What should I do…We have decided to get a divorce. I do not want to send her back to Russia. She still wants to get her removal of conditions and stay here in the United States. We signed a pre-nuptual agreement in the beginning and I have everything to lose and she has nothing to gain. Should I have all my paperwork in order with a lawyer before we go to the appointment? Does she need to find another sponsor or can I still sponsor her? Please help.
On the removal of conditions form I understand that she can still get her green card. Is this true?
I am hoping for a quick and clean divorce. She is hoping I don’t contest the green card.
Full Version: Continuation of I think I was used for a green card
VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits
She can file for a waiver of joint filing requirement per I-751 directions, and can file immediately after divorce is finalized, and does not need to wait until 90 days before CR Green-card expiration.
You remain her sponsor indefinably, divorce does not void the I-864 you filed for her conditional green card, no new sponsor needed.
QUOTE
Filing after Divorce or Annulment
A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.
The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.
http://www.murthy.com/news/n_remcon.htmlA conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.
The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.
You remain her sponsor indefinably, divorce does not void the I-864 you filed for her conditional green card, no new sponsor needed.
QUOTE(olgarobert051104 @ Nov 14 2007, 11:53 AM) 
We signed a pre-nuptual agreement in the beginning and I have everything to lose and she has nothing to gain.
Should I have all my paperwork in order with a lawyer before we go to the appointment? Does she need to find another sponsor or can I still sponsor her? Please help.
Should I have all my paperwork in order with a lawyer before we go to the appointment? Does she need to find another sponsor or can I still sponsor her? Please help.
I assume the reason that you got a pre-nupt in the first place was to protect your own separate property.....Now you have everything to lose????? Makes no sense.
Paperwork in order??? I guess it would be better than random order. What do you mean by in-order??
You have no choice but to sponser her....you signed up for the program when you got married, and you are on the hook.
QUOTE(olgarobert051104 @ Nov 14 2007, 08:53 AM)
What should I do…We have decided to get a divorce. I do not want to send her back to Russia.
Well, you can't send anyone anywhere. Or are you actually a USCIS adjudicator who happens to be working on her case?
And I think this affidavit of support is overrated. I can hardly imagine a situation when it may become a problem. Unless the sponsored immigrant is a complete bozo who can't hold a job or has no brains.
Why do you want to help her stay here, if you feel you've been used for a green card? 
Also if you signed a pre-nup, then it's the other way around... you have nothing to loose, she has nothing to gain.
Also if you signed a pre-nup, then it's the other way around... you have nothing to loose, she has nothing to gain.
QUOTE(Nanusia & Lukaszek @ Nov 15 2007, 02:46 PM)
Why do you want to help her stay here, if you feel you've been used for a green card?
Also if you signed a pre-nup, then it's the other way around... you have nothing to loose, she has nothing to gain.
Also if you signed a pre-nup, then it's the other way around... you have nothing to loose, she has nothing to gain.
Not sure why you've assumed he's the one with the assets to protect but, if so, the above should be correct. However, no Prenuptual agreement is going to nullify the I-864. It doesn't take a dummy or a bozo to cause it to bite the sponsor. It just takes a vindictive former spouse.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.