Divorce before issuance of conditional greencard

[Turkman]

I'm a Turkish man who is married to an American. We have one child together. My wife and I went on our first interview July 16, 2005. I was told after the interview that I would be approved for my conditional green card. As of today I still have not received any letter confirming this. My wife has just informed me that she will file for a divorce. She has also said she will remove herself from sponsorship of my petiton. Is there anything I can do to still get my green card? I have a child here so I don't want to leave the country. What can I do?

[Turkman]

I'm a Turkish man who is married to an American. We have one child together. My wife and I went on our first interview July 16, 2005. I was told after the interview that I would be approved for my conditional green card. As of today I still have not received any letter confirming this. My wife has just informed me that she will file for a divorce. She has also said she will remove herself from sponsorship of my petiton. Is there anything I can do to still get my green card? I have a child here so I don't want to leave the country. What can I do?

[ImmortalE]

Dear Sir:

Whether you are Turkman (Native of Central Asian
Republic), Turkish (Native of Turkey), Chinese or Papua New Guinean is irrelevant

Your having a child here is also of no consequence(from Legal standpoint) as far as your LPR Status concerned.

One thing matters, though: did you enter the marriage in GOOD FAITH, or with the intent to evade Immigration Laws.

If you have evidence/proof of the first, then you should be alright: by the end of 2-yr period conditions will be removed, you will get your unconditional LPR status and 10 yr card.

In case if you fail to prove that marriage was entered in GOOD FAITH, then your GC will be revoked and you will be asked to leave the country within specified period of time.


Good luck!

[swissnut]

Having a child might be of legal consequence since one example of typical proof of a bona fide marriage is a child. Will that be enough to overcome the requirements for USCIS as a self-petitioner? We can't know.

If Turkman divorces, he does not have to wait to petition to remove his conditions, so the outcome might be known much sooner than two years.

[ImmortalE]

As I said merely having USC child will be of no Legal consequence, as far as eligibility for LPR concerned.

Proving bona fide marriage will be nessessary for him to get conditions removed and to receive Permanent GC and >>in the context<< of >>bona fide marriage<< interview, yes, his having a child will be of consequence, although not decisive. Couple of people I knew (one separated nearly a month after arriving to States), had no children at all, but had conditions removed based on fact that they married in GOOD FAITH.

Also, as I remember(in case with the person who
separated 1 month after arriving to States), he simply waited for his 2d anniversary interview , collected all the nessessary affidavits/evidence
and after the interview had his conditions removed, LPR granted.

[newbam]

turkman-
i am in a similar situation, but i am the woman who filed for divorce and wrote to USCIS that i with drew my Support Petition to my <thank god> now ex-hubby (from Australia). When i went to USCIS to see if i could get info on his status all they could tell me was he was denied his i-130 based on my withdrawl. I don't think he even has a Green Card!! we did not go to the scheduled interview, we have no bills, fotos, mortgages, CCs ... nothing together but a daughter. which he is 13months behind on child support, has paid NOTHING toward her finances .......... again, USCIS said it's not IF but WHEN he will be asked to leave. USCIS said the child we have in common doesn't play into his status here in the states OTHER than his lack of payment is bad for him in their eyes. he also has a few other things on him (MisdemC, harassment issues toward me and by family, just among a few things)

All I can say is to remember you catch more flies with honey than vinegar. I hope you and the mother to your child can work things out with your status ... good luck

[ImmortalE]

Doesn't look like you are in similar situation because OP didn't write he had MCharge, nor that he was abusing his family.
Nor did he say he was refusing to support his child.
Based on what you wrote your ex-husband has couple of Sections going against him, and we haven't so far heard the same from OP.

As far as vinegar and flies.. real world is a tough place, you know..It's not about rosy f-a-i-r-y tales we heard about in nursery..

All I can say: be MORALLY SUPERIOR!, be on Right side and let those who do injustice to you taste a bit of a vinegar, see if they like it.
Let them(like your ex-husband) KNOW they are WRONG. Feed them a LOT of vinegar!
Through Court action, if nessessary, but DEFEND your RIGHTS!!! Speak! Go to PRESS, if you have to!
Noone can ABUSE you, noone is superior to you but God, noone has a moral right to abuse your child or mistreat you!!

Wish you good luck!.. and don't forget the VINEGAR thing, it is very healthy to serve it sometimes

[Marasmus]

After reading newbam's post, I hate American women the more. I wish no one get a child with an American b itch!

She is saying she wants the hubby to go back home, yet they have a kid together and punishing the man with child support. Oh my, God please help men who are stupid enough to have children with American women.

To American women, the man is just a punching bag, without caring that the child is a human being who is blood-bound to the dad even if not for anything else, just to have a relationship with their father.

Granted, men are not perfect as well, but is that the solution, punishing them using the child?

In America, a child is security for the woman and a death warrant for the man because women can use the child for extortion for everything from child suport to visitation rights to immigration.For 18 years.

I pray that men can see these women for what they are before they have children, otherwise once it happens its always too late.

And the folly of all this is that the b itch says that you catch a a fly with honey, which means that you should use enticement and folly to entrap the man, starting by popping kids.

[ImmortalE]

With all due respect, marasmus, but her Nationality and S-e-x are irrelevant here.

If what she says is true, then her husband is guilty of harassing her and family, refusing to financially support his child and etc.

If allegations are true then there are no grounds whatsoever to defend his actions.

If what she says is untrue, then it is up to US Court of Law to determine it, and I found it very offensive that you would call this woman a b-itch, without having any evidence to support your theory.

[newbam]

there is no reason for me to lie, since both my boyfriend and i enforce the law. it's too bad you hate american women since i have done nothing but tried to work things out CIVILY with my ex only to have him call me names, harass me, and drag me into court thinking i am being difficult. with his behavior toward ME no one is willing to help me with transporting my daughter to him for visits. i have dealt with him for 2 years now and i have run out of patience. i am not punishing him by using my daughter ... unfortunatly, my ex thinks the same way as you. i am only one person raising my daughter the best i can with NO help from this dead beat nor am i on any type of welfare. AND, if he acted like a father maybe we wouldn't be in this predicament as he and i are in now ... he's given me 400dollars and my daughter is 18months old (do the math). this past weekend my daughter came back very ill and he blamed me for it and sent me some website about muchhousen by proxy disease. i dont reply to his hostile emails since he's already looking bad enough for the last time we go to finalise our divorce (custody issues, money (he wants money outta me!), property, etc) i supported him, he refused to get a job or do anything around the house... untili had had enough.
so, to bad so sad you don't like women from the states. but at least you now know dead beats aren't just here in the states, they're from australia, too!

ImmortalE:
thanks for the good luck, im trying the vinegar bit of it ... i guess what i was trying to let turkman know is to be patient with his <future> ex wife and to try to work things out so it doesn't get like my situation. i wish this man who created my daughter with me (doesn't deserve to be called a dad) would wake up and realise what is going on ... i am doing the best i can to riase my daughter and he is making it difficult for me.
anyway, thanks again

[ImmortalE]

No problem, newbam

[Turkman]

Well, my wife is dillusional and crazy! She thinks I married her just to get a green card and she said she will tell this to USCIS! She also told me she will file a complaint against me in her divorce papers. We had a big fight back in February and I was arrested for hitting her even though she hit me first! Try explaining that to the police! I went to jail even though she was the one to get abusive towards me! The charges were dropped so that proves I was innocent. She still went to the interview with me even after this whole mess and now she wants a divorce from me. I just hope that USCIS will wonder why she went on this interview with me if I'm such a terrible guy!? Strange don't you think?

[Marasmus]

Newbam, my point is simply that you should not link child issues with immigration. All women who try to destroy the man they have had a child with when a marriage fails (most American women) are b i tches, period.

Women should let the law process the men-the law is very effective with that.

Being bitter and trying to destroy anything the man has, including the man's immigration status may be counter-productive because the baby of today is tomorrow's adult who will want to hear from the father, his version about why the father has been absent.

In any case, if the mother makes the mistake to re-marry and the new husband discriminates against the child even in ways only the child sees, the child will resent this new male and relate more with the absent father, since the baby may start to see that they can get love elsewhere from their biological father.

If the child knows the mother sent the father back to another country, of course the baby will resent the mother.

I would imagine however bad the father is, the mother should help the man get status here, at least for the sake of the child. Most men who are bad bad are humbled when they relate to their biological kids, especially when those kids get to an age where they can interact fully with their father.

[sappyconifer]

I'd think that it's the absence of humility that permits individuals to become bad, bad people.

[Michael]

"I was arrested for hitting her even though she hit me first! Try explaining that to the police" - Try explaining that to anyone ! You are a terrorist and a criminal ! You are a fraudster ! Get out !