Filed JOINT I-751, separated, about to file for a divorce

[NewYorker]

http://britishexpats.com/forum/showt...44#post6976644

Filed JOINT I-751, separated, about to file for a divorce

--------------------------------------------------------------------------------

Friends,

What would you advice to me in the following situation:

I have been married to my wife for over 2 years now. I have suffered a lot (have couple of police

reports, etc.), but always thought that I should suffer it through until I get my real Green Card

(10-year-green card).

I am holding a conditional Green Card based on marriage. I filed for the JOINT I-751. My wife

wants a divorce now. How should I proceed?

1. Is it better if I file for a divorce myself, before she does (wanted to do it a long time ago)?

2. Should I let her file for a divorce and say "No" at the court, trying to extend the divorce process,

so that I can get the approval of I-751 first?
2.1 If I get the I-751 approved before divorce will be finalized, will I be safe?
2.2 What if I get divorce finalized prior to the approval of the I-751? What should I do?

3. Since she moved out of our apartment, do I have to notify USCIS about it now?

4. Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?

People, I very rely on your help and hope for answers as soon as possible, since she is about to file

for a divorce.

Please help.

My timeline (TODAY's date: Nov/15/2008):

Got Conditional Green Card: Feb/05/2007
JOINT I-751 was recieved by USCIS (Vermont Service Center): Nov/10/2008

[NewYorker]

http://britishexpats.com/forum/showt...44#post6976644

Filed JOINT I-751, separated, about to file for a divorce

--------------------------------------------------------------------------------

Friends,

What would you advice to me in the following situation:

I have been married to my wife for over 2 years now. I have suffered a lot (have couple of police

reports, etc.), but always thought that I should suffer it through until I get my real Green Card

(10-year-green card).

I am holding a conditional Green Card based on marriage. I filed for the JOINT I-751. My wife

wants a divorce now. How should I proceed?

1. Is it better if I file for a divorce myself, before she does (wanted to do it a long time ago)?

2. Should I let her file for a divorce and say "No" at the court, trying to extend the divorce process,

so that I can get the approval of I-751 first?
2.1 If I get the I-751 approved before divorce will be finalized, will I be safe?
2.2 What if I get divorce finalized prior to the approval of the I-751? What should I do?

3. Since she moved out of our apartment, do I have to notify USCIS about it now?

4. Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?

People, I very rely on your help and hope for answers as soon as possible, since she is about to file

for a divorce.

Please help.

My timeline (TODAY's date: Nov/15/2008):

Got Conditional Green Card: Feb/05/2007
JOINT I-751 was recieved by USCIS (Vermont Service Center): Nov/10/2008

[MakeItRight!]

ghgfvghbvgvbnvhgvghbvbnjvbnvbnvbn!!!!!!!!!!!!

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NewYorker:
http://britishexpats.com/forum/showt...44#post6976644

Filed JOINT I-751, separated, about to file for a divorce

--------------------------------------------------------------------------------

Friends,

What would you advice to me in the following situation:

I have been married to my wife for over 2 years now. I have suffered a lot (have couple of police

reports, etc.), but always thought that I should suffer it through until I get my real Green Card

(10-year-green card).

I am holding a conditional Green Card based on marriage. I filed for the JOINT I-751. My wife

wants a divorce now. How should I proceed?

1. Is it better if I file for a divorce myself, before she does (wanted to do it a long time ago)?

2. Should I let her file for a divorce and say "No" at the court, trying to extend the divorce process,

so that I can get the approval of I-751 first?
2.1 If I get the I-751 approved before divorce will be finalized, will I be safe?
2.2 What if I get divorce finalized prior to the approval of the I-751? What should I do?

3. Since she moved out of our apartment, do I have to notify USCIS about it now?

4. Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?

People, I very rely on your help and hope for answers as soon as possible, since she is about to file

for a divorce.

Please help.

My timeline (TODAY's date: Nov/15/2008):

Got Conditional Green Card: Feb/05/2007
JOINT I-751 was recieved by USCIS (Vermont Service Center): Nov/10/2008 </div></BLOCKQUOTE>

Hi New Yorker,

Just make sure you have alot of proof that your marriage was valid. USCIS isn't as forgiving as it once was since there's so much marriage fraud. If you have alot of proof that your marriage was real, you should be okay.

[Brit4064]

There's a couple of changes in the I-751 system which might affect you NewYorker, starting from 2004:

Effect of separation/divorce on pending I-751 petitions
Although this came from the NE Service Center, I believe they all require these procedures now.

And a newer one from 2006:

Potential Denial with No Interview for Removal of Conditions

[Patrick Smith]

By the way,you don't have to notify USCIS that your wife moved out of the apartment that you both shared together...I was a conditional resident my self,and my wife divorced me and I didn't really have a lot of joint documents to submit with my application as proof,just a few joint phones bills,and two police reports and email correspondence between us both and phone records.I actually filed single on my tax return statement,but had amended it later on to married but filing separately,and had submitted a letter from a physician that explained that I suffered depression brought about by strain in our relationship,etc and a transcript detailing the court proceedings when we were in matrimonial court and the divorce decree,and that was it,and it was just recently my application got approved,after I was interviewed at Federal Plaza in the same Month.

[Brit4064]

In my case, I bought the divorce proceedings because she had moved out and was supposed to file but never did, trying to drag it out. It will have no effect who files for the divorce first. I filed I-751 in 2003 before the new procedures came into effect.

[Patrick Smith]

If the divorce comes thru before your I-751 application is approved,then you will have to re submit the application again and pay a separate fee.

[Patrick Smith]

And another thing again,my application was processed over in Vermont and it took one-year from the date it was submitted to the date that I was interview,then the same Month that I got interview,my application was approved.

[Patrick Smith]

I think that you should contest the divorce so that you have ample time to have your application approved,I had contested my divorce because most of the stuff that my ex wife used against me in the divorce papers were not true,and she was trying to have me deported stating that I treated her cruely.

[NewYorker]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Patrick Smith:
I think that you should contest the divorce so that you have ample time to have your application approved,I had contested my divorce because most of the stuff that my ex wife used against me in the divorce papers were not true,and she was trying to have me deported stating that I treated her cruely. </div></BLOCKQUOTE>


Thank you very much Patrick!
If I understand you correctly you are advising to contest the divorce until I get the I-751 approved, right? Couple of quest. to that:
1. Don't I have to notify uscis that I am in the divorce process?
2. You have contested but still filed another I-751 for the second time, correct?

[NewYorker]

Thank you to Everybody! You like a family to me!

My wife wants us to go and get a divorce in three days. What should I do? File for an unconted divorce?

My conditional green card expires in Feb.2009. I am going to get any work author. any time soon? Do you know when?

[NewYorker]

I went to the lawyer today, and he said that I won't get a green card if I get divorced. Is that true? If not, what's the truth?

[SonofMichael]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NewYorker:
I went to the lawyer today, and he said that I won't get a green card if I get divorced. Is that true? If not, what's the truth? </div></BLOCKQUOTE>

The truth is your lawyer is incompetent

[Patrick Smith]

New Yorker,your lawyer is not telling you the truth,that you cannot get a green card if you get divorced.Of course you will be able to get a green card even if you are divorced.

I did not file my I-751 two times.My divorce was finalized before it was time enough for me to apply for removal of conditions.How ever,what I suggest you do,like how you already had filed your I-751 application,and divorce is in the picture,it is likely that you will have to refile your I-751 application over again and pay the fee again...or what you can do is,make am infopass appointment and visit the immigration dept and talk to an officer on the subject,and hear what he/she says..or if you would like,you can call the immigration hotline at(1800-566-7636),and they will advise you further on what to do..On the other habd,immigration hotline has nothing to do with the immigration Dept,it's a free service that gives advice on immigration matters affecting folks your your self,etc! The hotline will be able to advise you on what steps to take,trust me.