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USC married 3yrs- no replies only more requests for info- want a divorce

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  • USC married 3yrs- no replies only more requests for info- want a divorce

    I am A USC who married a immigrant who had overstayed his student visa for over 10 years, filed taxes for 9years and had a social security card whose number he had been working on(I asked him how he got the card and he told me "it had come in the mail" years ago) Began this process in Aug 1999- no conditional status card was issued by 2years. Here we are at 3 years and INS just requested an all new "proof of marriage" package. Got that together, lawyer submitted it, but I don't want to be married anymore. On the advice of my lawyer I have been trying to work things out in my marriage for the past year and a half. No gains there and I want a divorce. My lawyer says I can't do that because he would be deported. I'm miserable and scared. The only documentation we have from INS is the permit to work card. So I don't want to see him deported but I can't stay in a loveless marriage any more. IS there anything I can do???

  • #2
    I am A USC who married a immigrant who had overstayed his student visa for over 10 years, filed taxes for 9years and had a social security card whose number he had been working on(I asked him how he got the card and he told me "it had come in the mail" years ago) Began this process in Aug 1999- no conditional status card was issued by 2years. Here we are at 3 years and INS just requested an all new "proof of marriage" package. Got that together, lawyer submitted it, but I don't want to be married anymore. On the advice of my lawyer I have been trying to work things out in my marriage for the past year and a half. No gains there and I want a divorce. My lawyer says I can't do that because he would be deported. I'm miserable and scared. The only documentation we have from INS is the permit to work card. So I don't want to see him deported but I can't stay in a loveless marriage any more. IS there anything I can do???

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    • #3
      A person I know is married to a guy that overstayed his visa. She also wanted a divorce because he turns out to be a very lazy individual-- she has to feed him and pay rent, etc. She's a kind person and told him upfront that they will get a divorce once he gets his green card. Now they are seperated but not offically divorced.

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      • #4
        I believe that the on Kurzbans immigration law source book actually quotes a precedence Chan V Bell 464 F.Supp 125 (D.D.C. 1978)regarding this matter. It said that albeit that the couple were separated, since no official separation/Divorce was in actment, that the there would always be apossibility for a reconciliation, hence the marriage was still valid and the person got his green card. Please verify this by looking it up in the courts law library, as I am not an attorney, and I am quoting from memory.

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        • #5
          Where do you look up such information on the courts decision?

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          • #6
            It is just a suggestion. But I would say let him get his greencard and then file for divorce. He can file for AOS even after the divorce, but the chances of getting an AOS will be very slim. I would suggest be married and perhaps live separately till he gets his 10 year green card. That way he wont be deported.

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            • #7
              I went to the Local State supreme law library. You can just wander in and the reference person will take you the the book 464. Then the page is specified in the other reply. This is an INS precedence. They were overruled in trying to boot the person out. I have a hard copy I could possibly fax somewhere tomorrow if that would help. But like I said, doing this from memory. Can anyone else confirm???

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              • #8
                FRODO thank you for your input.. to everyone else .. thank you too. I guess I'm stuck for now. If anyone else has anymore info on the subject please feel free to reply. AGAIN THANK YOU

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                • #9
                  If your not happy things won't improve by your acting as your husbands sponsor. Don't sign the I-864 and assume reponsibility for your immigrant husband for the next 10 years. Please do yourself favor and research the I-864. I helped my immigrant ex-wife and have lost a fortune and now find myself responsible for the next 10 years while she lives with another man.

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                  • #10
                    I want to second that last thought. Be very careful about signing the financial sponsorship forms. You will be held to the contract - long after you are divorced. Imagine a deadbeat spouse living with someone else and collecting welfare - while you have to pay the goverment back for what they are paying them...

                    Just a word to people in general - Think about this stuff before you sign forms... Know what you are getting into.

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                    • #11
                      I signed that form 3 years ago so its too late to stop the sponsorship.. if lawyers only told you the importance of these forms.. it's like
                      "you have to fill this out and sign this and sign that and sign here..." with very little explanation. He wouldn't try to live solely off my money- I have to give him that.
                      Wont file the divorce papers but I have begun to move my stuff out. What happens if INS comes to investigate and me and my stuff is gone from our house???
                      Any more advice on the divorce stuff would be most appreciated.
                      THANK YOU TO ALL

                      Comment


                      • #12
                        What if I did the FOIA request to see if he already has a GC but they never sent it???

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                        • #13
                          For the FOIR you will need his permission to look into his files (he needs to sign the form).

                          If he hasn't been approved yet and you get divorced, then he'd be out-of-status and deportable and not eligible to collect money from you for the next 10 yrs. or whatever the law is

                          Good luck to you!

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                          • #14
                            Hello Everyone: rdy2qit is basically saying that wants to help her current spouse to get the real green card (as opposed to the conditional one he already has) she just does not want to keep this marriage alive any more. So: rdy2qit, if you don't feel like living together anymore, live separately. If after that you still feel that you does not want to file for divorce, don't do it. When you'll be required to file the joint petition to remove conditions on your spouse green card, and you want to do that, do just that. It's that simple.

                            Comment


                            • #15
                              How long you've been married? Any kids?
                              If he is stayed over 10 years he will be qualify for self petition. and if he married for more then 2 years he will be able to self petition.
                              Previously SSN was issued to the person with many reasons.Some states issued with conditions some didn't( Not walid for employment OR valid with work authorization etc etc.) he has the valid SSN.
                              He paid his taxes. Now from last two years this practice is stoped.

                              divorce will not effect in his eligiblity to get GC but he has to file papers again and waiting period will be long too.

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