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VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

thedora
Hi, Im new here.. I recently had my greencard (conditional) but my husband wants to divorce me, he said he just fall out of love sad.gif I have to respect his decision, my question now is my greencard is good for 2 years only, How can i remove my condition of status if me and my husband are not together anymore, Is there any options for me what should i do? I want to continue my living and work here in US because i been here for a year and half..I really appreciate the help.
GaryC
From what I have seen here about cases similar to yours you can remove conditions on your own. It may be harder but if your marriage was in good faith then they will let you stay. Maybe someone with more experience may be able to help you. Good luck.
dmartmar
QUOTE
Hi, I'm new here. I recently got my CGC and now my husband says he wants a divorce b/c he fell out of love with me.


Wow! You should be really grateful to your husband. What a nice guy!

He wants a divorce after you already got a CGC. Had he wanted it before, your chances of obtaining one would've been very slim.
Kez/JWolf
I am so sorry things have not worked out for you.... you can file to remove the conditions as soon as your divorce is completed, you dont have to wait the 2 years.... you will have to be able to prove that you entered into the marraige in good faith...

Hope this has helped


Kezzie
thedora
QUOTE(Kezzie @ May 20 2006, 06:19 AM) *

I am so sorry things have not worked out for you.... you can file to remove the conditions as soon as your divorce is completed, you dont have to wait the 2 years.... you will have to be able to prove that you entered into the marraige in good faith...

Hope this has helped


Kezzie



Thanks for the response, that really gives me idea what to do after he divorce me! I still have so many question in my mind , like what is the example of the proof that the marriage was in a good faith that i can give to INS..I Hope that theres anyone here who know my case and give me more advice and what to do..
thanks guys! I really appreciate the help.
maria_b84
dmartmar shut up pls. You are always the first one who bothers people who r already in pain. Shut your mouth and leave pls. Your absence is really appreciated. I also ignored you, that way I wont read any of your posts.
You can remove the conditional on your own, as long as you can prove that your marriage is a bona fida marriage, which I think it is. Im really sorry and I wish you all my best! heart.gif

Maria
diadromous mermaid
QUOTE(thedora @ May 20 2006, 02:23 PM) *

QUOTE(Kezzie @ May 20 2006, 06:19 AM) *

I am so sorry things have not worked out for you.... you can file to remove the conditions as soon as your divorce is completed, you dont have to wait the 2 years.... you will have to be able to prove that you entered into the marraige in good faith...

Hope this has helped


Kezzie



Thanks for the response, that really gives me idea what to do after he divorce me! I still have so many question in my mind , like what is the example of the proof that the marriage was in a good faith that i can give to INS..I Hope that theres anyone here who know my case and give me more advice and what to do..
thanks guys! I really appreciate the help.


If you search on here using the term waiver I-751 you should find plenty of threads that speak of removing conditions from the green card after a divorce. Basically, you need to demonstrate that when you married you intended to co-mingle your financial and social lives and resided together (if applicable, since some people may not able for professional or educational reasons)

Evidence can be and is not restricted to:
Tax returns filed as married
Joint bank statements
Joint credit card bills
Joint utilities
Your name on health insurance with your husband
Alien listed as a beneficiary on life insurance
Both names on titles for autos
Both names on deed for home
Both names on a lease
Both names on any loans
Driver's license showing the marital residence
etc....
dmartmar
QUOTE
Dmartmar, pls. shut up. You are always the first one who bothers people who r already in pain. Pls. shut your mouth up and leave. Your absence will really be appreciated. I also ignore you, so that way I won't read any of your posts.

You can remove the conditional on your own, as long as you can prove that your marriage was bona fide, which I think it is. I'm really sorry and wish you all my best!

Maria


You're ignoring my posts, yet replying to this one. Go figure! wacko.gif

What about my post makes it seem like I'm bothering the OP? Just stop and analyze the situation for a second; the husband could've been an #$$hole and seek the divorce before their AOS interview, which of course would've jeopardized her CGC approval, but he was nice enough to still help her obtain it anyway. Hard to believe for someone who "fell out of love;" don't you think?

So of course she should be grateful to her husband! Wouldn't you?

Jaylen Brit
OP - if relations between you and your husband are cordial, and civil, (and I see nothing in your post to indicate otherwise) perhaps he can assist with evidence you BOTH entered into the marriage in good faith?
People DO fall out of love, and its better you guys end it NOW than struggle on unhappily - I do wish you both the best in the future smile.gif
dmartmar
QUOTE
To the OP - if relations between you and your husband are cordial and civil (as I see nothing in your post indicating otherwise), he could perhaps assist you with evidence that BOTH entered into marriage in good faith.


Their relations must be cordial and civil, based on the fact that her husband waited until after she got her CGC to propose the divorce, not before.

QUOTE
People DO fall out of love and it's better that you guys end it NOW, than struggle on unhappily. I do wish both of you the best in the future.


While it is true that people DO fall out of love, the husband still must've had some feelings of love left towards his wife if he helped her get the GC anyway and did not propose divorcing before their AOS interview.
nila101
QUOTE(dmartmar @ May 20 2006, 07:37 PM) *

QUOTE
To the OP - if relations between you and your husband are cordial and civil (as I see nothing in your post indicating otherwise), he could perhaps assist you with evidence that BOTH entered into marriage in good faith.


Their relations must be cordial and civil, based on the fact that her husband waited until after she got her CGC to propose the divorce, not before.

QUOTE
People DO fall out of love and it's better that you guys end it NOW, than struggle on unhappily. I do wish both of you the best in the future.


While it is true that people DO fall out of love, the husband still must've had some feelings of love left towards his wife if he helped her get the GC anyway and did not propose divorcing before their AOS interview.



if you actually read her post it does not state that the husband waited until she received the green card until he initiated divorce proceedings or even the suggestion thereof - it stated that she received her green card and that now the husband is presently seeking a divorce... nothing more...

you know the issue of a green card (it would appear to mean a lot more to you than people who actually hold or want one), is your own suggestion and a construct of your own imagination - nowhere did the OP state or suggest that the divorce was put on hold until the conditional status was obtained -

the OP does not need nor want snide comments and perhaps your energy would be best spent elsewhere - a suggestion might be a board entitled 'i'm paranoid, insecure and most of all unfulfilled - plese help me!' i doubt that they would suggest that the cure was to become a cyber/virtual bully (aka a coward) so maybe don't bother because the answers might hurt....

to OP sorry for hijacking your thread and all the best..... niall
Collie
I wish you all the best. Unfortunately it does happen but its better to divorce than to live an unhappy life.

Kat luv.gif
dmartmar
QUOTE
if you actually read her post it does not state that the husband waited until she received the green card until he initiated divorce proceedings or even the suggestion thereof - it stated that she received her green card and that now the husband is presently seeking a divorce... nothing more...

you know the issue of a green card (it would appear to mean a lot more to you than people who actually hold or want one), is your own suggestion and a construct of your own imagination - nowhere did the OP state or suggest that the divorce was put on hold until the conditional status was obtained -


And you're right! Nowhere in her post does she state that!

But think about this. The OP says she just recently got her GC. Soon thereafter, the husband proposes divorcing her b/c he's fallen out of love with her. Instead of the OP being sad about it, she says she has no problem with his decision, then inquires about how to be able to remove the conditions on her GC by herself.

Now, we know that falling out of love happens gradually, over a period of time. Why would the husband wait until after the OP got her GC to mention wanting to divorce her? He had to love her, if he helped her get her GC anyway. Why would he mention this just now, after she just got her GC?

A person who falls out of love would not go along with his/her immigrant spouse, helping them get a GC.
thedora
Thanks Guys for the response, I really appreciate it!!
to dmartmar please be respectful.. I am hurt , Im having a hard time at this time. Hope this will not happen to you.
dmartmar
QUOTE
to dmartmar please be respectful.. I am hurt , Im having a hard time at this time. Hope this will not happen to you.


It already did. I feel your pain.
Gwen666
QUOTE(dmartmar @ May 21 2006, 07:17 AM) *

Why would the husband wait until after the OP got her GC to mention wanting to divorce her? He had to love her, if he helped her get her GC anyway. Why would he mention this just now, after she just got her GC?

A person who falls out of love would not go along with his/her immigrant spouse, helping them get a GC.


Maybe because he's a nice guy, who sees she's established a life of her own, and didn't want to screw her over? Some people in this world are actually still just nice. Maybe he didn't feel like just chucking her out and seeing her uprooted after she uprooted her own life in her own country to be with him.

Maybe he still likes her as a friend, but not as a lover?

There are hundreds of reasons a man might wait until she is settled to move on, particularly if the split is amicable. It doesn't mean he still loves her as a man should love a wife just because he helped her get a green card. Maybe he just felt he was being a decent person and doing something nice for someone else.
dmartmar
QUOTE
Maybe because he's a nice guy, who sees she's established a life of her own, and didn't want to screw her over? Some people in this world are actually still just nice. Maybe he didn't feel like just chucking her out and seeing her uprooted after she uprooted her own life in her own country to be with him.

Maybe he still likes her as a friend, but not as a lover?

There are hundreds of reasons a man might wait until she is settled to move on, particularly if the split is amicable. It doesn't mean he still loves her as a man should love a wife just because he helped her get a green card. Maybe he just felt he was being a decent person and doing something nice for someone else.


Don't you think that helping her get a GC by not loving her as a wife, but as a friend, could be seen as marriage fraud? Would he incriminate himself like that?

And if the split was amicable, she wouldn't be here worried and asking how to be able to remove conditions on her own, W/O her husband's help.
Gwen666
It sounds to me like the marriage was entered into in good faith, though. That the feelings changed after marriage is not something that either of them could help. You have to admit, with immigration being what it is, people sometimes make the choice to go into marriage too soon just so they can have a chance to be with the person at all. It probably could be construed as fraud, yes-and given your background and position as Official VJ Cynic, I can see where you're coming from-but in this case I really feel I should give the OP the benefit of the doubt, and I am. Obviously, that doesn't mean you have to, though.

As she's now headed for divorce, I think it's fine that she is asking about removal of conditions without her husband, as she won't have one.
dmartmar
QUOTE
You have to admit, with immigration being what it is, people sometimes make the choice to go into marriage too soon just so they can have a chance to be with the person at all. It probably could be construed as fraud, yes.


Whoa! If people sometimes make the choice to "go into marriage to soon" b/c immigration "is what it is" would tell me that immigrants really don't marry to have a chance of being with the person they love, but to gain immigration benefits.
Gwen666
That's not what I'm saying and you know it. And I refuse to get angry at you or get into an argument over it, because you have a completely different perspective than I do, and completely vaild reasons for your views and cynicism.

What I am saying is that in order to even get a chance to be with the person they love and even TRY at being in a relationship, people facing immigration have to jump right in, pull out all the stops. There is no "easing in" or "going slow"; if you want to be with the person at all, it's immigrate or nothing. Visits can only be done for so long and will only tell you so much. Some people, like my husband and myself, were lucky and visited each other for almost a year before we decided to commit. We had the resources, and we were lucky. But what about the people who don't have that chance-who must make the decision to commit to someone based on a few two week vacations and lots of phone calls? Immigration puts the choice out there-commit, or continue being apart. It polarizes things for most people-that's not fraud, it's just the choice some people face. Not everyone has a year off or financial reserve to go and visit their SO in another country, and so they make relationship choices based on what they can gather-and sometimes, it just isn't enough, no matter how well-intentioned it is at the start.
maria_b84
dmartmar is never respectful, so dont even pay attention to his posts, he doesnt know anything. I wish u all my best

Maria
meauxna
QUOTE(dmartmar @ May 21 2006, 12:37 AM) *

marry to have a chance of being with the person they love, but to gain immigration benefits.



d,
Suggest you go to this group (alt.visa.us.marriage-based) and search this phrase:
"love got to do with"
short for What's Love Got To Do With It.

You may be very surprised (most people in the marriage visa process are) to learn that love ain't necessarily got nuthin' to do with it.
dmartmar
QUOTE
Some people like my husband and myself, were lucky enough to visit each other for almost a year, before we decided to commit. We had the resources and we were lucky.


Kudos to both you and your husband for taking the time to get to know each other as well as possible, before marrying, which is the right way to do it.

QUOTE
What I am saying is that in order to even get a chance to be with the person they love or even TRY at being in a relationship, people facing Immigration have to jump right in, pull out all the stops. There is no "easing in" or "taking it slow." If you want to be with the person, it's either Immigrate or nothing at all.


That's all fine and dandy with me, but no sane person would just "jump" into a relationship, much less marry someone whom they barely even know from another country and another culture.

QUOTE
And what about the people who don't have that chance, who must make the decision to commit to someone, based on a few week's vacation and lots of phone calls? Visits can only last but for so long and only will tell you but so much.


I thought tourist visas were for sightseeing and traveling in the US, not to get to know people better.

QUOTE
Immigration puts the choice out there: either commit or continue being apart. It polarizes things for most people, which is not fraud. It's just a choice some people face. Not everyone has a year off or the financial reserves to go and visit their SO in another country, so they make relationship choices based on what they can gather. Sometimes it just ain't enough, no matter how well-intentioned it is at the start.


Then it seems as immigrants get married for the wrong reasons.

Let's be real. How many immigrants want to go back home w/o a GC, after acknowledging making the mistake of jumping so soon into a marriage with a USC they barely even knew? Almost all want to stay or go back with a GC in hand.

QUOTE
d,

I suggest that you go to this group (alt.visa.us.marriage-based) and search this phrase: "love got to do with," which is short for "What's Love Got To Do With It."

You may be very surprised (most people in the marriage visa process are) to learn that love necessarily ain't got nuthin' to do with it.


I know, which is exactly the point I'm trying to make!



QUOTE
Dmartmar is never respectful, so don't even pay attention to his posts. He doesn't know anything. I wish u all my best.

Maria


I know much more than what you think. And just as I respect everyone's posts, including yours, mine should be respected as well.
dmartmar
QUOTE
d,

I suggest you go to this group (alt.visa.us.marriage-based) and search this phrase: "love got to do with," short for What's Love Got To Do With It.

You may be very surprised (most people in the marriage visa process are) to learn that love ain't necessarily got nuthin' to do with it.


Meauxna,

I forgot to ask you: how do I access this group?
Yodrak
dmartmar,

AVUM-B is a Usenet newsgroup. You can access it with an application called a 'news reader', or simply 'reader' (MS Outlook Express has a 'reader' function.)

Or there are web sites that act as portals to usenet newsgroups. Google is one.

Yodrak



QUOTE(dmartmar @ May 22 2006, 03:30 AM) *

Meauxna,

I forgot to ask you: how do I access this group?
meauxna
QUOTE(dmartmar @ May 21 2006, 11:00 PM) *

QUOTE
d,

I suggest you go to this group (alt.visa.us.marriage-based) and search this phrase: "love got to do with," short for What's Love Got To Do With It.

You may be very surprised (most people in the marriage visa process are) to learn that love ain't necessarily got nuthin' to do with it.


Meauxna,

I forgot to ask you: how do I access this group?


google is your friend smile.gif
You can also find the group at www.britishexpats.com Go to Forums and look for the marriage based immigration to the US forum.
Older archives are at google in the "groups" tab.

QUOTE(dmartmar @ May 21 2006, 10:35 PM) *

That's all fine and dandy with me, but no sane person would just "jump" into a relationship, much less marry someone whom they barely even know from another country and another culture.


Call me insane, then. Sometimes a cigar is just a cigar, d. And sometimes, it all works out well.
Happy 4 year anniversary to me & mine! smile.gif
diadromous mermaid
QUOTE(dmartmar @ May 21 2006, 03:37 AM) *

QUOTE
You have to admit, with immigration being what it is, people sometimes make the choice to go into marriage too soon just so they can have a chance to be with the person at all. It probably could be construed as fraud, yes.


Whoa! If people sometimes make the choice to "go into marriage to soon" b/c immigration "is what it is" would tell me that immigrants really don't marry to have a chance of being with the person they love, but to gain immigration benefits.



Let's not forget that according to the regulations, immigrant benefit should not be the "sole benefit" of a marriage-based petition. Inherent in that clause is that it can be one of the benefits, just not the only one! While that might not appear to be the prevailing approach to marriage, nor might it be morally correct for some, it also does not conflict with the INA smile.gif
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