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Amicable Divorce?

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  • Amicable Divorce?

    Hi there,

    My husband and I have been married just over 2 years, passing our first interview no problem and he received his temporary conditional GC. That was last October, when things were still mostly good. Now however things are not so good and we have decided to call it quits.

    Over the last several months our differences have been pulling us apart and the commonalities we once shared just aren't there anymore, or I am just growing out of them. Either way... it has become increasingly obvious to both of us, that even though we still care for one another, our lives just aren't moving in the same directions. I grew up on a rural island and I long for the simple country life, he is from London and wants the go go go of the city. We simply are not meant to be married and definately CANNOT live together any longer.

    We married quickly and impetuously, not really knowing what we were getting ourselves into legally with all this immigration stuff, he even waited months after we were married before filing our initial paperwork. Like I said we aren't the couple of the year and his ability to procrastinate on important matters is only one of the reasons this just aint gonna work.

    But still we are mostly ok with each other and simply want to get divorced, apperently you can do it online these days for $162. But now having done some research and reading many of the threads on this site, I feel like that isn't going to be possible.

    I haven't read anything on here quite like my case. I read a lot about fraud and abuse. We married in good faith and now want to go our seperate ways. Of course he want to stay in the US. He has many friends and family where we live, in fact an American cousin of his is partially sponsoring him, along with myself. I didn't qualify to do it alone due to my income at that time.

    Can anybody clue me in on what we're up against here?

  • #2
    I would be suspicious of a $162 divorce first of all !!! You need to spend at least $500 in even the most amicable circumstances !

    As far immigration consequences, if you are divorced at the time where he has to fle for removal of conditions, he will have to file a "good faith" waiver. Therefore you have two choices: 1) wait until then (another 18 months) and file jointly to remove coditions 2) Divorce and write a letter vouching for the marriage's legitimacy and make sure he has documentation to back it up. Offer to attend the removal of conditions interview even as an ex wife. This would be very nice gesture.

    I would suggest that you both discuss it and that you each understand that you are not trying to hurt each other so there is no warfare and false accusations going back and forth. It is not beneficial to either party to become vindictive and better to part as friends. I always attempt to part as friends with girlfriends, wives and mistresses.

    If you both cooperate then there should be no issue. The best as far as immigration goes would be to remain married until then but I know that could be impossible. So getting divorced and vouching for the marriage might be the best realistic choice.


    • #3
      What about his desire to stay in the country. Once we get divorced, doesn't that make his conditional GC essentially expire?


      • #4
        I would suggest consulting with 3 immigration attorneys and get an idea of the chances that a "good faith petition" (I-751 I think) would be approved. You might also help your case if you get some affidavits of friends supporting your case. Also I would think the longer your marriage lasts the better the chance. It might seem a bit suspicious that a petition would filed so soon after the conditional green card was received. However an immigration attorney could give you an idea if this is a legitiment concern.

        Good luck


        • #5
          Yes, after the divorce is final the divorced immigrant spouse has 30 days to leave the country or they begin "accruing illegal presence". This is why a good faith waiver needs to be filed before this time. Anyway a consultation visit with an immigration attorney is your best bet to understand everything. Also all of this is going to cost allot more than a $162 divorce. USCIS fees have taken quite an increase.


          • #6
            No his conditional GC does not expire upon divorce. DO not listen to any nit wits that say get a lawyer. Only criminals need lawyers and once immigration sees a lawyer they know there is a crime involved.

            The CGC last for 2 years regardless of what happens. At 15 months the grint must apply to remove the conditions. Actually, if he divorces within the two years he does not have to even wait 15 months and can apply immediately upon the final divorce (why this is so is beyond me because it is like a reward for getting a divorce !)

            If they are successful in removing conditions (with a divorce or abuse waiver or not) they will have an unconditional green card.

            Often a spouse will divorce the USC or set up a situation where they are "abused" to get a waiver. Be careful not to fall into this trap. When facing deportation, these "people" will resort to any desperate measure to remain. Remember that America is paradise and wherever they came from is h e l l. They will do just about anything to keep their stinky feet on American soil.

            The most obvious thing would be to work things out with the USC to have an amicable divorce or delay it. But these are stinky feeted immigration who know nothing about civilization and decency so they resort to all the other nonsense like abuse and good faith waivers.

            Your "kindness" might end up with you in prison on false abuse charges and nasty lawsuits. Your story has all of a sudden changed in tone. I would divorce a.s.a.p. and not help stinky feeet.

            The sudden change in tone makes me think that you are the stinky footed fraud.


            • #7
              You may consider this OT, but my general opinion is this:

              One shouldn't marry unless one is really committed to live in matrimony to the end.
              It's one of those things ,on my opinion, the relationship with a woman or a man you live with or married to,
              it's just like your other family members: you don't "change your" mind and pick a new parent or new children in lieu of existing, just to appease your caprice.

              But then everyone has their individual course in life, not for me to judge or direct.

              In any event, if for any reason you decided to divorse, go ahead and do it as simple and easy on both of you as possible.

              As to immigration, USCIS or immigration attorney may advise you on what to do.

              Good luck


              • #8
                Had some more thoughts to add. Actually a 'friendly' divorce may create a problem. If he applies I-751 with this friendly divorce they may look at that as a scam you were in on. Since most divorces are a he said she said battle of ***, lies, and abuse yours may look staged if its not.

                Reason being there are people who marry immigrants for profit and do a quicky divorce once they have their unconditional GC. Make sense?

                If on the other hand you have substantial proof it was real. It may not be a problem. Proof would be things like lots of picures together, joint bank accounts, things of that nature that show you guys really did have a marriage. Not to say you want to turn it into a knock down drag out free for all. If it isn't don't make it one.
                Not to argue with you, davdah, but each case is unique and is judged accordingly.

                There was a guy from Africa who married an American woman just prior to his coming to States (she was there as a teacher).
                Actually, I think he married her after coming to States on K visa.

                They stayed together a month, two or so.
                No lease, no bills, nothing together.
                The marriage , as a matter of fact , didn't work out. It wasn't a fake marriage, everyone who knew them personally knew that it was real.
                But it didn't work out and they parted in good terms, in a month.
                No "he said/she said" BS.

                Two years later he filed I-751, went to interview (alone, with affidavits from her and other witnessess, pictures) and USCIS granted him 10 year GC.

                What USCIS looks at is if marriage was entered with bona fide intentions or not.
                And the way USCIS looks at it is far from "If they don't hammer each other on the head, they must be faking it".


                • #9
                  I do not believe most divorces are nasty. At least not with legitimate marriages. I think divorces become nasty when a scammer reveals their true colors and continues their deceit and their victim tries to break out. The scammer, realizing that the free ride is over, gets vindictive and often violent and desperate.


                  • #10
                    American women are bigger frauds than to foreigners believe you me (whatever that means !). But marriages that start out genuine and loving will end on a sad but friendly note and not hostile. I am convinced that the poster here is not legitimate and is, in fact, a fraud.


                    • #11
                      Originally posted by SonofMichael:
                      American women are bigger frauds than to foreigners believe you me (whatever that means !). But marriages that start out genuine and loving will end on a sad but friendly note and not hostile. I am convinced that the poster here is not legitimate and is, in fact, a fraud.
                      Excuse the interruption, but most American women are smart enough to have their own money in this day and time. At least the ones I know!Most of us want to be independent so we are not considered to be dependent on men to support us.


                      • #12


                        • #13
                          Speaking of divorces with kids involved, only 10% are "contested" but boy do those make up for the other 90%.

                          Also when there are kids involved (I'm sure I'm going to get beat up for this what the hey) women tend to completely lose sight of the ball; what they wind up spending on the custody fight winds up a LOT more than what they get in terms of child support.


                          • #14
                            Originally posted by ProudUSC:
                            Excuse the interruption, but most American women are smart enough to have their own money in this day and time. At least the ones I know!Most of us want to be independent so we are not considered to be dependent on men to support us.
                            If you consider being fat, uneducated and lazy to be "smart" then American women win. The only money most women have is the money they stole from their ex husbands. Foreign women are fsr better educated, slimmer and much harder working than any American woman. The rest of the world laughs when they see the "Peg Bundys" that we have here. How else do you explain why so many men spend thousands of dollars to fly to Russia to find a decent wife? We love women; we HATE American women; the fattest, laziest and most stupid of any woman on earth.

                            We can settle this right now; what is your height and weight (Most Russian women weigh les than 110 pounds)??? What degree do you have (Most Russian women have PhD's) ??? Did you ever defend your city from a Nazi invasion ???

                            TELL US !!!


                            • #15
                              In the African ladies case..
                              She was pale white and bright-yellow blonde, looked like a super-model from the cover of the magazine.


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