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Korn0022

Divorce during Conditional Resident (merged)

By Korn0022 in Effects of Major Family Changes on Immigration Benefits

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Korn0022 Rookie

Korn0022   0

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Filed: Other Country: Thailand
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My girlfriend is on process to divorce to her ex-husband, both fill the divorce complaint and her ex-husband going to talk to immigration to get her deport out of US by January 2017.

We recieve this note from her attorney that went to court for her, please suggest us what to do. Or anything that I could help her as a US Citizen.

This is the note from attorney:

It appears husband is very upset with the wife and has called immigration on her to get her deported. His version of the events which led her to leaving the house obviously are quite different. He says that as soon as she got completed the INS interview, it was always her intention to leave basically claiming the whole marriage was a fraud on her part.

I understand that Wife's version is different( the wife version is her-exhusband is not taking a good care of her and her daughter as he said he would become more selfish and even more ###... lately, her daughter that come along with her in K-2 visa. He let her daughter sleep in his restaurant where the public can see. So she ran away to live with her cousin) . However being that it's going to be a he said she said situation, there now is a 50-50 shot that she will get money for support because they may find her to be responsible for leaving, without justification.

The only way to avoid this is to file for APL. This is a form of pre-divorce alimony. The only problem with this is that The divorce complaint has to be active. The divorce complaint was brought down from Cameron county and is now sitting in Philadelphia waiting for her husband to pay $330 filing fee. Has been said that he has no intention on paying it and that they do voice can sit and wait because she would be deported.

If wife is interested in getting this money, APL, then she would have to file the $330 filing fee and then the petition for APL. Once the petition is filed, it makes no difference who is at fault for the ending of the marriage. This way the argument that wife is not entitled is a relevant.

I want you to understand what was going on before I speak to you. I'm sure you have questions. Please think about what was said and let me know what you wish to do.

Please call me Monday if you can and I can discuss everything in much more detail.

There is another court date I need to look up the date but wife will be required to appear for that hearing, I believe it is in January. An interpreter was ordered.

Please help us out.

Sincerely Thank you

Edited by Korn0022
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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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Without a great deal of proof that the wife engaged in immigration fraud, there is absolutely nothing the husband can do to get her deported. It certainly wouldn't happen by January 2017 either. When contested, removal proceedings can take years to work their way through the immigration court system.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Ontarkie Grand Master

Ontarkie   13,916

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Filed: Citizen (apr) Country: Canada
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~~Second thread merged with the first. Please do not start more then one thread for the same topic.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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TBoneTX Grand Master

TBoneTX   43,058

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Filed: Citizen (apr) Country: Ecuador
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An attorney who refers to "INS" inspires confidence.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Why the hell would his attorney offer her advice on what to do? Why would his attorney offer to help get her money from her husband?

Your girlfriend needs to get a lawyer. She does not want to be tricked into admitting that she committed immigration fraud.

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Korn0022 Rookie

Korn0022   0

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Filed: Other Country: Thailand
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Why the hell would his attorney offer her advice on what to do? Why would his attorney offer to help get her money from her husband?

Your girlfriend needs to get a lawyer. She does not want to be tricked into admitting that she committed immigration fraud.

I will seek for the Immigration lawyer for her now. That is what I also think that she need now.

An attorney who refers to "INS" inspires confidence.

It is the husband version that tell to the court. She didnt attend the first court but her attorney did for her.

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