Okay, I always answer about divorce cases because I am in the same boat or kind of.

My divorce will be final in two weeks. I really was expecting it for August, but is going to be in two weeks. I am very excited that this chapter will be closed so soon.

We originally filed the I-751 together while we were in discussions about separation last year and that he considered that I should stay in a marriage just because I made a vow to be with him until death. He told me he won't give me ever the divorce even if I have to be deported. At the end he signed the papers because he said he did not want that USCIS think that he was a bad person.

Our marriage was totally legit. I have plenty of financial links, insurance home/cars/life, banks statements, 401K, health insurance, mortgage of the house, deed, credit card, family pictures, traveling a lot, etc.

Finally after over six months of fightning and leave him with the house and everything in it, I just left with my clothes and a computer, he signed the settlement agreement. Still he needs to refinance the house, the loan and the deed is in both names.

I already moved and I just filed my AR-11. I filed in TSC in 12/13/07 and it has been in VSC since Jan.

I am the one who filed for divorce because my living with him was not possible any longer, verbally he was a master, there was no way to have a fair discussion with him that ended me getting insulted as ignorant, irrational foreigner. I don't know how I last so long. We went to marriage counseling thanks that I pushed for it but did not work since he said that he does not believe in therapists and I was the problem not him. I tried last year to go again to another counselor and he said that "irrational and crazy people like me, should be treated it like he treats me because that is what people like me deserved". I always remembered those words.

I mean, there were bad things in both fronts. There always he said and she said...but really, this time, there was really nothing I could do, he won't change or realized that he needed to change. He was married before with another foreigner, same age as me and now I found out his previous divorce papers and the dates and things he said, did not match. He said that she cheated on him...and everybody believed him even there was no proof of what he was saying only that "a friend" told him that saw her with a guy. Now he said the same thing about me...so just make the math. And it was her who wanted to leave him. He stayed separated for two years just to make her life hell. And he is doing to mine too, he already told me he will break our agreement that is in court and nobody can't do anything to him because he is going to be deployed to Iraq, which I don't know if it's true.

I went to therapy for over six months. I am trying to go on with my life. But I am not sure what I have to do now.

I went to an immigration lawyer at the beginning and told me that I have to refile my paperwork after I get my divorce decree and include a letter explaining why I did divorce and practically put everything that it was in both names or after my divorce. I still have all the paperwork, I took all our financial papers with me. I am not sure if I should include a copy of my receipt numbers and all that of my last filing.

Please help. Any feedback is appreciated. Just want to be sure...that's what it needs to be done. I already preparing my package so I can include my divorce decree and send that file right away to VSC.

You should definitely get a second opinion before you do this.

You should definitely get a second opinion before you do this.


-Thanks. But what you mean with it. Second opinion on what?

Good Luck to you

you will find the right one in the future...

Sounds like you must refile since divorce comes so fast. My sympathy to you since you are almost done with the process and now the wait will start again. Good luck. You should be fine with all that docs you have.

If your divorce becomes final before the I-751 is adjudicated (decided) then you should withdraw the original petition, stating that you are replacing it with a waiver (same form I-751, but with "d" checked). You can attach a cover sheet (letter) with your self-petition indicating the prior filing, and the reason you are now submitting the waiver. From there USCIS should be able to marry the two files.

oh - sorry, i mean an opinion from another lawyer...

You don't need a lawyer - just follow diadromous mermaid's advice. She knows more than most immigration lawyers. Good Luck

Thanks so much for the advices. Muchas gracias a todos!

Well, I did go to two lawyers though...the first one practically told me that I should stay marry because...and told me horrible stories about that took three years and that even the two spouses were already re married one got in front of a judge, I was freaking out...the other one was the one who told me I had pretty good case and I probably will be divorce before my 10yr card will be approved since everything is taking too long. After that I started searching and found out waiver cases. That he will charge me $1K for everything including the interview if is needed. I just don't have more money like that, it will take me another two-three months for it, since I spent that money in my divorce lawyer and other things that my ex did so I can protect my financial credit. Plus I am starting my life from zero, he get the house and everything on it except my clothes (I don't think they will fit him anyway...hahaha). I had to start buying everything...I even don't have a tv, chair or a sofa...which I don't care, I have my freedom. I asked the lawyer what would be different and he told me that he will file again and put a good explanation/cover letter and attached my evidence/paperwork. Well I guess I can do that for myself. If things get difficult then I guess I will hire a lawyer and go from there.

Thanks!

As a former Roman Catholic under the old rules, came to the conclusion that the church is pretty dumb on marriages, none of that pre-marital sex stuff, date with a chaperon, get married in a big church wedding, then the Holy Spirit will enter your life and everything will work out find. LOL, more like a life of hell. In complete opposition, even recommended to my daughters to live with the guy for awhile, didn't want daughters that would hop into bed with every guy they met, that is not good either, but if you are really serious, live with him before you marry him, and I don't want to hear about sex.

I followed the same advice to myself when I met my wife and we spent a lot of time together in the two years before we got married, she is also a former Roman Catholic. There were many aspects to consider, language, change of culture, change of climate, we still have communication errors, but we leave it at that, never had an argument yet after over six years and I do covet my own wife and not the neighbors. That is the way it is suppose to be. Before I met her, I never wanted to get married again, that divorce was miserable.

But thoughts came back with the I-751, a friend of my wife married a guy that was looking for free help to clean his motel, everything went smooth, that got hitched in five months after meeting. For their honeymoon, you go and clean those rooms, I am firing my maid. She was an educated woman, found a good job, and purchased her home, but a person doesn't come to this country without meeting a degree of hardships in their former country. Like quiting their job, getting rid of their assets, and establishing their selves here in a new country. So she got her ten year on the hardship basis and is a US citizen now.

I wondered about that physical abuse checkmark, in my state and many others they have that stupid no-fault divorce rule as does my wife's home country. Her ex was an alcoholic and also beat her, mine became extremely violent toward both me and my kids. I could have flattened my ex with one punch and felt like it, but wouldn't dare, I would end up in jail. So if physical abuse is not recognized in a court of law, how can it be proved to the USCIS? Ha, remember my ex crying her eyes out on the stand as to how hard she worked her hands off to the bone to raise out kids, but in reality, the judge told her to shut up as that is not reason for a divorce. Also in reality, she divorced me because I was hit in an automotive accident, couldn't work for awhile and she demanded I release our property tax money so she could go out an have fun. Started the divorce the day after my accident.

Stuff like this happens, would suggest you go for the hardship, didn't you put anything into the home you had? Shouldn't you get some of that back?

My wife had it with her ex, filed a complaint to the police and he was suppose to appear in court, but instead, left her country and has been gone life four years when I met her. She paid all the bills, but yet in the settlement, he was entitled to 50% of the assets. Same in my case, it doesn't seem fair. But we both got full custody of our kids, and that was the first thing that attracted me to her.

A good attorney may be more important to you now than a TV set.

Sounds like you can re-file I-751 without lawyer. Just dont forget to include a letter to withdrow old I-751 as Diadromos Murmaid stated. I believe that lawyers are always include this kind of petiotions since you cannot have to applications in process. All the best to you! People having trouble with no-waiver I-751 sometimes. One of the lawyers told you a horror story about waiver. But my girlfriend got 10gc without any problem (as far as i remember, she has been married for about a year). But it did took her longer; about 2 years I think.

OMg I know that about Roman Catholic stuff...you make me laughed! I was raise in RC church...my mother is but my father is not, so he let my mother gave us whatever religion education she wanted it. I mean I come from a RC country...but anyway I am not such a believer and when you are a kid what can be your options, huh?

Well, yeah I did not want to compare the tv that I dont have with a lawyer. As I said, if I needed it I will have the money, I just don't have it NOW. Right now I can do all that is needed without a lawyer. If it's needed, then of course, I will get one. I mean, right now the only thing s/he can do is to file the I-751 same as I am going to do.

Yes, you are right I did put a LOT of money into that house...but he was going to fight, as he did, for the sofa, the hardwood floors including the software in the computer. Even it was my right...to go to court, was going to be a contested one...and still fightning for every single thing that he was going to make more than a living hell of my life, no way!. Yes, he could buy me my part but where? he has no money and now he is living to Iraq...so courts just love that!.

He did something similar to his previous wife (he was married before me AND now I discovered some paperwork that the dates does not match...he stalled the divorce proceedings for over a year), and waiting for a YEAR link to him and his cracky finances, Dios mio! no way!...His ex wife (well the first one) paid off the entire loan that they were fightning. I prefer to leave everything. Material stuff is really not worth it. I just wanted to be out of the loan, that's all I asked and that's the only thing he agreed. That's when I finally filed for divorce, just that back and forth with my lawyer was expensive...and almost at the end he did not want to sign it (even the agreement was almost to his pleasure) just because he said that the agreement did not say anything about the capuccino maker and the copy of the computer hard drive...BELIEVE ME. So I said...you know what? go ahead...take whatever you want but you won't have me anymore. So whatever. I am starting from zero and I am loving my small apartment.

Well, you can check one or more waivers. So I guess it won't be a problem to just check that one too...not sure. I mean the hardship will be in that will be gone ALL that I have contribute in our marriage, my life here, my work everything...but is not that I am persecuted or could have a bad living in my country of origin you know...I filed a revocable differences divorced, so no fault in each party. He was not physical abusive but verbally he was an expert at times. I am not getting into that waiver to be sincere, I mean I yelled too and said things too.

Oh yeah I got those cries too...in front of my therapist...he cried saying that he never wanted to offend me but he was at lost so that's why he said all those nasty things...I was like "uhmm you was losing me so that's when you decided to insult me more?"...interesting.

Yeah I know what you mean. Is the moment that you know what is priority for you. Really, if I have to go back...so be it. Will be tough but I even thought about that one too and even spoke with my family and my previous co workers, actually many of my friends suggested me to go back, why stay and still goes in my mind but then I come to work and check what I have been through and done here. I will give it a try...I have been living hear three years and a half ...not easily to forget. Yesterday I was pulling together the pictures for my package and I started crying like how this happened!? how? seems so stupid now. But I am not thinking twice in my decision at all. I think it was the best decision I ever make by myself.