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divorce now or later / I-751 / reasonable thing to do

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  • divorce now or later / I-751 / reasonable thing to do

    I need advice. I am in a difficult situation. I am a US citizen.My wife is up to remove her conditional residence status. We married, and have had many problems since. I feel that the best thing for us, after marriage counseling and many sincere joint attempts to fix our problems, is to get divorced. I still care very much for my wife, however, as a person We have accomplished much together, and I respect her. She does not want to get divorced. I want to get divorced for two reasons: 1) I am tired of fighting; we are good people, but not a good match 2) I see an increasing financial liability, and don't feel comfortable with our marriage enough to make major plans for the future, and would also like to limit my losses for the future if we kept trying, but eventually got divorced in a few years.

    I would like to know what the ramifications would be if we divorced after she got her permanent green card, and how concrete an American divorce is when the marriage certificate is foreign.

    Thanks Everyone!

  • #2
    I need advice. I am in a difficult situation. I am a US citizen.My wife is up to remove her conditional residence status. We married, and have had many problems since. I feel that the best thing for us, after marriage counseling and many sincere joint attempts to fix our problems, is to get divorced. I still care very much for my wife, however, as a person We have accomplished much together, and I respect her. She does not want to get divorced. I want to get divorced for two reasons: 1) I am tired of fighting; we are good people, but not a good match 2) I see an increasing financial liability, and don't feel comfortable with our marriage enough to make major plans for the future, and would also like to limit my losses for the future if we kept trying, but eventually got divorced in a few years.

    I would like to know what the ramifications would be if we divorced after she got her permanent green card, and how concrete an American divorce is when the marriage certificate is foreign.

    Thanks Everyone!

    Comment


    • #3
      She's Russian right?

      1. It is HER problem now not yours; don't fall any of her tricks
      2. It does not matter where you are married; just get divorced in that state
      3. Your choice; Divorce/Annulment now and get off free or wait and see what monster will come out of her; accusations of abuse, set ups to call police, feigned injuries to have you arrested, prolonged divorce and bills, alimony, you name it
      4. Seize all papers and records, close all accounts in her name; destroy all evidence of a bonafide marriage
      5. Get an annullment or Divorce; Annullment is better; do not expect her cooperation so just have your lawyer serve her with papers
      6. Sue for an anullment based on marriage fraud; or if you can't sue for divorce based on abandonment; try to send her home and use that address as hers and have her served there; hopefully she won't come back; just give her a one way ticket and promise to send the return ticket by mail
      7. If you have any beloved pets, send them to a relatives house or a friends house until she is out of the house for good; many stories where these people take revenge on animals
      8. Be careful of things she might attempt to do to hurt or kill you; mine set up the gas fueling system in my house to explode during the night but it just caught on fire and I barely escaped; murder is a very common thing to them and don't think I am not serious
      9. Once complete, send anullment papers to USCIS along with her Alien ID number
      10. Finally, Hook up with loveme.com and get a new mail order bride

      Comment


      • #4
        Thanks, but she is from brazil.

        Comment


        • #5
          Smae thing; just do it quickly and don't tip her off; its like doing a mafia hit

          Comment


          • #6
            A divorce decree issued in a US court is a legal document demonstrating that the marriage has been terminated. Once your wife has conditional residency a divorce should not preclude her removing the conditions, as long as the divorce is final prior to the filing time for removal of conditions and as long as she has ample evidence to show that it was a good faith marriage.

            As a side note, the Affidvait of Support signed by you will still be in force until your wife abandons her permanent residency, naturalizes or acquires 40 quarters credit with SSA for working. (There is another event that would end the obligation under the Affidavit of Support - death of the beneficairy, which I'll add just to be complete).
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #7
              Hey Sappy you are far from complete !
              The Affidavit of Support is a JOKE and has NEVER been used to make USC pay for grint!! A letter to USCIS withdrawng the affidavit is sufficient to free this guy. And a divorce may very well preclude her from her from getting conditions removed if done correctly. But I don't like taking chances.

              That is why I am suggesting for him to get an annullment based on fraud or at the minimum a divorce based on abandonment from the time before the AOS interview with the paperwork sent to her home country or somewhere othr than with husband. I suggest DESTROYING all evidence of a bonafide marriage; bank statements, marriage records, insurance records, bills, pictures, etc.... I would recommend civil lawsuits to get her to pay for all expenses with regard to divorce and anything else that he paid. I would recommend that he provide an affidavit to USCIS that she committed fraud with any incriminating statements that she made. I would bury her. Hopefully she will end up marrying a loser and be more miserable than ever.

              I don't believe in defeating the enemy, I believe in destroying them.

              Comment


              • #8
                I beg to differ on a number of points.
                The I864 is a legally binding obligation between the USCIS and the sponsor and the reasons that few are enforced has nothing to do with the fact that the contract is not binding, but that the regulations (INA) do not require that an agency sue the sponsor for recovery of funds paid out to an ineligible immigrant. Note I said "require". The regulations do provide for an agency to "request" repayment from the sponsor and agencies can indeed place more pressure on the sponsor, to include suit, if they are inclined.

                There are no circumstances when an I864 can be withdrawn after adjustment of status has been approved. There is the instance permitting withdrawal of an I864 after submission, but prior to adjudication of the application to adjust status (AOS). There is also an instance where an I864 will be voided or revoked, upon a finding of fraud by the USCIS and also an I864 will be no longer binding should the petition to adjust status be denied.

                There is also, for informational purposes only, a provision permitting a sponsored alien to sue the sponsor, should the sponsor be unable to maintain 125% of the poverty threshold income. Although I find that provision wholly ludicrous, it does exist!

                FYI: Destruction of evidence would be really inadvisable to try to thwart an alien's chance of securing permanent residency. If these accounts were jointly held, an immigrant would be entitled to request additional copies from the issuing creditors, agencies or banks and such activity would most likely ensure success for an alien, using the US citizen's abuse of control and discretion as grounds for some sort of abuse waiver.

                Did you say you are attending law school? With tuition costs are high as they are, it'd be wise not to sleep in class.
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                Comment


                • #9
                  As the owner of such documents, I am allowed to destroy them or kep them in a bank vault or other secure location. Yes the grint COULD get copies but that makes it much harder and costly. You must wear down your enemy before you strike the final fatal blow. It is no fun to kill your enemy outright; pain and suffering must be inflicted first.

                  Comment


                  • #10
                    I appreciate the info and the discussion you all have provided.

                    It seems unlikely to me that a wife who was sponsored would / would be able to claim much from an ex-husband who sponsored her. Is this the consensus? Things really are fairly amicable for a divorce. I have heard of horror stories.

                    Comment


                    • #11
                      You have a lot to worry about; here are things tha have happened to me personally or to other people:

                      1) False charges of abuse; women often injure, cut and even shoot themselves and call the police and accuse you of hitting, stabbing or shooting them and having you arrested and going to jail for several yearsl. BY LAW, Police are automatically to arrest the husband REGARDLESS of evidence and a court will sentence you to jail without a trial or any civil liberty protections that are given to all other criminals such as rapists. You are PRESUMED guilty.
                      2) Green Card is STILL a concern; a lawyer will warn her against a divorce and she may use fabricated violence as an excuse; this happens extremely often thanks to the Violence Against Women Act (VAWA)
                      3) Alimony - Women often try to take away everything you own and still sue for alimony; courts are 100 % on their side. EVEN IF now she is amicable, a lawyer will paint her a picture of all she can get and how she "deserves it"
                      4) Damage to home, property, pets, children; these women often will vandalize your home, steal, and injure, maim or kill your children and or pets
                      5) Injure, maim or kill you; if all else fails, women will attempt to kill you; and by claiming abuse again, she is LEGALLY allowed to kill you even if you are sleeping and say that she suffered from "battered women syndrome" and was justified and the case against her will AUTOMATICALLY be dismissed as "justifiable homicide". This happens frequently.

                      She is playing a game with you with the "amicable divorce". She is setting you up. You will see. Every guy thinks that it will be amicable and how his darling love wouldn't do THAT to him ! Every guy says that until it happens to them !

                      Comment

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