You can also scan their immigration forms site to see if you find something that looks like the right one.

  2. #22
    He never gave the name of the form, and I didn't ask. I just was talking to him for information and didn't know I would want to have even more info later. :-)

    I could call him back, but thought I could try here first. I did review the US site, but didn't see one...

  3. #23
    Taken from a divorce/green card site:

    Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of the permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

    However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree file the joint petition to remove the conditions. This is when a green card divorce causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

    If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

    But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.

    Applying for a Waiver

    The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

    * Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
    * Extreme hardship to the immigrant spouse if deported.
    * Extreme cruelty and abuse from the U.S. citizen spouse.

    Waivers often require an interview of the immigrant spouse to get approval.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  4. #24
    Thanks!

    That is pretty much all I found too.

    The USCIS site says one cannot be removed from the sponsorship role unless it's death or something extreme, so I put in a call to the lawyer to see what he was talking about.

    Thanks so much for all the info!

  5. #25
    Fooserx..you do realize though that regardless of the outcome regarding immigration, it most likely won't affect the outcome of your divorce.
    She will still be entitled to a share of your retirement and other assets during marriage, unless you prove fraud etc
    Even for some reason she manages to get deported before the divorce is final she still will be entitled to what is fair.
    I wouldn't jump to conclusions that even if you manage to stop her being here, she won't get what the judge thinks is fair in your divorce.

    I would think carefully too once you have all your options, as if you make things difficult, the divorce will get very nasty, and very costly.

    I personally have not heard of anyone being deported before their divorce is finalized. Dealing with the immigration issue can take as long as any long divorce case.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  6. #26
    You're right Sprint Girl.

    I just want to know all my options. And I didn't know that I could still lose in a divorce if she was deported or something. lol...geez.

    She's just lying to people, threatening to call the cops on dumb stuff...etc...I don't want to be totally at a disadvantage, you know?

  7. #27
    Davdah, I am only going by what he said. He said his attorney told him about retirement and other things, so I am thinking he must be in a State that does that, like mine.

    I did say that she is entitled to a fair share (what judge thinks is fair) unless he can prove fraud.

    What he also needs to know is that if he files a claim of fraud and he has no grounds then he will be the one who will be in trouble. He needs to prove fraud.
    Not only is it common for an immigrant to file divorce when their GC is approaching or when they get it, but it is also very common when an immigrant wants a divorce, the USC claims fraud.

    He also has to prove that he had no idea that there was fraud when he entered the marriage or during the marriage.

    He isn't going to lose much as he hasn't been married long (like you said). If I were him I would try and sort this out amicably as possible and get it over with otherwise if he starts making claims, she might do too, and then it's going to get real messy.

    Yes he needs to be careful about abuse claims from her.
    He needs to talk to an attorney quickly and see an immigration attorney too, not just over the phone. Divorce attorneys don't understand the immigration issues well so he is best to get clear answers so he knows what he could get himself into. (depending on what she says).

    She might however not be really filing for a divorce, she might just be threatening.

    How I see it..if he files for fraud just because he wants to get out the easy way, he will be just as fraudulent as an immigrant filing an abuse claim.

    It might be fraud, but until now he has not had that in his mind, and not posted anything to show there has been fraud committed. He will find it very hard indeed to prove that, unless he has evidence to produce.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  8. #28
    Davdah, if an immigrant who wants to commit fraud and has been given advice or even planned it well, they would wait until they get their 10yr GC surely.
    The situation she has put herself in now, its a tricky one, she would have been better off waiting until her GC has been issued.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  9. #29
    I will go the amicable route, and hope things don't get out of hand. I'm not looking to blackmail anyone or even deport her...but she went from just wanting the car...to talking to all her friends...to now wanting to take me to the cleaners.

    I seriously doubt she has this whole set up in mind, she's not that smart, but I wouldn't be surprised if her friends could tell her this or her lawyer, maybe?

    I offered to sponsor her, so I need to what...give her money for 10 years??? Even though she's the one who wants out at 2 years? lol...ludicrous!

    I think the uncertainty of her outcome could be all it takes to just make things go smooth. She may be able to file a waiver for the I751...but we'd probably still have to do an interview. If you say that two year divorces are common, then it IS a risk she would have to take, no?

    Knowing there is a possibility that she could get deported might be all she needs to calm down and take what is fair instead of trying to take eveything.

    It's easy to get carried away here. The more she gets nasty to me, the more easy I think it is to believe she just wanted to use me to begin with. We've never bought anything as a couple I don't think? Never had a vacation...honeymoon...the kid is not mine biologically and wasn't even in the US when we got married (he was living in Mexico)....so I don't think it'd be that much of a stretch to think it could be fraud.

    Who knows...everyone says it's all up to the judges and people in charge. Even if you had a great case, if you get someone who thinks a certain way...maybe it's all out of your hands?

  10. #30
    >>>>If she is calling police for no good reason you are being set up for a vawa claim. That way she has her bases covered. If she can't self petition based on a good faith marriage then she can use the vawa option.. Seems she has planed this out and knows what she is doing.



    The immigration lawyer said that while her doing this is a possibility...a fraudulent claim to the cops will REALLY put her in a bad situation.

    I find it hard to believe cops would just show up to a nice home with no signs of abuse or yelling...and just arrest someone. I've known girls who call the cops on wife beaters, and STILL nothing happened to the guys.

    What will be will be I guess :-)

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