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Thread: I-751 Filing Before Divorce Finalized

  1. #1
    Guest
    My question is related to filing an I-751 before a divorce has been GRANTED.

    It has come time for me to file my I-751 but my spouse refuses to sign or cooperate because I have decided that I do not want to have children. A quote from her: "I want to mess up your life like you have messed up mine." I live in NJ where a divorce takes 18 months to finalize and I need to file the I-751 in the next 90 days!

    - What are my options?
    - Has anyone else here been down this road?

    Here is some background:

    I moved to the US on a TN visa in 1997 and moved in with my future spouse. I renewed the TN Visa in 1998. I applied for and was granted a H1 visa later in 1998. We married in July, 1999 and applied for AOS to marriage based GC (My H1 was still valid and not expiring). We were interviewed for the GC and were approved in Oct 2000 (a 15 month wait for the interview). My conditional GC expires in Oct 2002. I deal with Newark / Vermont so processing time for I-751 is currently around 18 months. Another fact: my son (12 yrs) moved in with us in 2001 and was sponsored for his GC by spouse and has already been granted his permanent GC.

    I am not sure what to do!!! The marriage was entered into in "Good Faith" and we have cohabitated since we got married (and lived together for 2 yrs before that). I have lots of this type of documentation (combined mortgage, credit cards, Insurance, etc, etc, etc.) so I am not worried about proving that we lived together. However, my spouse is very angry that I have gone back on a committment to have children with her (long story) and has decided to get pregnant on her own (Artifical Insemination). We still are together and live in the same house but I have had it. I plan/want to move out as soon as possible and follow that up with an application for divorce; however. I am not sure what to do about the I-751. She has indicated that she intends to contact the INS and indicate that I married her just to get citizenship (untrue). She has said that she wants me to lose everything to punish me.

    So ANY advice would be appreciated. Can a guy file the I-751 with just a divorce application (but not granted)? It is just so unfair that a person who follows all immigration laws in spirit as well as procedurely may be subject to removal due to a vengful spouse.

    Thanks in advance!

  2. #2
    Guest
    My question is related to filing an I-751 before a divorce has been GRANTED.

    It has come time for me to file my I-751 but my spouse refuses to sign or cooperate because I have decided that I do not want to have children. A quote from her: "I want to mess up your life like you have messed up mine." I live in NJ where a divorce takes 18 months to finalize and I need to file the I-751 in the next 90 days!

    - What are my options?
    - Has anyone else here been down this road?

    Here is some background:

    I moved to the US on a TN visa in 1997 and moved in with my future spouse. I renewed the TN Visa in 1998. I applied for and was granted a H1 visa later in 1998. We married in July, 1999 and applied for AOS to marriage based GC (My H1 was still valid and not expiring). We were interviewed for the GC and were approved in Oct 2000 (a 15 month wait for the interview). My conditional GC expires in Oct 2002. I deal with Newark / Vermont so processing time for I-751 is currently around 18 months. Another fact: my son (12 yrs) moved in with us in 2001 and was sponsored for his GC by spouse and has already been granted his permanent GC.

    I am not sure what to do!!! The marriage was entered into in "Good Faith" and we have cohabitated since we got married (and lived together for 2 yrs before that). I have lots of this type of documentation (combined mortgage, credit cards, Insurance, etc, etc, etc.) so I am not worried about proving that we lived together. However, my spouse is very angry that I have gone back on a committment to have children with her (long story) and has decided to get pregnant on her own (Artifical Insemination). We still are together and live in the same house but I have had it. I plan/want to move out as soon as possible and follow that up with an application for divorce; however. I am not sure what to do about the I-751. She has indicated that she intends to contact the INS and indicate that I married her just to get citizenship (untrue). She has said that she wants me to lose everything to punish me.

    So ANY advice would be appreciated. Can a guy file the I-751 with just a divorce application (but not granted)? It is just so unfair that a person who follows all immigration laws in spirit as well as procedurely may be subject to removal due to a vengful spouse.

    Thanks in advance!

  3. #3
    Guest
    This may help you. You can do it yourself.

    http://www.ins.gov/graphics/howdoi/remcond.htm

  4. #4
    Guest
    Thanks for the prompt reply Marie,

    However, I have already done a lot of due diligance research on this issue and the INS instructions clearly state:

    "You entered into a marriage in good faith, but the marriage was ended through divorce or annulment."

    The twist on my situation is that in the next 90 days the marriage will not be terminated due to divorce. In NJ it takes 18 months to have a divorce decree issued AFTER the time of filing so the only action I can take in the next 90 days is to FILE for divorce. I will not have a divorce decree issued so in fact the marriage will not be legally ended. That is the issue I am facing.

    Do you think the INS will allow me to apply for the Joint Filing Waiver based on "We are seperated and I have filed for divorce but it is not finialized yet"?

    Any thoughts?

  5. #5
    Guest
    I think that the real question is: Why have you decided now that you do not want to have a child with your spouse.

    It seems pretty fishy that you have a change of heart before the time comes for you to get your Conditions Removed.

    This woman feels as if you cheated her out of her life and gave you and your child (12 yr old son) a new one.

    She feels that since you have gone back on your word, so shall she.

    You know, all is fair in love and war and to spend 4 years of her life thinking that she was going to have a fmaily with you and you pull out at the last minute is pretty messed up and what do you expect?

    Goodluck to you and I hope that you can see things from HER point of view instead of only thinking of yourself.

    I do not mean to sound so judgmental, but you know, the whole situation feels and sounds foul to me and I am sure she feels the same.

  6. #6
    Guest
    No that is not the real question. Situations can change within a relationship that can cause a person to rethink if they want to father a child with someone. Do you think a person should have a child just to make someone else happy? I do not think so. I think a life of a child is more precious than anything else in the world and I would not ever have a child just because someone else wants to have one.

    I am not going to delve into the private and personal reasons that have driven my decision not to have a child. It is sufficient to say that my spouse is not the person I thought she was and I will not subject a child to her ideas on what life is about.

    So the question is not about my character nor should anyone jump to conclusions about who is to blame. The facts are that I was in love and married because I wanted to - not because I had to. The intent was legitamite and I really wanted the marriage to work. The question is simply about an INS process. Can a person file for a joint waiver before the finalization of a divorce.

    I feel bad for people who wish to express judgement on others perhaps there are issues within yourself that cause you to feel that other people use people for their own gain. I on the other hand care very deeply for others and do not use people to get ahead. If I was so inclined, I could have simply had a simple operation and lied to her just to get the papers signed. But that is not in my character. In closing I'll just say "Would you want to start a family after you are 40 with someone who is controlling, small minded, mean and frankly unstable? I don't.

    So any constructive help would be appreciated.

  7. #7
    Guest
    I do not have any issues. However your wife does and this is why this is happening.

    As for constructive suggestions. You should speak to an immigration lawyer and see if they can find a loop hole in your case with regard to either adjustment (as you can file for divorce before the 2 year waiting period) or perhaps you can renew your previous work visa? Definately look into these options.

    I do not get off on making people feel small or bad about themselves, my intention is only to help, but we all must be accountable for our actions...YOU and ME alike.

  8. #8
    Guest
    Perhaps your divorce could be completed faster somehow?

  9. #9
    Guest
    It seems like you are in a tough spot. I would think that someone out there has had a similar experience.

  10. #10
    Guest
    When the marriage breaks down while the green card process is taking
    place--
    > I have read much information on the Marriage Fraud Amendment Act of 1986
    and
    > what happens during the process. What would happen if the INS interview
    > took place only a few weeks before the 2 year anniversary of the couple,
    but
    > the foreign spouse was still issued a temporary green card and told they
    > must wait 2 MORE years before they can receive their permanent green card.
    > Can the 2 year waiting period not be waived since now the couple has been
    > married for 2 full years? Also, the foreign spouse was not informed by
    the
    > INS officer of the 2 full year waiver if only the interview was scheduled
    a
    > few weeks later when the marriage anniversary took place.
    >
    > I am seeing that your situation on this site is highly similar to my friends situation. He has been subjected to blackmail by the US spouse and threatened to have him deported if he did not stay with her for the next two years. Have you had any luck with finding resolution?

    Thank you for any feedback.

    Morgan

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