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  • Will i Be Deported for

    If you divorce a USC before 2 years is up, and you already went to first interview will i lose green card?Also will i be deported in 30 day (thats what the lawyer told me):-/

  • #2
    If you divorce a USC before 2 years is up, and you already went to first interview will i lose green card?Also will i be deported in 30 day (thats what the lawyer told me):-/

    Comment


    • #3
      Its sounds like you're holding Conditional Green Card right? Well I really don't know what BCIS action to the case like this. But for what I know, 90 days before the Conditional GC expired, BOTH of you have to remove the CGC together. So if you guys divorced, it seems like you fail to follow the main rules.

      Anyway I'm not a lawyer, act accordingly. Any other person who are in your situation may be can give their views and experience on your case.

      Comment


      • #4
        So that means that since we entered the marriage in good faith but it didnt work out i might still be eligible because i checked the website of BCIS and it say that i am eligible for condition removal even if we had divorce, annulment etc. thats what has been confusing me bcause i dont understand if they mean remove the condition and go back, or remove it and get the gc. Thanks btw

        Comment


        • #5
          TO: MISSQT

          You will not be deported right away just because of your divorce, instead you will be first asked to leave the United States within 60-90 days if you don't remove the condition on your conditional green card before its 2yrs conditional periord is expired. And if you don't leave U.S. within given time, then BCIS will start a deportation proceedings against you, wherein you will be presented in front of immigration judge. Then you need to prove to the judge why you should not be deported from U.S.

          However, you can able to remove the condition on yr conditional green card even though you get divorced, but you need to prove to the BCIS that you were married in good faith at first place instead just for green card, second- you also need to prove that it is not your fault if your marriage is falled apart. That's why it's very important that you don't get divorce on those allegations which will affact you negatively in respect to immigration purpose. It's better if you file the divorce action first, instead of your husband. In addition, if there are some kind of abuses [ not necessarily physical one, instead mental or emotional abuses are also qualified for immigration purpose] going on into yr marriage and you can arrange some kind of documentations about it, then you can also ask BCIS to remove the condition on your temp. green card based on these battered/abused spouse situation.

          Try to arrange as many documents as you can-in order to show that your marriage was REAL marriage, including sworn affidavits from friends and family who know the validity of your marriage. If your husband has already filed for the divorce then check the allegations on it carefully. If it's simple divorce [uncontested], or 'no fault' divorce, or without any negative allegation against you, then it's okay otherwise you need to fight against those allegations in the divorce court for your immigration purpose. Do something instead just wasting your time in thinking or asking questions. There is no any harm in trying this route as what I told you, and anyway you don't have any other choice to stay in this country, do you?. So, I hope you now understand that you can still get your full green card as long the above requirements are met despite of your divorce. Best of all.

          Comment


          • #6
            I read the message Sammy posted to MissQT and decided to write about my situation. Maybe somebody can help me.
            I married a USC around 9 months ago. Filed for AOS 7 months ago. Already got my EAD and fingerprinted. Waiting for interview to be scheduled.
            To begin, let me tell you that my married life isn't exactly a paradise. I just din't file for divorce yet because I don't want to be sent back to my home country, after 3 almost years,leaving everything behind for him.
            Before marriage, we lived a commited(not married) relationship, but staying in a foreign country holding a tourist visa put me in a vulnerable situation.
            Then we got officially married. And one month later filed for my papers.
            It was after filing that my spouse revealed a hidden trace of his personality that was rather shocking to me.
            He started imposing conditions for me to get my legal residency:
            He demanded that I paid for all immigration expenses and for income tax increase(to file jointly). he imposed that I worked for him(eventually I would get some pocket money)
            Since I could not officially work while living here as a tourist, I did not have a souce of income and my resources became scarce.

            One month before we got married he asked for a loan to cover some debts he had with the landlord, and I naively lent to him all my economies. He never payed me back, and when I later when I asked for it, he replied that he used the money to pay for my expenses with immigration and income tax fee, period.
            I felt hopeless and shocked,but I had no choice, either accepted his conditions(sounds more like blackmailing)or he would divorce me and remove his petition for my residency.
            I happened over 5 months ago, and I still have to submit myself to his conditions if I'm to get my CGC.
            Meanwhile, he has been hunting women from my country on the internet, and making promises to bring them to the USA.(there are tenths of them dreaming of it). He meets them when he travels there and sleeps with them, and says that he is divorcing me soon.
            I have been undergoing so much hummilliation that I never thought I could bear.
            I have no doubt in my mind that he has been treating me this way because he has plans with somebody else, it's likely that he says and does all these vicious things aiming at making me get so upset to an extreme of giving up and going back to my country.
            That's the last option I would like to take.
            I believe that's a situation of abuse, but how can I prove that he behaves this way with me, since things happen whithin 4 walls, without witnesses?
            By the way, he shows a completely different behavior when dealing with strangers, acquaintances and at work.
            I need to know what options I have?
            He says that he will let me get the GC, but I'm afraid he's going to do something to jeopardize the interview(if he goes at all).

            I'm feeling really insecure and don't really trust him anymore.
            Should I wait and see if everything goes well in the interview and later apply for divorce(no fault)?
            Does anybody have other plausible options?

            Appreciate your help.

            Comment


            • #7
              you have two choices;
              ONE ( easy one ) stay married for getting the GC and removal condition and then file for divorce..
              Second( tough) gather the evidence what you said is true and log it, file for divorce and apply as battered spouse.
              Its a discussion, not a legal advise..

              Comment


              • #8
                Thanks for your answer.

                It was not clear to me whether I have to wait to file for divorce only after I have the removal condition.
                Assuming that I get the CGC after the interview, can I apply for divorce and still be able to get my permanent residence later?

                I don't think I'll be able to endure so much humilliation and stress for two years more.

                Gathering the evidences of his abusive behavior will be something extremely difficult. Whatever offensive or abusive he does to me, he makes sure not to leave evidences.
                He married another woman from the same country before, and when she was about to get her greencard, he managed to send her back to her country.(Obviously, she ignored immigrations laws and took for granted that she would be able to re-enter the USA).
                Fortunatelly, I'm a more educated person and don't give up things easily.

                Any answers will be appreciated.

                Comment


                • #9
                  I know it isnt my place to say but seeing as though I took the time to read... I wonder if staying in the USA is worth trying to put up with the type of emotional abuse Mrs.Lonelyheart describes ?

                  Myself I love my wife more than anything in this world... and if this immigration thing doesnt work out, I will be more than happy to give up my american citizenship to be with her again. Life might not be as comfertable in the sense of culture and money but the pain I have been feeling for so long now would stop !!

                  Every situation has differant aspects to it... but above all the freedom of your mind is worth more than its weight in gold and/or the allegiance to some soil. At least that is how I feel at this praticular moment in time.

                  Comment


                  • #10
                    Make_it_stop
                    Sounds like you really love your wife. I feel the same way. If I can't get a green card for my husband, I am ready to drop everything and go to his country with him. I love my own country and I feel extremely lucky to be an American, but I love my husband even more and am very lucky to be his wife :-)

                    Comment


                    • #11
                      TO: MRS. LONEY HEART

                      I really am sorry and sympathetic towards your situation, and my heart goes with you when you said that your hubby is using you for his financial gain by asking you to work for him, as well he is cheating on you with all those other women. You should know that the stastistic shows that mostly men [65%] from U.S. marry foreign women only for *** [ for piece of meat], and 25% marry for money, because they believe that their foreign wife would help them out by working hard over here. But, please take a note that these figures are reported by stastistic-report and not by me, as well in my view, it shouldn't apply to all men. I personally read a news in New York Time sometimes ago wherein it was reported that a naturalized pakistani man brought his wife from Philippines after marrying her and when she came over here, she was treated like a slave and she was not allowed to go out at all. He was using his wife to clean his friend's and his other family friends' big houses. She was even doing all other household chores for all those people. Everyone were treating her as a slave. Her husband took out a insurance policy on her and one day he took her to trenton river in New Jersey and killed her and then drawn her body in the river in order to take insurance money. Eventually, few years later he was caught.

                      Similarly, there was another case wherein a 69 yrs old man from Philedephia who always brings 18 yrs old women from Russia, Poland and Guatermala on fiancee visa. And,after having good time with them for couple of months, he sells them in the brothel in Brooklyn or other places for large amount of money because these girls are very young, naive, vulnerable, don't know anything here, languange problem, and very pretty. According to him, he always picks up very beautiful girls so that he can sell them later at good price. INS got suspicious when he brings all these girls on fiancee visas, but never marries them nor file any paper for them. Once these girls come over here on K-1 visa, he usually withdraws his K-1 petition and said that he doesn't know whether girls came to U.S. or not,and then file for another one. He brought almost 43 young girls on K-1 visas to have *** with them, and to make money on them by selling them.Eventually, he was prosecuted, but he was able to pull this act for the last 15 yrs. There are lots of similar cases of abuses which I can not explain here, but it is obvious that foreign women are being abused here one way or another in the name of green card, even though I know that these women do want a green card in order to support themselves or their family at back home, that's why most of them keep continue to put up these abuses so that they can be legal here. What a pity!

                      I personally don't see any future or happiness in your marriage because there is no love at all, since the love was never there at first place and will never gonna be there in the future. Relationship is always a 50-50 partnership, and it's always men' duty to provide for his family. It is sad to know that he is enjoying his good time in the expense of you when he is hanging out with all other women.

                      By reading your story, I strongly believe that it's just a matter of time when he will do the samething to you what he has done with his ex-wife, and she seemed very naive who took her returned and abuses for granted. But, as you said that you are educated then why are you waiting for. You know that you can not put up all these craps any longer, and what would happen if he will do the same thing to you first what he has done to his ex-wife. Therefore, it's very important that you should decide now what you want to do in your life about your immigration case rather than wasting your time in all other issues. It should be your top priority because your immigration life is in line right now, and how can you forget those hardship & scarifices you made so far in order to come and stay here. You wanna let all go so easily like his other ex did. Are those hardship and scarifices mean nothing to you? Hello ??? knock..knock..wake up, don't let him [abuser, user and manipulator] win in his mind game. You should have to look out for youself.

                      I believe that you know it very well that once your husband withdraws I-130, your case would die right away automatically [EAD also], and then you will receive a letter from the INS asking you to leave the country immediately [sometimes some offices give upto 60 days to leave, but others not]. And, at that time, anything you will do to secure your stay in U.S., would be considered towards sole purpose of staying here. So, do something now rather than later, but make sure your husband shouldn't know anything you do to secure you way out for obtaining green card, otherwise he may use those information agaisnt you in order to deport you or to bring criminal prosecution against you even though there is no guarantee that he would be able to succeed or not. As you know that you husband will leave you anyway, sooner or later, no matter what, so why not secure your side also. I just pray that you won't be same like his other ex who took the matter for granted. You have to look out yourself for your best interest. Don't depend on him for anything and don't be scared of anything. INS will not come your home to detain you, and right now you are okay as long as you have valid EAD.

                      If I were you, I will go to a psychotherepist for counselling because of these on-going mental abuses, as well I will also see a physician in the hospital for depression because you are indeed a applicant of these kind of abuses [mental and finacial abuses]. At least, this way you can able to document the situation, as well you can able to get some kind of letter from Psychotherepist and physician about your situation which would be a ground for your green card in the future if something goes wrong. Psychotherepists usually charge $20-$50 per visit, and you need to make couple of trips before they give you any kind of documentation or letter. But, if you have any Catholic Charity offices in your neighbourhood [BTW, where do you live?], then go there for therepy but make sure tell them that you don't have any job [because you are so clinically depressed to concentrate on anything at this time] to pay to them so that they won't charge you anything. Even though, you think that you can not arrange any evidence against him for abuses, but believe me there are tons of other evidences you can arrange without his knowledge which can lead your case to succeed [but no attorney will suggest you to creat anything especially over the net]. But, I can not disclose all those tricks [which are based on truth] or ways here on the net, and you do know why. I recently assist a lady from Mexico who was almost in a similar situation like yours and strange part was that she was so depressed that she was thinking to kill herself because she believed that she could not get approved on battered-spouse petition because she did not had any single evidence for abuses, but if there is a will, there would always a way, as long as you have strong determination. And by the way, you won't have any other choice anyway if your husband withdraws I-130 or if he doesn't cooperate with you in removing the condition on your temp. green card if ever you were granted for temp. one after your interview. You should start documented the situation regardless of whether you want to use those documents or not, and this way- at lease you would have something in hand when you need it in order to prove your case in the future if something goes wrong because nobody [including INS] will believe on your words alone.

                      It is important for you to know that you can not file battered-spouse petition just because your husband abused you financially; or cheating on you; or using you for your money or ***; or if your marriage is not working out well, instead there must be some kind of abuse like physical or mental or both. In addition,there are lots of requirements need to meet for battered-spouse petition, but its not that hard, believe me. If you think that you can wait until your interview then you should [as Mohan said],otherwise you don't have any other choice except the route I said above. Be serious now and do what is right for you. Good luck.

                      Comment


                      • #12
                        Dearest Sammy

                        My heart goes out to you. You have no idea how much you're helping me by highlighting all these.
                        I definitly need some therapy,whether or not I'll need to use that for immigration purposes. I will look for help in some non-profit institution or even if I have to pay, it's worth paying for to for a good purpose.
                        By the way, my situation is very similar to those of the girls you described, except that I got married to a naturalized American citizen.
                        Right now, he called on the phone and threatened me once more, just because I called his sister, and she let him know about that.
                        Except for the fact good thing that I'm an educated woman and speak English, I live in complete isolation. The only people I got to know was through him, and I cannot rely on them. They have already given enough evidence that they don't want to help me neither be sympathetical to my situation. Quite the opposite, I've been already betrayed by some of them.
                        I live in the Los Angeles Area and I'll look for some catholic charity office in the area. I still don't have a job. So far, I've been doing maintenance job and cleaning up apts. for the company he works for, without getting properly paid.

                        Thanks again for your help.

                        God bless you all.

                        Comment


                        • #13
                          TO: Mrs. lonely heart:

                          If you were in New York City , then I can able to provide you all the names and places wherein you can get all these documents without any spending any fees, because you do need ALL those documents if you really decide to file for battered spouse petition. However, your immigration life should be more important to you rather than place of residence.

                          As you said that you are educated and speak english also, then don't let your husband ruin your life, and think fast and hard what's important to you. If you have any more questions on this battered spouse or need elaboration on this petition, then you may email me at - SAMMY7258@MSN.COM. I will try to help you out to the best of my ability, and believe me you can do that without the involvement of any attorney because - (1) attorney would charge you for this petition minimum $6000- $9000 unless someone can give you some discount, (2) attorney will never tell you how to create the situation while s/he will only act upon based on your present situation and you do need to create some ground work for getting succeed for this petition, (3) mostly attorney would focus on their fees only rather than your chances to succeed, (4) I've assisted at least 25-35 people and they all got succeed for this petition because I always make sure people get right advise and solid case to BCIS for approval, (5) I help people without any fee whatsoever. Keep us udated your situation. Good Luck.

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