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Thread: greencard

  1. #1
    hi, my exes temp green card expired a year ago. we have been separted for about 3 years. he has been stalling the divorce. the reason he has been stalling is because the imig lawyers that he met with told him that there is not enough proof that it was a bonafide marriage for him to self petition for his perm green card. no I 751 form was ever sent in, and i have contacted immig and withdrew my sponsorship of him. the last time his lawyer met mine, they said they would only dissolve this marriage(we have been in the process for over a year) now if there is a cruelty clause and affidavit saying such. i live in nj which is a no fault state. how will this effect me and can he get his perm green card if all he has is an affidavit and no other proof of abuse, as well as does he have to prove it was still a bona fide marraige?

  2. #2
    hi, my exes temp green card expired a year ago. we have been separted for about 3 years. he has been stalling the divorce. the reason he has been stalling is because the imig lawyers that he met with told him that there is not enough proof that it was a bonafide marriage for him to self petition for his perm green card. no I 751 form was ever sent in, and i have contacted immig and withdrew my sponsorship of him. the last time his lawyer met mine, they said they would only dissolve this marriage(we have been in the process for over a year) now if there is a cruelty clause and affidavit saying such. i live in nj which is a no fault state. how will this effect me and can he get his perm green card if all he has is an affidavit and no other proof of abuse, as well as does he have to prove it was still a bona fide marraige?

  3. #3
    If I was you I wouldnt be signing anything that is untrue. Your choice but it could come back to bite you later on. Best of Luck

  4. #4
    You can not withdraw sponsorship.

    2 choices I guess.

    Document the offer, get the divorce, then send the evidence to USCIS explaining that the cruelty clause was for divorce purposes only.

    Ignoe it, sounds like you ca get a divorce anyway if you wait long enough.

  5. #5
    Hello jett

    You did the right thing by requesting that the affadavit of support be withdrawn. You cannot withdraw an approved petition as Theone has stated. but in your case, becuase the temporay card has expired, you are allowed to request this.

    Do not sing any such affidavit about cruelty to get this divorce. I believe that Nj has a 1 year seperation to be able to obtain divorce.

    Do a little reading on your own to see what steps need to be taken to move this divorce along to judge. or seek advice from another lawyer consultation.

    At this point, if he decides to file for a waiver after the divorce, he will have to obtain a new sponser. If you sign that cruelty paper, he will apply under cruelty waiver to get residency. and then you will be on the hook for sponsership. right now, you stand a good chance for uscis to relieve you from the sponsership.


    What are the circumstances involving the seperation or demise of the marriage? Were you at fault, and was there any cruelty involved?

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    At this point, if he decides to file for a waiver after the divorce, he will have to obtain a new sponser. If you sign that cruelty paper, he will apply under cruelty waiver to get residency. and then you will be on the hook for sponsership. right now, you stand a good chance for uscis to relieve you from the sponsership.
    </div></BLOCKQUOTE>
    The sponsorship ends if one party dies; or alien permanently leaves the contry, becomes USC or has accumulated 40 work credits (10 years). Filing to remove conditions with a waiver from joint filing does not require a new sponsor.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    At this point, if he decides to file for a waiver after the divorce, he will have to obtain a new sponser. If you sign that cruelty paper, he will apply under cruelty waiver to get residency. and then you will be on the hook for sponsership. right now, you stand a good chance for uscis to relieve you from the sponsership.
    </div></BLOCKQUOTE>
    The sponsorship ends if one party dies; or alien permanently leaves the contry, becomes USC or has accumulated 40 work credits (10 years). Filing to remove conditions with a waiver from joint filing does not require a new sponsor. </div></BLOCKQUOTE>


    If sponsership has been approved to be withdrawn by uscis. the alien will have to acquire a new sponser to proceed.

    Uscis does allow in certain instances for the sponsership to be withdrawn if the alien has not removed conditions/conditional residence has terminated and sponser has subsequently asked that I-864 be withdrawn.

  8. #8
    we have been apart for 3 years.i have tried to peacefully back out of the marriage. he is living in a condo that is in my name. he brought his 2 lil bros over, his older sister now lives with him. i am paying the mtge since i do not want it to foreclose or ruin my credit. i have in the past 2 years bought other property, everything is in just my name. i left him when i relized that he was using me for his gc. it seems to be his "family's business" i have since learned of other members doing the same. he is now mainpulating the law, as he manipulated me. after leading me along to thing he would settle peacefully, he then get a temp rest order and charges of harassment against me when i refused to sign the i751. this is when his temp card expired. both cases were dismissed, since of course there was no proof. but the divorce has been dragging on for over a year since i have properties. he is now trying to get 1/2 of everything i have. everytime the judge gets close to dismissing the case, he comes in at the 29th hour with a new lawyer. the latest is this cruelty thing. his lawyer said if i sign i only have to give him 1/2 my 401k, which is substantial, and then it's over. if not, my lawer and his said he will file for bankruptcy, which takes me down. is there anyway i can see if my sponsorship has been relieved? can i update uscis that i am being put in this situtaion? will this guarantee him his gc?
    if he were to present and have to prove a bone fide marruage he went to 4 laywers that said not enough proof. and they would not represent him. does he still need to prove this? thank you

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    If sponsership has been approved to be withdrawn by uscis. the alien will have to acquire a new sponser to proceed.. </div></BLOCKQUOTE> to proceed with I-751 + waiver or you are talking about starting from the begining and having a qulifyed relative as a sponsor?
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    Uscis does allow in certain instances for the sponsership to be withdrawn if the alien has not removed conditions/conditional residence has terminated and sponser has subsequently asked that I-864 be withdrawn. </div></BLOCKQUOTE> interesting and something new for me. Any links where I can read more?

    jett.. I can't offer you any advice regarding divorce. It seams that you two separated shortly after he received conditional green card. So, if you get/have some evidence to prove that he only entered the marriage to get GC, that may help your case with USCIS and put him in deep trouble. Or at least, it may be something you can bargain with in negotiating divorce settlement.

  10. #10
    refresh my memory.

    this is the columbian guy who cheated on you and that is why you got seperated correct?


    Why did you buy other properties in your name and you know you were still married to a cheat and thief???

    The courts cannot make you stay married to someone. It has been three years of seperation. there are other means to continue the property settlements. there are other legal avenues to force the divorce decree.



    Curious, how did his brother or sister obtain visas to come here. they didnt happen to lie to get here when asked about other relatives here did they?



    For Aneri

    Thats the beauty of a forum, we can always learn something new

    alien has failed to remove conditions before card has terminated. length of marriage is less than 2 years. conditional status has expired. sponser has requested sponsership to be terminated . Read INA relating to conditional residency termination. You are familiar with this aneri.

    2 cases I personally know have had approval on sponsership being terminated by this method. I believe klinus on the board also received acknowlegement from uscis that his sponsership request was approved for withdrawal when his wife failed to remove conditions.

    When I get a chance I will look up 4u .

    even a more sure fire way of making sure the i-864 is finished.. is for teh petitioner to start the joint 751 and immediately request withdrawal of the petition and sponsership of the alien. the alien status will terminate and uscis will honor the request for withdrawal of sponsership. usually these have been cases where alien shortly after filing 751, asks or files for divorce, and leaving usc spouse suspicion of marriage fraud/ or greencard issues. thus including those suspicions in withdrawal letter ususally helps.

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