Help - Search - Members - Calendar
Full Version: Self-Petition on grounds of divorce. Success stories?
VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

sanane
I've read lots of posts on this board asking for advice on what to do in case of divorce.

The standard answer given by many seems to be that self-petitioning to remove conditions from 2-year greencard is possible; if the alien can prove that the marriage was entered into with good faith and was bona-fide.

Just wondering if there are actually people on this board who got divorced, self-petitioned and were successful. Would love to hear what your story was, how long you were married, why the marriage didn't work and what evidence you were able to submit.

Thanks!

-S.
mr_james
Whoa! No success stories? There's gotta be someone out there. Please, give the rest of us some hope.


QUOTE(sanane @ Jan 11 2008, 01:32 PM) *
I've read lots of posts on this board asking for advice on what to do in case of divorce.

The standard answer given by many seems to be that self-petitioning to remove conditions from 2-year greencard is possible; if the alien can prove that the marriage was entered into with good faith and was bona-fide.

Just wondering if there are actually people on this board who got divorced, self-petitioned and were successful. Would love to hear what your story was, how long you were married, why the marriage didn't work and what evidence you were able to submit.

Thanks!

-S.

tito
If things didn't work out, why on earth would an alien who came here under the graces of a well-intended U.S. Citizen have the audacity to seek permanent resident status. Jeez!!! What NERVE! Things didn't work out? SEE YA!

The SUCCESS for such a story would be DEPORTATION!

That may sound a little harsh and un-American in terms of welcoming foreigners. But come on. Get a ticket, it's not for the full ride. I find it offensive when aliens come here without ANYTHING at risk, all on the dime of the USC who gives up so much in terms of money, time, effort, heart, and if things don't work out, the alien wants to stay! Again...what nerve! I vote for MY version of a success story. Things didn't work out? Too bad. The USC suffered enough. Say, "thank you" and "I'm sooo sorry" and have the common courtesy to say good-bye, good luck, because the USC is saying GOOD RIDDANCE!

Oh, you could always try the ol', "I'm a victim of abuse" routine...but please. Have some dignity and just leave it be...the USC is the one who gave everything up for you, so let it be.
C and J
QUOTE(tito @ Jan 16 2008, 06:49 AM) *
If things didn't work out, why on earth would an alien who came here under the graces of a well-intended U.S. Citizen have the audacity to seek permanent resident status. Jeez!!! What NERVE! Things didn't work out? SEE YA!

The SUCCESS for such a story would be DEPORTATION!

That may sound a little harsh and un-American in terms of welcoming foreigners. But come on. Get a ticket, it's not for the full ride. I find it offensive when aliens come here without ANYTHING at risk, all on the dime of the USC who gives up so much in terms of money, time, effort, heart, and if things don't work out, the alien wants to stay! Again...what nerve! I vote for MY version of a success story. Things didn't work out? Too bad. The USC suffered enough. Say, "thank you" and "I'm sooo sorry" and have the common courtesy to say good-bye, good luck, because the USC is saying GOOD RIDDANCE!

Oh, you could always try the ol', "I'm a victim of abuse" routine...but please. Have some dignity and just leave it be...the USC is the one who gave everything up for you, so let it be.


Actually, I find that all rather offensive. You are entitled to your point of view but the way you put it forward is obnoxious to say the least.

Both parties give up things to be together, not just the USC and not just the spouse. I am giving up a well paid job (I earn FAR more than my husband does), the country I have lived in all my life, close contact with my friends and my family (it's not just a small car journey or walk anymore), a country I am comfortable in and understand. All to be with my husband and I do it gladly... but how can you say that is not giving up important things? Not everything is about money. Those other things you mention: effort, heart and time... well, we both are equal is those, he gives no more time, love or effort than I do. No relationship should be so one-sided as you seem to show, otherwise it's no relationship at all.

Also, the money used for a USC to petition for their spouse is THEIR money, not just the USCs money. It may be old fashioned but once you are married, everything is shared, there is no "his" or "mine", there is only "ours". If the marriage breaks up and then the story changes to it was the "USCs money" then that is resentment talking. If you are talking about fiance(e) visa's then that is different but a marriage license doesn't have to be the first moment your posessions become "shared".

Marriages break up for numerous reasons and your comment implies that it is always the non-USCs fault. If a foreign spouse gives up his/her home country for a year or so, gets a job, helps support the family and the marriage breaks up due to unforseen circumstances, I don't think the foreign spouse should be immediately told they have to leave. After all, they have worked for that amount of time to create a new life for themselves. Not all marriage splits are non-amicable either, it could be a joint decision to separate and on good terms.

I have no idea what the future will hold, but I have hope that my husband and I will grow old together. Should things not work out that way, I don't know whether I will come home to the UK or want to stay in America. However, I would like to have the option... not just be thrown on a plane and told to leave (exaggeration, obviously). At this point, it is only my husband and his family that are my reasons for wanting to be in the States but, after living there for a while, who knows.
tito
It's my hope that things work out for everybody, no matter the country of origin. Yeah, everybody gives up alot - and when you give things up for love, you do it for love, and that's great...but not for a free ticket to the States. There are many who risk everything and who will do anything to get out of where they are just to be in the U.S. They'll climb electrified fences, cram into unventilated trucks and vans, run across rivers and deserts...they'll even marry a USC if they can. I find the original post QUITE offensive..."how to stay if things didn't work out". Please.
diadromous mermaid
QUOTE(sanane @ Jan 11 2008, 12:32 PM) *
I've read lots of posts on this board asking for advice on what to do in case of divorce.

The standard answer given by many seems to be that self-petitioning to remove conditions from 2-year greencard is possible; if the alien can prove that the marriage was entered into with good faith and was bona-fide.

Just wondering if there are actually people on this board who got divorced, self-petitioned and were successful. Would love to hear what your story was, how long you were married, why the marriage didn't work and what evidence you were able to submit.

Thanks!

-S.

There are many successful cases, sanane and I would suspect that the information on how long married and what evidences were provided would run the gamut.
pcana
QUOTE(C and J @ Jan 16 2008, 03:17 AM) *
QUOTE(tito @ Jan 16 2008, 06:49 AM) *
If things didn't work out, why on earth would an alien who came here under the graces of a well-intended U.S. Citizen have the audacity to seek permanent resident status. Jeez!!! What NERVE! Things didn't work out? SEE YA!

The SUCCESS for such a story would be DEPORTATION!

That may sound a little harsh and un-American in terms of welcoming foreigners. But come on. Get a ticket, it's not for the full ride. I find it offensive when aliens come here without ANYTHING at risk, all on the dime of the USC who gives up so much in terms of money, time, effort, heart, and if things don't work out, the alien wants to stay! Again...what nerve! I vote for MY version of a success story. Things didn't work out? Too bad. The USC suffered enough. Say, "thank you" and "I'm sooo sorry" and have the common courtesy to say good-bye, good luck, because the USC is saying GOOD RIDDANCE!

Oh, you could always try the ol', "I'm a victim of abuse" routine...but please. Have some dignity and just leave it be...the USC is the one who gave everything up for you, so let it be.


Actually, I find that all rather offensive. You are entitled to your point of view but the way you put it forward is obnoxious to say the least.

Both parties give up things to be together, not just the USC and not just the spouse. I am giving up a well paid job (I earn FAR more than my husband does), the country I have lived in all my life, close contact with my friends and my family (it's not just a small car journey or walk anymore), a country I am comfortable in and understand. All to be with my husband and I do it gladly... but how can you say that is not giving up important things? Not everything is about money. Those other things you mention: effort, heart and time... well, we both are equal is those, he gives no more time, love or effort than I do. No relationship should be so one-sided as you seem to show, otherwise it's no relationship at all.

Also, the money used for a USC to petition for their spouse is THEIR money, not just the USCs money. It may be old fashioned but once you are married, everything is shared, there is no "his" or "mine", there is only "ours". If the marriage breaks up and then the story changes to it was the "USCs money" then that is resentment talking. If you are talking about fiance(e) visa's then that is different but a marriage license doesn't have to be the first moment your posessions become "shared".

Marriages break up for numerous reasons and your comment implies that it is always the non-USCs fault. If a foreign spouse gives up his/her home country for a year or so, gets a job, helps support the family and the marriage breaks up due to unforseen circumstances, I don't think the foreign spouse should be immediately told they have to leave. After all, they have worked for that amount of time to create a new life for themselves. Not all marriage splits are non-amicable either, it could be a joint decision to separate and on good terms.

I have no idea what the future will hold, but I have hope that my husband and I will grow old together. Should things not work out that way, I don't know whether I will come home to the UK or want to stay in America. However, I would like to have the option... not just be thrown on a plane and told to leave (exaggeration, obviously). At this point, it is only my husband and his family that are my reasons for wanting to be in the States but, after living there for a while, who knows.


Well said C and J!!!! every story is different,it's easy to judge withour knowing the FACTS!! mad.gif
mooninlove
QUOTE(sanane @ Jan 11 2008, 09:32 AM) *
I've read lots of posts on this board asking for advice on what to do in case of divorce.

The standard answer given by many seems to be that self-petitioning to remove conditions from 2-year greencard is possible; if the alien can prove that the marriage was entered into with good faith and was bona-fide.

Just wondering if there are actually people on this board who got divorced, self-petitioned and were successful. Would love to hear what your story was, how long you were married, why the marriage didn't work and what evidence you were able to submit.

Thanks!

-S.


Yes there's hope...I am one of the many who have success stories with regards to self-petition of I-751. I was approved Feb of last year. I submitted evidences like the regular filers plus my decree. I got RFE'd (detailed statement of failed marriage), sent it back and within two weeks got my approval without an interview..So don't mind those people who were not in the same boat like us and yet discourages us. As long as you could provide evidences of your bonafide marriage, you'll be fine. good.gif
Zaher
QUOTE(tito @ Jan 16 2008, 02:49 AM) *
If things didn't work out, why on earth would an alien who came here under the graces of a well-intended U.S. Citizen have the audacity to seek permanent resident status. Jeez!!! What NERVE! Things didn't work out? SEE YA!

The SUCCESS for such a story would be DEPORTATION!

That may sound a little harsh and un-American in terms of welcoming foreigners. But come on. Get a ticket, it's not for the full ride. I find it offensive when aliens come here without ANYTHING at risk, all on the dime of the USC who gives up so much in terms of money, time, effort, heart, and if things don't work out, the alien wants to stay! Again...what nerve! I vote for MY version of a success story. Things didn't work out? Too bad. The USC suffered enough. Say, "thank you" and "I'm sooo sorry" and have the common courtesy to say good-bye, good luck, because the USC is saying GOOD RIDDANCE!

Oh, you could always try the ol', "I'm a victim of abuse" routine...but please. Have some dignity and just leave it be...the USC is the one who gave everything up for you, so let it be.



I tend to agree with you, lets all be honest about this there are many scammers that will say anything make a USC fall in love then when they get here file for divorce a few months later (or a couple of years later). This has something to do
there home situation and there wish for a better life. Not all are like this and there are many that genuinely try but the marriage does not succeed. The burden of proof has to be on the immigrant to show that this was a real marriage and
not a marriage entered into to gain citizenship. Of course the USC citizenship should have a say in this matter. There
should be a longer requirement to stay married (lets say 5 years ) this would weed out most of the scammers....

Cheers
Taylorlove
QUOTE(C and J @ Jan 16 2008, 03:17 AM) *
QUOTE(tito @ Jan 16 2008, 06:49 AM) *
If things didn't work out, why on earth would an alien who came here under the graces of a well-intended U.S. Citizen have the audacity to seek permanent resident status. Jeez!!! What NERVE! Things didn't work out? SEE YA!

The SUCCESS for such a story would be DEPORTATION!

That may sound a little harsh and un-American in terms of welcoming foreigners. But come on. Get a ticket, it's not for the full ride. I find it offensive when aliens come here without ANYTHING at risk, all on the dime of the USC who gives up so much in terms of money, time, effort, heart, and if things don't work out, the alien wants to stay! Again...what nerve! I vote for MY version of a success story. Things didn't work out? Too bad. The USC suffered enough. Say, "thank you" and "I'm sooo sorry" and have the common courtesy to say good-bye, good luck, because the USC is saying GOOD RIDDANCE!

Oh, you could always try the ol', "I'm a victim of abuse" routine...but please. Have some dignity and just leave it be...the USC is the one who gave everything up for you, so let it be.


Actually, I find that all rather offensive. You are entitled to your point of view but the way you put it forward is obnoxious to say the least.

Both parties give up things to be together, not just the USC and not just the spouse. I am giving up a well paid job (I earn FAR more than my husband does), the country I have lived in all my life, close contact with my friends and my family (it's not just a small car journey or walk anymore), a country I am comfortable in and understand. All to be with my husband and I do it gladly... but how can you say that is not giving up important things? Not everything is about money. Those other things you mention: effort, heart and time... well, we both are equal is those, he gives no more time, love or effort than I do. No relationship should be so one-sided as you seem to show, otherwise it's no relationship at all.

Also, the money used for a USC to petition for their spouse is THEIR money, not just the USCs money. It may be old fashioned but once you are married, everything is shared, there is no "his" or "mine", there is only "ours". If the marriage breaks up and then the story changes to it was the "USCs money" then that is resentment talking. If you are talking about fiance(e) visa's then that is different but a marriage license doesn't have to be the first moment your posessions become "shared".

Marriages break up for numerous reasons and your comment implies that it is always the non-USCs fault. If a foreign spouse gives up his/her home country for a year or so, gets a job, helps support the family and the marriage breaks up due to unforseen circumstances, I don't think the foreign spouse should be immediately told they have to leave. After all, they have worked for that amount of time to create a new life for themselves. Not all marriage splits are non-amicable either, it could be a joint decision to separate and on good terms.

I have no idea what the future will hold, but I have hope that my husband and I will grow old together. Should things not work out that way, I don't know whether I will come home to the UK or want to stay in America. However, I would like to have the option... not just be thrown on a plane and told to leave (exaggeration, obviously). At this point, it is only my husband and his family that are my reasons for wanting to be in the States but, after living there for a while, who knows.

Well said, no-one could say that any better.

As for you Tito - my thoughts to you would be 1) travel OUTSIDE of your country to further seek knowledge on something you don't have a clue about 2) and realise that people are people USC or not. I won't say it as elegantly as my friend here but you have a very foul and discourteous mouth and you need to bleach out the dirt. No I can't see what the success is about a 'divorce' whatsoever, though circumstances are circumstances and until you know what they are - keep it zipped. I'm tired of your sorts of posts they are foul.
Taylorlove
QUOTE(Zaher @ Jan 16 2008, 08:29 PM) *
QUOTE(tito @ Jan 16 2008, 02:49 AM) *
If things didn't work out, why on earth would an alien who came here under the graces of a well-intended U.S. Citizen have the audacity to seek permanent resident status. Jeez!!! What NERVE! Things didn't work out? SEE YA!

The SUCCESS for such a story would be DEPORTATION!

That may sound a little harsh and un-American in terms of welcoming foreigners. But come on. Get a ticket, it's not for the full ride. I find it offensive when aliens come here without ANYTHING at risk, all on the dime of the USC who gives up so much in terms of money, time, effort, heart, and if things don't work out, the alien wants to stay! Again...what nerve! I vote for MY version of a success story. Things didn't work out? Too bad. The USC suffered enough. Say, "thank you" and "I'm sooo sorry" and have the common courtesy to say good-bye, good luck, because the USC is saying GOOD RIDDANCE!

Oh, you could always try the ol', "I'm a victim of abuse" routine...but please. Have some dignity and just leave it be...the USC is the one who gave everything up for you, so let it be.



I tend to agree with you, lets all be honest about this there are many scammers that will say anything make a USC fall in love then when they get here file for divorce a few months later (or a couple of years later). This has something to do
there home situation and there wish for a better life. Not all are like this and there are many that genuinely try but the marriage does not succeed. The burden of proof has to be on the immigrant to show that this was a real marriage and
not a marriage entered into to gain citizenship. Of course the USC citizenship should have a say in this matter. There
should be a longer requirement to stay married (lets say 5 years ) this would weed out most of the scammers....

Cheers
why does everyone assume that everything is to do with a scam just to get into America?? It makes me wonder why ppl are so afraid and nervous to post a message on any forum asking a question that is so simple to answer without misinterpretation. I don't understand the gist of your message when you say take a minimum of 5 years as a length of time requirement for marriage, if the perfect love was as long as 2 or 3 years and then someone cheats, would that be determined as a scam? Could this not be entered into good faith?? Gosh. You are not paid to be raising suspicions here only the USCIS..... let's start helping eachother out and stop these malarky messages including yours.
consolemaster
According to Form I-130, and I-129F you can't self-petition. I don't understand what you mean.
Jomo's girl
I have heard it is possible; but dont' know anyone who has done it. Something about a waiver.
pushbrk
QUOTE(consolemaster @ Mar 17 2008, 11:22 AM) *
According to Form I-130, and I-129F you can't self-petition. I don't understand what you mean.


This is not about a visa. Neither the I-130 or I-129F is involved. The OP is talking about removing conditions on a two-year conditional green card already in hand.

I doubt there are many VJ members who are foreigners, divorced who removed conditions on their own. Why would they be here reading posts? Their visa journey is over.

It is absolutely doable. You just need to show the marriage was bona fide and entered into in good faith. Divorce is not grounds to deny removal of conditions.

A foreigner who left behind their life in the home country to begin a new one in the US based on a bona fide marriage entered into in good faith, is entitled to remain in the US as a permanent resident if they otherwise qualify and wish to do so.
garya505
Here's a case for you. One of our friends came here from another country to marry a USC. She is now pregnant with their child. Unfortunately the guy is a nut-case who can't hold a job. He's a pretty good actor and can act normal when he wants to but the signs are there if you look (I've spoken to him on several occasions). They live with his parents because he can't keep a job, so he just sponges off his parents. He got fired from his last job at a casino for taking bribes. She has recently found out that he was married before (another K-1) and the first wife left him when she found out he's a pedophile (has not been caught yet).
mooninlove
QUOTE(sanane @ Jan 11 2008, 09:32 AM) *
I've read lots of posts on this board asking for advice on what to do in case of divorce.

The standard answer given by many seems to be that self-petitioning to remove conditions from 2-year greencard is possible; if the alien can prove that the marriage was entered into with good faith and was bona-fide.

Just wondering if there are actually people on this board who got divorced, self-petitioned and were successful. Would love to hear what your story was, how long you were married, why the marriage didn't work and what evidence you were able to submit.

Thanks!

-S.


YES!! I applied my I-751 with a waiver and successfully gotten my approval Feb of last year. I submitted the requirements/proof plus the decree. Got an rfe, no interview. And now waiting for my time for my N400. See my timeline.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.