Hi all,

I'm saddened that things are not working for us. So I wi to withdraw my petition for my soon to be Ex-Wife. I am not sure what I should do. So I need your advice.

Current status: She has her temporary GC. We have been married for almost a year. She got GC about a few weeks ago and our problem has been happening for for a couple of months and we can't solve our differences.

So I would like to divorce and also withdraw my petition for her. How do I go about it? Can I send in my withdraw petition before the divorce is finalized? We have not turned in the divorce papers yet, but we will soon. We will try annulment first.

Also which office do I send it to? I'm in California.

Thanks for any help and I hope this forum subsection is the correct one to post to.

If she already has her condtional green card exactly what petition are you withdrawing? She's here legally now, and even if you get divorced, can still apply to remove condtions for a full Green Card. If your wife wishes to remain in the USA after your divorce, there's not much you can do to stop her.

You may want to post at http://www.visajourney.com/forums/index.php?showforum=127 there are others with similar situations as yourself.

I agree with dr lha....there IS no petition to withdraw. As far as I know the affidavit of support you signed makes you liable for her for the next 9 years.

Yes, its actually stronger than a marriage certificate!

Karen, there are several things that discharge the I-864, but "10 years" is not one of them (it's a popular myth tho!).

What are possible things that can be done? I feel I've been swindled. She stays with me till she gets everything and I'm stuck with a bill.

Also why can I not withdraw I-864 support or things? Eventually I think I will lose in the end. But for the moment, I would like to make things difficult for her to get her permanent status(out of anger and frustration).

Isn't the conditional GC valid based on marriage? If we are divorced, she does not meet the condition right and have to go back??!!?!? Unless she hires a lawyer to go back.

Please advise...

thanks...

YOu can request that the I-864 be withdrawn, but in order for that request to stand a chance of being accomodated you'd be required to provide proof that your wife's intent upon entering the marriage was for immigration benefit alone. "Feeling" as if you've been swindled, and actually having been deceived are two distinct matters. Now if you can demonstrate, through presentation of compelling evidence that you were deceived into marrying then, yes, USCIS, if satisfied with the documentation you offer could do one of two things. Either rescind the conditional green card (this is unlikely, unless there were clear written evidence of some scheme to defraud the government of a green card, and you as well) or they would examine the matter more thoroughly, and quite possibly, based on the body of evidence there is, pay close attention to her case file come I-751 time. If USCIS were to believe that fraud had been commited, actions to rescind the approval would commence. She'd have a chance to rebut that before the immigration judge. If that does not occur, when she files a waiver of form I-751, after a divorce has been finalised, there is a good chance she would be interviewed and would have to overcome any suspicion USCIS had at that time. If denied, your I-864 would no longer be required.

Any other ideas of delaying her? Since I believe of sending her back to China is not possible(I wish it was possibe).

You can get divorced and move on. Without your cooperation, removing conditions on her green card will be difficult for her. Not impossible, though.

I have read about people getting divorced and feeling swindled (which must be the way someone would feel, unlike if they just married a usc off the bat) but I really wonder, if these are not swindlers, then would it not make sense to go and do some counseling. I think it will be terribly difficult for the first few years. I really know it will be and it would be easy to walk away. But, as long as the other person is willing, I think I would step up and say, waaait a minute. I chose YOU. I love YOU. Lets try to put this train back on the track.
Bobbie

here's what i think — instead of getting revenge on her, find yourself a better woman. I'm sure that would make you feel much better than getting her deported. But you can't anyway. She has her green card and there's not much you can do. Deal with it.

And no, the green card is not valid because of the marriage. She's lived here for a year, she has her life HERE now. Why should she be sent back? Just because the marriage failed and you don't like her anymore? Right.

This isn't true. Many aliens are successful in removing conditions without the cooperation of the former USC spouse, and without difficulty.

nothing you can do... she is in the states legally now since she got her greencard... you can't take her greencard away from her and you can't send her back to her country...

This sucks. As much as you would want revenge somehow, just let life take care of that for you. Everything always evens out. When it happens or you find out, you will have the biggest laugh! It never fails!

Since it is only a temp GC.... I believe his initial I-864 was just for that. I think for her to get a permanent GC... another I-864 will have to be re-submitted to prove the support is still in place.

An I-864 is not required for lifting of conditions. The original I-864 will be in effect until terminated by it's defined conditions. Divorce is not one of those conditions.

Don't do anything. Let her begin divorce proceedings.

And more than anything, DO NOT go to her AOS interview. Let her go alone and STILL married too.

dmartmar (aka Moriarty)
She has a conditional green card already....AOS interview has already been satisfied

I hope so. I have neve seen stats on that - couldn't find. Do you know any websites with recent info on how many I-751 waivers are being approved/denied?

the conditional green card was granted to YOUR SPOUSE. NOT to you. so, even if you are divorced, she still has full legal rights to stay in US and do whatever she wants up until her AOS which is 2 years from the time she received the green card. however, if you already obtained a divorce judgement from the court, you may want to send a letter to CIS with a notarize copy of the divorce order. this is to protect yourself just in case someone is using you to do Visa Fraud. your letter will go on to your alien spouse's file but more importantly protect yourself from any claim of participating in a visa fraud scam.

one more comment. one of the board members said it partially right but not entirely accurate that, your ex wife can file for AOS herself without you. (this is totally true) however, it is difficult for her to get her status to be adjusted to permenent without you (also true) but the board member said "not impossible" though (this is partial truth. the reality is, without your good faith support and a bona fide marriage in the last two years, it is near impossible for her to get her status adjusted to permenent). there is always a possibility she can get it done, but like winning a lottery, there are jackpot winners every week but .......

your problem now is NOT to worry about her but you yourself. you want to make sure that you complete the divorce and move on with your life. best of luck.

Sorry to learn that this marriage has not worked out. It is not easy any way that you look at it.

Your wife can file for Lifting of Conditions without you, but the burden of proof will be greater. The point of a conditional green card is to make sure that the marriage was not a scam. I am going to take a wild guess, but I believe that the USCIS has seen this before and become very suspicious.

Best of luck to you.

(not true)


Correction. Without a bona fide marriage NO ONE can adjust status to permanent residency. With or without the cooperation of the former US citizen spouse. The bona fide marriage is a requirement except in cases involving VAWA.

Am I right in saying that what you meant to say was that her success is dependent upon the co-operation of the spouse? If so, that is not true.

you got it right. we are saying the same thing. in bona fide marriage, it is easy to prove as husband and wife work together to get this done. i myself did it and at least two of my friends did it. very easy and straghtforward (no different when we petition for the initial visa). however, what i focused on was cases that when the two parties are splitted. proving bona fide marriage is very difficult and a huge challenge especially when the ex spouse does not cooperate or fight the case. then it becomes a he sez she sez situation and CIS has to determine who has the better credibility.