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

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  • #61
    Sammy, so what should a person who is married to the USC, but his marriage is falling apart, do ?

    He is employed and obviously eligible for an H-1B and, maybe, even E visa.
    There is no fraud envolved, and he has enough proof of that.
    Why can not he withdraw his green card application and apply for other visa?
    His employer will be very happy to sponsor him.
    Can he go to the third country to get a work visa ?
    Thanks for your help.

    Comment


    • #62
      Sam11:

      First off, even though someone has zillions of documentary evidences/proofs to prove their position that they are married for REAL, still you can not say for sure, or can not guarantee that marriage is occured for REAL, since anyone and everyone, even a very naive or an illiterate person, or even a child can arrange those documentary evidences or proofs very easily like having a cake in the mouth. So, there is nothing special or extra you have to prove your marriage. Matter of fact, mostly [91%] marriage based cases are frauds, according to BCIS statistic. That's the reason, BCIS always takes personal interview at the time of adjustment of status on marriage based cases. If those documentary evidences are that much important or sufficient alone in itself to prove someone's true intention of getting married for REAL, then BCIS won't even ask for personal interview if someone would have sumbitted all those evidences/proofs along with their I-130, which is the basis for I-485 [green card application, or immigrant visa, or adjustment of status application] for alien-spouse. Instead, they always take personal interview to find out the bonafide of marriage despite of having zillions of those documents/evidences/proofs. The adjudication officers are professional and do this adjudication jobs day-out and day-in for their livings, so they have the capabilities to sense somone's marriage, whether it is occured or REAL or otherwise.

      However, it is very sad and shameful that BCIS is very overburdened and unsufficient agency of U.S.Govt, because of lack of enough financial means and burden of extra work. That's why these officers, most of time don't even care to scrutinze or investiage marriage, because they need to dispose cases on their table in certain time, so they are more concerned to clean their table up, instead of investigating the marriages with eyes-wide open. That's why mostly fraud cases get approved so easily without any problems at all. So,even though someone has those zillions of documentary evidences to prove the bonafide of their marriage, BCIS knew already how much is marriage frauds out there because their reports state that 91% marriage based cases are fraud. So, the statistic speaks in itself. It's not like in 70's or 80's when BCIS used to investiage marriage based immigration very carefully by coming to people' home, asking for neighbour, keep watching couple's activities for weeks to make sure that marriage is REAL. If you've watched movie- Green card, it shows there how it used to be in the past, but it's like a joke. I hope BCIS could do the same now too as they used to do in the past.

      Second, just because someone is employed, or if his employer would be happy to sponsor him, it doesn't mean that an alien is indeed entittled for employment visa, instead Labor dept will determine lots of satisfactory requirement or criteria for labor certification. It's very long, expensive and kind of tough route to be legal here, unless you are professional in your field of work. However, in this route, you are not allowed to work until you were given the green card, and that would take very long time, like -first, labor certification needs to be approved, which would take 2-4 yrs in itself in some jurisdiction, and then employer would file I-140 with BCIS and that would take additional time, and then alien needs to file I-485 when his priority date would be current and then wait another 12-30 months to adjudicate I-485. So, it's not that easy as you think. You will be spending lots of money on attorney too in this route, because you can not do this case yourself to increase your succuss chances compared to marriage based cases. Because, in this route, you will be dealing with lots of govt agencies and if you will not be represented by attorney, then that agency might deny your case or will give you very hard time. In this route, each step needs a extra and careful consideration before move ahead.

      An alien is allowed to seek non-immigrant-visa [like H1-B in your case] even though s/he has pending immigrant-visa petition [like marriage based visa in your case]. But, it would almost be impossible to get nonimmigrant visa in this situation because each nonimmigrant visa requires a nonimmigrant intent. And if someone has already pending immigrant-visa case, then how Consulate would satisfy with alien's nonimmigrant intent when his or her immigrant is crystally clear on the record because of having pending immigrant-visa petition. To receive nonimmigrant visa [like B-1, B-2, H1-B etc.] is almost impossible unless there is very great emergency reason is existed to travel to U.S. while an immigrant-visa petition is processing, like death in the family, attending some kind of court proceedings, or to receive emergency medical treatment. Nevertheless, H1-B is a nonimmigrant visa, wherein you may live only for time-being even if you receive this visa.

      If your marriage is not working, you don't need to give up. There are lots of other ways to get green card, especially if there is abuse in the marriage towards you. If you were already granted conditional residency, then you still have great chance to get full residency. But, if you were not interviewed yet on your I-485 based upon your spouse's I-130, then there is nothing you can do, or you don't have any other option except if you were battered or abused in the marriage and your abuses were documented. You should know that if you withdraw your this marriage based case, you will be asked to leave the country within 60 days and you will be out of status right away. And, if you won't leave, then you will be subjected to deportation. However, you can withdraw your marriage based case and leave the country and then apply H1-B, but keep in mind that there is no guarantee that you will definately be able to get visa. You still have another option if your marriage is not working and if you think that your marriage based case would be denied, like- stay illegal here like millions of others. Maybe, you might find another USC woman to marry in the future, or maybe there would be amnesty in the future, who knows. However denying or withdrawing any application/petition like I-130, I-485 and even I-751 doesn't mean that there was marriage fraud. You are allowed to file any application or petition next time around. However, if a fraud is determined by the BCIS, then you will be prosecuted and will be barred permanently to enter U.S. except thru Asylum. Please don't ask me follow-up questions since I've tried my best to answer you concerns. Good luck.

      Comment


      • #63
        Michael:

        You don't need to sorry for anything because I know you don't mean to. Even if someone uses harsh wordings or tries to dis me out, it doesn't bother me at all since I am used to encounter all those kind of stuffs being very controverial figure on this board. I always remain in controvery since beginning I joined this board. So, it doesn't bother me anymore.

        If someone's I-751 is denied or withdrawn, it doesn't mean that a marriage was a fraud or a fraud has already been proven, unless BCIS determines otherwise clearly. So, it won't prevent an alien to file another immigration case thru any other ways including marrying with another USC next time around. However, if another case is filed, all applications/petitions like I-130, I-485, I-864, I-751 etc] need to be filed all over again and alien needs to wait in line again in order to process those applications again.

        It's true that if an alien-female gets impreganted by USC-male, BCIS usually considers that alien-female is really married for REAL to build family even though she has other motives than REAL marriage. You've got to understand that lots of women involve in this trick just to stay here, and I've seen in my real life. However, if an alien-male impregants an USC-female especially during deportation proceedings, BCIS's position is-just to avoid deportation. And, without the deportation proceedings, BCIS thinks that alien-male has impreganted USC-spouse by mistake during having fun. They don't take alien-male's true motive seriously even if alien-male has true motive for real marriage.

        You should know that it's always better if you have an attorney in your case if your case is very complex since an attorney can lay out all the creative defense. See how creative an attorney could be >

        A lawyer defending a man accused of burglary tried this creative defense:

        'My client merely inserted his arm into the window and removed a few trifling articles. His arm is not himself, and I fail to see how you can punish the whole individual for an offense committed by this limb!"

        "Well put", the judge replied. "Using your logic, I sentence the defendant's arm to one year's imprisonment. He can accomany it or not, as he chooses."

        The defendant smiled. And, with his lawyer's assistance, he detached his artificial limb, laid it on the bench and walked out as a free man.

        Comment


        • #64
          Swissnut:

          You've asked me if there is a way to find out if your husband has already withdrawn your jointly filed I-751. Have you realize that by asking this particular question, you've given the benefit of doubt to those people who were all along doubting that you're an immigrant instead of USC. Because, an USC should not ask this question no matter what, and there could not be any reasonable reasoning in asking this question by USC, I meant-COULD NOT BE ANY REASONABLE REASON IN ANY POSSIBLE CIRCUMSTANCES WHATSOEVER. USC-spouse can send the letter of its withdrawl regardless of whether alien-spouse has withdrawn it or not. Even if alien-spouse has already withdrawn this petition, it won't prevent USC-spouse to write a letter for withdrawing it to BCIS in order to withdraw from USC-spouse's ends.

          And why your husband would do so? Is he crazy or mental, or out of his sense? Because if he would, he would be asked to leave the country right away and his status would be terminated immediately upon receiving such request. So, he won't do this at any cost, especially when he is not eligible to file it under waiver ground. The only person would do so, who is out of their right mind. I've never heard or read anywhere that alien-spouse had ever withdrawn I-751 by himself or herself. It would clearly be suicide by an alien.

          The answer to your question is- No, there is no way for you to find out whether he has withdrawn jointly filed I-751 or not. Because, if he has changed his address with BCIS, he would be receiving his acknowledgment letter at his new address. You or your immigration attorney can not call for status check, or request for his file, otherwise it would be considered a crime. Only him and his attorney are allowed to request his file or call them for anything on his file. Like he can not go thru you naturalization file even though he is your husband, similarly you can not go thru his file with govt. However, if you write letter to them to withdraw it, they may write you back to inform you that it has already been withdrawn by your husband if he really has withdrawn it. But, they are not obligated to you after its withdrawl even if you are one of the petitioner on that petition.

          Yes, it's true that in the divorce, you would share aggregate equity and liabilities. But, don't forget the tax consequences on any share of marital properties you would receive on divorce. And you know how IRS works. This may help you to understand them [IRS] well>

          The local bar was so sure that its landlord was the strongest man around that it offered a standing $1M bet that no one could beat him.

          The challenge was that the landlord would squeeze a lemon until all the juice ran out into a beer glass, then hand the lemon to the customer. Anyone who could squeeze even one more drop out of the lemon would win the money.

          Over the years many people had tried this even truck drivers, weightlifters but all had failed.

          Then one day this frail little fella with heavy rimmed spectacles came into the bar and asked if he could try the challenge.

          After the laughter had subsided, the landlord said that it was only fair that the man be given a chance at the bet, so he picked up a lemon and started squeezing.

          Once he was done he handed the remains to the little man who promptly squeezed out 4 more drops of juice onto the bar.

          Everyone looked on in amazement as the landlord handed over the prize and asked:"What do you do for a living that has given you such a strength? Are you a lumberjack, weightlifter, or What?"

          "No" the man replied,"I work for the IRS!"



          Swissnut, let me tell you one more truth. During my studies in laws, one of my professor, who happened to be female taught or told me the top ten things that sound dirty in LAW but aren't, so here what she said as exactly:

          [10] Have you looked through her briefs?

          [9] He is one hand judge!

          [8] Counselor, let's do it in chambers.

          [7] His attorney withdrew at the last minutes.

          [6] Is it a penal offence?

          [5] Better leave the handcuffs on.

          [4] For $200 an hour, she better be good!

          [3] Can you get him to drop his suit?

          [2] The judge gave her the stiffest one he could.

          And, according to my professor, the number one thing that sounds dirty in law, but isn't: Think you can get me off?

          Comment


          • #65
            LoL Sammy

            you will have to add to the list "Lets do a 3-way"

            Comment


            • #66
              Sammy:

              The jokes are great...keep them coming!

              Sorry, my questions had no ulterior or underlying motive, I assure you. It is just that my spouse said he had consulted with an Immigration atty some time ago, and when you wrote that he had "committed immigration suicide" by filing for divorce at this time, I was just trying to figure out what was in his mind and why he would take such a step. I know, all of you say don;t think about that, but at this time, he is in a very adversarial position wit me in the whole matter (divorce that is)...and isn't it good to second guess your adversary when in conflict?

              Also, I am thinking now that if removal of the jointly filed I751, would not be the apparent option he would take, then I can only presume one of three things:
              1. he has already received the GC, in which case there would be nothing that I could do
              2. he was going to finalize divorce and then infrom BCIS and hope to get a waiver -
              3. he was hoping that he'll get GC anyway without another interview and without letting BCIS know our marriage has ended.- but if BCIS were informed by someone else, then he would have lied to them and that is really bad for him

              Comment


              • #67
                Swiss: here's a song for you

                Artist: Foo Fighters
                Al***: One by One
                Title: Times Like These (Acoustic)

                I am a one way motorway
                I'm the one that drives away
                then follows you back home
                I am a street light shining
                I'm a wild light blinding bright
                burning off alone

                it's times like these you learn to live again
                it's times like these you give and give again
                it's times like these you learn to love again
                it's times like these time and time again

                I am a new day rising
                I'm a brand new sky
                to hang the stars upon tonight
                I am a little divided
                do I stay or run away
                and leave it all behind?

                it's times like these you learn to live again
                it's times like these you give and give again
                it's times like these you learn to love again
                it's times like these time and time again
                Sweet Madame Belu

                Comment


                • #68
                  Thanks Sammy...Ur jokes are cool...do put them time by time...It makes feel lot easier specially while dealing with stressful issues !!! Pasha

                  Comment


                  • #69
                    Pasha:

                    Do you mind asking you what was the status of your I-751? I think you mentioned that your marriage was falling apart but I don't remember if you have filed any I-751.

                    Comment


                    • #70
                      Hi aguila18,
                      Yes I mentioned that my marriage was falling apart but I am still working on it and looks like we should be ok. No I didn't file my I 751 yet. I still got time to wait before I send an application. I started taking precautions, advice, information and possible ways to deal with any issue if it comes in future. I never wanted to divorce my wife even in past but sometimes... you will understand me... things go out of our control (because we are human) and then you have to keep your eyes open. I am not divorcing my wife. Right now I am just trying to forgive and forget whatever happened and she put me through... its hard to forget when somebody hurts your feelings and commitment of marriage.
                      So I am trying to get all information if something goes wrong in my case in future. And I will not give up because I didn't do anything wrong in our marriage. I hope you guys share whatever info you find on this board...that will help me too and so will do I....Pasha

                      Comment


                      • #71
                        Hi Swissnut,
                        I have been following your posts but I don't understand one thing.... I am not blaming you...I don't mean at all...but as you said in your last post...

                        "Also, I am thinking now that if removal of the jointly filed I751, would not be the apparent option he would take, then I can only presume one of three things:
                        1. he has already received the GC, in which case there would be nothing that I could do"

                        I don't understand, why do you care so much about his immigration issue ? someone has already explained you on this board that if you are concerned with I – 864... it is not that much risky what it looks like.... Are you just interested in taking revenge for everything happened to you ? but then from your past posts you were waiting for him to come back to you....and wanting to work on marriage!!!!! Yes this message board is pro alien but I am asking you in neutral way.... Lot of people out here made suspicious comments regarding your case and now even Sammy wrote same thing ...then what is the truth ? Please don't feel offended but it is hard to understand your motives.... Regards. Pasha

                        Comment


                        • #72
                          Pasha:

                          I wish you the best of lucks at improving your marriage. In my case I just could not take it anymore, she did not cheat on me or anything like that but the emotional load of getting in arguments every day for the most simple things was overwhelming. During the course of my relationship I used all my resources available to try to change things, however I had to deal with a extremely difficult person with a extreme volatil character. Relationships are really a difficult thing, however, I cannot say that my marriage was good, but should not say that it was bad also. It was a great life experience [the best one of my life] and I suffered already for not being successful at it, but there are two parties in a relationship and I have the peace of mind that on my side I did my best.

                          I hope my I-751 gets approved becaused I like the life here, and because it would be very hard to adapt myself back home, I guess I would try to immigrate to another country. However, I am trying to get as much documents and evidence if things get complicated and will be ready to fight my case until the I spend all the resources.

                          Unfortunately the wating time is killing me, it might take even one more year to know the outcome of my application and have already been waiting for 10 months, but I have faith that in the end everything will be all right, and one of the responsables for that outcome will be this great human being that comes to this board to help others , KEEP IT UP SAMMY!

                          Comment


                          • #73
                            Hi Aguila 18,
                            Thanks a lot....I am sorry to hear your story but I wish you all the best and you will get through it...we need patience and good luck.... Pasha

                            Comment


                            • #74
                              Oh lord.
                              I will tell you some stories are sickening.
                              No Patel I was talking about yours, you are one of the most people around here who makes sense. Same for you SAMMY.
                              And Patel once again my best wishes to you.
                              It sounds like things are getting a lot better.
                              I'm happy for you.

                              Comment


                              • #75
                                Oh Aguila18 I wasn't talking about you either.
                                Good luck to you too.

                                Comment

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