ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 8 of 8

Thread: Pending I751 decision, spouse wants divorce immediately. What to do?

  1. #1
    What should I do? I married 2+ years ago in MA, got my GC and recently filed I751 jointly with my U.S. citizen husband. USCIS decision is pending (itís been 3 months since they received the application.) Now my U.S. citizen husband has decided he wants to get a divorce immediately. He says he's leaving for TX by midyear and wants to cut all ties prior to doing so. The marriage has been a roller coaster to say the least. How will his filing for divorce at this point in time affect the immigration portion of the case? What are my options of not losing my residency?

  2. #2
    What should I do? I married 2+ years ago in MA, got my GC and recently filed I751 jointly with my U.S. citizen husband. USCIS decision is pending (itís been 3 months since they received the application.) Now my U.S. citizen husband has decided he wants to get a divorce immediately. He says he's leaving for TX by midyear and wants to cut all ties prior to doing so. The marriage has been a roller coaster to say the least. How will his filing for divorce at this point in time affect the immigration portion of the case? What are my options of not losing my residency?

  3. #3
    If a divorce is pending, they are not likely to approve. Your best bet would be to withdraw the application and re-file with a good faith waiver. Basically, you'll have to prove that your marriage was entered in to in good faith and dissolved naturally. Your husband does not need to be a part of it, however an affidavit from him and family friends would be useful.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  4. #4
    Does that mean I have to withdraw or amend my current I-751, what is the process for that? What are the drawbacks of doing nothing and waiting for their decision before taking any action? Will I have to re-file before the 'extension year' runs out?
    As far as he's told me he wants to cut all ties, no word on any further action from him regarding immigration.

  5. #5
    The drawback would be if you get your 10yr GC approved without interview now, you might find any future application (like Citizenship) denied because of failure to refile I-751 with waiver for divorce and they might even retroactively deny your I-751 making you removable.

    I don't think you would be able to amend your current I-751 to reflect the new situation. Most likely have to re-file I'm afraid. I'm no lawyer but I have been through the I-751 with waiver process although that was before the new re-file policy in 2005.

    More on this topic from this very website:

    Terminating Conditional Residence: What Becomes Of The Brokenhearted?
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by berisford:
    What should I do? I married 2+ years ago in MA, got my GC and recently filed I751 jointly with my U.S. citizen husband. USCIS decision is pending (itís been 3 months since they received the application.) Now my U.S. citizen husband has decided he wants to get a divorce immediately. He says he's leaving for TX by midyear and wants to cut all ties prior to doing so. The marriage has been a roller coaster to say the least. How will his filing for divorce at this point in time affect the immigration portion of the case? What are my options of not losing my residency? </div></BLOCKQUOTE>
    I agree with Aroha. If the husband wants the divorce, let him file. AS long as the diveroce is not based on your fault, ie an at fault marriage listing you as the perputrator, then that would help establish good faith. Having joint ownership of property, bank accounts, tax returns, insurance, and other property will help. The affidavits from friends and family, including your ex would help as well.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  7. #7
    Thank you for your comments. (The link was quite helpful, but also demonstrates how complicated things can get.) The marriage was entered in good faith, however he has taken advantage of me very early on and throughout the relationship; he's gone as far as trying to extort money from me in order for him to fulfill his duties as a husband. Knowing that there are other options available is a great relief. I do not expect him or anyone from his family to be supportive in any way shape or form. I did obtain affidavits from two friends for the original I751 filing.
    Do you know how to go about withdrawing an I751? The first time around the submission was prior to the expiration of the GC, but now the GC has expired. Timing wise, if I withdraw and re-file, does that mean that I filed late and have to be cautious of that as well?

  8. #8
    The affidavits are really secondary evidence. I doubt many marriages end on a good enough note for the ex to provide an affidavit stating a good faith marriage. It is not needed although it might make your interview go smoother. As Hudson said, the more JOINT financial evidence you can show, the better. Good luck.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

Similar Threads

  1. I751 Approved-Divorce Pending
    By KOOL_DUDE in forum Immigration Discussion
    Replies: 17
    Last Post: 05-01-2008, 09:48 PM
  2. Replies: 105
    Last Post: 06-27-2007, 01:22 AM
  3. Replies: 2
    Last Post: 05-12-2005, 09:08 AM
  4. Update on I-751 pending with Divorce before decision
    By Aguila in forum Immigration Discussion
    Replies: 1
    Last Post: 08-21-2003, 08:05 AM
  5. i-751 pending and usc spouse file for divorce
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 07-11-2003, 09:23 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: