QUOTE(tito @ Jan 21 2008, 11:24 PM)

I know...that's why I said, "it's not really clear that..." But think about it. Prior to 3 years of marriage, there is courtship...the process to get the immigrant here...then preparing for marriage...THEN marriage. And the poster is talking about 3 years or so later. I don't think it's right to put this on the immigrant after all that. If the situation is 1 year...maybe 2 years...but really, if the motive is that transparent, they're gone within a year, or as soon as they get their, how you say, "golden egg." Certainly, the process for a green card would or should ordinarily start just after the marriage, otherwise, the K-1 will have expired, and the immigrant would not have any legal status. But to stick around for 3 years if their motive was to leave once they got their green card? I don't see it.
Well, perhaps you don't see it, but that doesn't mean it doesn't happen that way. If an alien is intent on gaining residency, and that is his or her prime motive through marriage, it is not all that far-fetched for the alien to "tolerate" the marriage for just as long as is necessary to jump over the last residency hurdle, right? After AOS, a divorce does not preclude an alien from removing conditions from the GC, if the couple had commingled financial obligations and held themselves out as husband and wife, but think, for a moment about a situation where one of the parties, the alien, enters the marriage for all the wrong reasons = the "golden egg". Wouldn't he or she want to assure that his or her case has sufficient time in before revealing the prime motivation? And also, don't you think that in such a marriage, chances are that there isn't the open or willing exchange of assets from the alien? After all, he or she does not plan to remain in the marriage a moment long than is necessary to achieve PR.
In summary, no, I think you have it all backwards...remaining with the petitioner just long enough to submit the joint I-751 (especially at a time when a large number of jointly-filed applications are being adjudicated without an interview) is a perfect scenario for a case of unilateral fraud, where the alien has an agenda unknown to the USC.