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SAMMY - I was served divorce papers from my aduletrous alien spouse today, Now what?

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  • #31
    Swissnut; Your "logic" is understandable but twisted. You keep looking at this too much from the immigration side. Pretend it is a battle. And in any battle, the other side gets a vote. Right now you are getting your butt kicked in this battle. You are thinking of what the other guy is doing instead of watching what he is doing. Hey - I did the same thing. But once I realized what they were doing, I struck hard. You are still on this board oblivious to what is happening to you. You put assets in his name ?? Why on earth did you do that ?? Forget the immigration battle. The first thing in any battle is protecting yourself; then worry about getting the other guy. You have left yourself wide open here because you are WASTING time, energy, and effort. You should have a lawyer, now, immediately, now now now, not one more second. This guy isn't stopping at the Green Card, he's got the first touch down now he's going for the field goal - ALL YOUR ASSETS. Wake up sweety before he takes the whole game. You only have a few days to respond and your lawyer needs time to put the paperwork together. You are wrong that looking like you are saving the marriage will hurt him. It will only hurt you. There are two battles here: Divorce and Immigration. The Immigration fight will last years so forget it for now. Now you are engaged in a divorce battle that will be ruthless. Focus soley on that. Time for YOU to put the victim hat on. I don't know what state you are in. TALK TO A LAWYER IN YOUR STATE. Best chances are to sue for annullment based on fraud if possible. Or sue for divorce based on abandonment. And sue for damages and to prevent him from taking your assets. Also sue for legal expenses; make him pay. No matter what - DO IT NOW !!!! Stop wasting your time asking immigration questions. You have the answers. If you want to hurt his chances at immigration, win the divorce - don't let him win. Fight back and countersue him for annullment and fraud. Just because he filed first does NOT mean he wins. And you must WIN this to have best chance of messing him up in immigration. So stop your nonsense and see a divorce lawyer NOW; Counter sue for Annullment/Divorce NOW. You are not thinkimg clearly. You are losing 1-0 at the bottom of the ninth and you have 2 outs. You will lose alot more unless you take immediate action. He will take away everything you own or will own for the rest of your life. You are not to blamed for what this con did to you before. Now you must see a lawyer; you will have no one to blame noe but yourself if you don't see a lawyer immedately. Stop being a victim and start fighting back. Do it NOW NOW NOW.

    Comment


    • #32
      Sammy.. Is it not true that many of these men in this situation (pending I751/divorce) do indeed marry another woman and immediately get her pregnant. This way even if they are "looked at for the second marriage".... they claim hardship to the USC spouse and child and generally get to stay here and not get deported. This old trick has worked for many has it not.

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      • #33
        But is it possible to file for an H-1B while divorce is pending ? Maybe go to Mexico or Canada consulate to get it there ?

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        • #34
          Sammy; Are you an immigration lawyer ? Maybe you know this or not, but what you said is not correct. BCIS will wait until a divorce is final before adjudicating an I-751 waiver. It is on the BCIS web site.

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          • #35
            Sam and 4Now;

            Technically - If BCIS determines that the marriage was fraudulant than the petitioner is permanently barred from entry meaning no H1B and no second marriages. That is why it is critical that a petitioner successfully removes conditions on the first marriage. Maybe Sammy can back me up on this one. In practice who knows ? I just read a message on the google boards where a Russian guy successfully removed conditions on his divorce even though he was only with his wife a very short while. So that is disturbing.

            Comment


            • #36
              The problem of marriage fraud is that there are very view other options for foreigners to come here to work and live as in other industrail countries. If more work visa's for instance were available, then less scrupelous people would be given the oportunity to break people's hearts for a mere greencard but then again, would we really want that kind here to work either?

              My point for Swissnut and Michael is that it's of course very sad what has happened to you and it is by no means something rare. I don't know what background your spouses come from but MOST (read: not all!) cultures in this world view a marriage as a business contract and not the renaisance romantic conclusion of such an abstract as love. Many U.S. citizens, too, view a marriage to a woman from a 3rd world country for instance as a business contract for their sexual needs (that's why you've got the waiver after bona fida divorce, Michael!). However you look at it, there is no shot you could get to be immune from hurt. All you can do is grow from your experience and learn from it. The current laws are designed specifically to curb down on abuse as much and as justly as possible. Good luck to you two and well healing!

              Comment


              • #37
                Next time I will be sure to get a lot more *** and tell her that it's part of the contract ! Your pathetic view of Americans is just propaganda and "justification" from these criminals. "Hey he used me for *** so I am justified in using him for a green card." Essentially any criminal act can be "justified" by twisting the truth and reality. And who cares if someone is hurt or destroyed by this false justification ? Victims derserve what they get is what you are saying. So then why are immigrants allowed to cry abuse at all since they deserve it ?

                Comment


                • #38
                  Michael:

                  You asked SAMMY if he was certain his information is correct on BCIS giving alien time to wait until divorce is final, and then file a waiver I751. You said that the BCIS website states this.

                  Do you think that the distinction between what the BCIS website states and what SAMMY was stating is because there is a dfference between two scenarios:
                  1. Alien cannot file an I751 at all, becasue he is in the process of a divorce, and therefore, he waits, and then files alone under wiaver and explains the tardiness of his filing
                  2. Alien HAS ALREADY filed "jointly with his spouse", and when the spouse wihtdraws the "Jointly filed I751", then alien is out of status and BCIS does not give alien time to finalize the divorce.

                  Comment


                  • #39
                    Look; I don't know what your problem is, but you are really being foolish about this. At least I had the good sense to get the divorce as soon as possible. You seem bent on destroying yourself so that will be it. Maybe you did cheat on your husband. He will take you to the cleaners when this is over with and you will be even worse off than you are now. You are surely going to lose everything you own because of your inability to listen to anyone here. If you have not seen a lawyer and filed a counter suit by now then you are really hopeless. You will only wish all he got away with was a green card.


                    But for anyone intereasted; here is what the BCIS has to say regarding a pending divorce. In Swissnuts case, this will not apply since he will have long divorced her and will be living in her house, driving her car and collecting her alimony payments.

                    In recent months, several questions have been raised regarding whether a conditional
                    resident can file a waiver of the joint petitioning requirement on Form I-751 after
                    commencement of divorce or annulment proceedings but prior to final termination of the marriage. This memorandum clarifies the Immigration and Naturalization Service.s Service) position on this issue. Memorandum for Regional Directors, et al. Page 2
                    Subject: Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage Filing a Form I-751 prior to final termination of the marriage
                    According to section 216(c)(4)(B) of the Act, a waiver of the joint filing requirement may
                    be granted if the alien spouse can establish that .the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the alien was not at fault in failing to meet the requirements of paragraph (1).. The statute clearly requires that the marriage already be terminated and, thus, the mere commencement of divorce proceedings is not sufficient. Further, in Matter of Anderson, 20 I&N Dec. 888 (BIA 1994), it was determined that an alien spouse:
                    [W]as ineligible to apply for a waiver under section 216(c)(4)(B) [of the Act]
                    because she remained married to her husband . . . if the respondent had become
                    statutorily eligible to apply for the section 216(c)(4)(B) waiver by virtue of
                    changed circumstances, i.e., through the termination of her marriage . . . she could
                    have sought a continuance from the immigration judge to pursue her alternative
                    application with the Service.
                    In addition, the instructions to the Form I-751 clearly state that:
                    [Y]ou may apply for a waiver of th[e] joint filing requirement on this form if . . .
                    you entered into the marriage in good faith, but the marriage was later terminated
                    due to divorce or annulment . . . If you are filing to waive the joint filing
                    requirement because your marriage has been terminated, also submit a copy of the
                    divorce decree or other document terminating or annulling the marriage with your
                    petition.
                    As such, an alien whose conditional resident status is approaching the 2-year anniversary
                    of the grant of such status, but who is unable to file a joint petition to remove the conditions because divorce or annulment proceedings have commenced, may not apply for a waiver of the joint filing requirement based on the .good faith. exception. If an alien.s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to
                    allow for the finalization of the divorce or annulment proceedings. It is noted that the
                    conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12).

                    Comment


                    • #40
                      Michael:

                      You really are totally unbelievable!!! First you question Sammy's advise, and that is why I posted a reply to your comment. Nowhere in my post, did I state that I was asking a question..but that's how you took it.

                      I object to your attitude and when you wrote..." posted October 22, 2003 04:13 PM
                      Look; I don't know what your problem is, but you are really being foolish about this. At least I had the good sense to get the divorce as soon as possible. You seem bent on destroying yourself so that will be it. Maybe you did cheat on your husband. He will take you to the cleaners when this is over with and you will be even worse off than you are now. You are surely going to lose everything you own because of your inability to listen to anyone here. If you have not seen a lawyer and filed a counter suit by now then you are really hopeless. You will only wish all he got away with was a green card.


                      But for anyone intereasted; here is what the BCIS has to say regarding a pending divorce. In Swissnuts case, this will not apply since he will have long divorced her and will be living in her house, driving her car and collecting her alimony payments."


                      MY COMMENT - I have already spoken with an attorney...answer is being prepared....so, I have done all I can with regard to the divorce petition!!

                      What you posted from BCIS, as far as I can see still does not address the distinction (unless, I am as you say, "foolish") between an alien who has ALREADY filed a "joint" I751 which has, as a result of a divorce action been rescinded by the spouse and an alien who is prohibitted for filing an I771 bcz divorce action has begun. Am I wrong? Sammy?

                      Comment


                      • #41
                        He will wait until divorce is final and apply for the waiver. The original I-751 is moot. It takes at least a year to adjudicate an I-751 so don't hold your breath.

                        Thank goodness you have finally gotten a lawyer. Your lawyer better reply as soon as possible. Now... start hiding your assets; put everything you own in someone elses name like your MOM or someone close. Make sure you have no cash assets. Change your locks. Get some counseling. Divorce will take a few months. Immigration will take a few years. Take a break from fretting about the immigration for a few months.

                        Comment


                        • #42
                          Michael:

                          Just as I begin to feel lik I have everything under control - now you have me worrying again.

                          Bear with me (you should, you've been thru this hell, right?) as I ask some more vital ???
                          1. Why is the I751 moot ?- we have (or at least we had a "jointly" filed I751 , which BCIS received May 2003, now 6 months. So until BCIS acknowledges my request to remove it, then the "joint I751 is there, right?.
                          2. Since 6 months have passed, then it may tkae yet another to get to adjudication, but by that time won't BCIS already have my request for wihdrawal?
                          3. My lawyer has 21 days to answer..we are on day 4 - don't think it takes more than a week to draught up an answer.
                          4. I own nothing outright...all assets are in both names except my automobile, which was purchased by me during marriage.
                          5. As I explained my husband left me with all of the mortgage expenses and the cost of maintaining the household costs - so there's little liquidity on my end
                          6. I am and have been in counseling for the past 4 months
                          7. Locks were changed on the house the week my husband keft. He has a key but it doesn't work anymore.
                          8. Divorce in MI takes at the least 81 days, if not contested. Since my spouse managed to defrauyd me out of personally owned assets, by getting me to sign them over to his name as well 30 days B4 he left - I will contest..so I xpect divorce to take many more months as I intend to get it all back.

                          Comment


                          • #43
                            Michael:

                            Sorry but I can't go through all of this thread while I post, but I think you said you divorced your wife, but it may have been before the filing requirement of the I751...is that correct. So if that is so, then actually you were not at the point in the immigration process where your ex-wife could request to have "conditions" removed yet, correct?

                            Comment


                            • #44
                              If I understand your story correctly, you filed a joint petition to remove conditions. And you have notified BCIS. You will soon be divorced therefore it will not be valid. If BCIS does not approve the joint petition, he will file for a waiver based on a divorce. Now it is theoretically possible that BCIS could approve the joint petition but since you contacted them about the divorce, they might reject it. All in all, he will lose many nights of sleep. The main thing is for you, my dear, to get divorced and go out and have some fun and meet a new guy.

                              Comment


                              • #45
                                Michael:

                                To clear up your statement...my H and I jointly filed the I751 and I have only written to rescind this applicatio this week, after the advise given to me on this board.

                                When you say, I will soon be divorced and therefore the joint I751 will be invalid, what do you mean? Do y0u mean that once BCIS receives my request to withdraw based upon my current marital condition, that they will void it? How can BCIS approve te joint petition, if I have asked to withdraw it? Sorry, I just don't get that!!!

                                Further, you said that if they reject the joint I751 (and for the life of me, I cannot understand how they could approve it if I have asked to withdraw it) then my H would be able to file a waiver. But this does contradict what SAMMY wrote so I am really perplexed now.

                                PLEASE CLEAR THIS UP...I don't understand

                                Comment

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