Getting Divorce while I 751 pending for interview and N-400 Filed,

[Going through 5,668]

3 minutes ago, mindthegap said:

BOGOF?

I'm pretty sure that option exists too  

[LUAL 43]

17 hours ago, Alex.USA.2017 said:

• I am married to US citizen from 2014.
• Filed to remove condition on March 2016.
• Received REF on March 2017 (Not enough joint financial documents) Responded to REF April 2017. Got I-551 stamp May 2017.
• Contacted USCIS to follow up and was told the case has been transferred to local office. I guess it means we will be asked for an interview.
• Filed for N-400 to expedite the interview on August 2017.

 

• Now, US citizen spouse is asking for divorce!! I am waiting for possible interview letter and any day I might get the interview scheduled. She is pushing me to get mutual divorce since it is faster. otherwise the divorce will take over a year since we must spend 1 year separated before filing.

Now I am stuck with her wanting divorce and I do not know to agree to get mutual divorce or let her file herself and go through this long divorce process.
· If she files for divorce by herself, It will take over a year and half. What will happen to my status with 2 pending immigration cases and pending divorce decree?

· How about I agree to get mutual divorce. Then what should I do with my pending I-751 and N-400? Should I go to interview? Will I get into trouble to get mutual divorce?

So sorry that is happening to you. Personally I do not have enough experience to suggest anything in this case so I would probably go to an immigration lawyer to get the best solution. Good luck!

 

[Private One 44]

15 hours ago, Alex.USA.2017 said:

One more thing..... I will get a lawyer...

That's the best thing you can do right now other than trying to reconcile with your wife.

 

5 hours ago, Alex.USA.2017 said:

Yes she did. She has mental problems. That is why her ex divorced her immediately after getting his green card. I wish I knew that before..... 

You're in a super sticky situation. To be honest, you have a very tough road ahead.

Good Luck!

[Alex.usa.2018 1]

31 minutes ago, Private One said:

That's the best thing you can do right now other than trying to reconcile with your wife.

 

You're in a super sticky situation. To be honest, you have a very tough road ahead.

Good Luck!

This is the worst ever. I can write a book about what I have been through! However, this has made me mentally stronger and emotionally independent person than I was 3 years ago.

 

Note: Reason I am using different account is because I got a message from VJ that I have reached my posting limit. Had to open another account! Weird!!

[Diane and Chris 651]

21 hours ago, Alex.USA.2017 said:

Note: My wife was introduced to me through a common friend but then during the time we were engaged I saw the real side of her. The same common person told me not to get married to her but I did not listen. What a mistake and what a waste of life.

If you saw this during the engagement, why did you marry her?  Was it for immigration purposes only?  

[Going through 5,668]

6 minutes ago, Diane and Chris said:

If you saw this during the engagement, why did you marry her?  Was it for immigration purposes only?  

I don't think so, but I'm not the OP...

 

I know that I haven't always made the best decisions when it came to my past relationships either.

 

Love is blind, as they say.

[mindthegap 2,521]

24 minutes ago, Diane and Chris said:

If you saw this during the engagement, why did you marry her?  Was it for immigration purposes only?  

FFS - what sort of a question is that?

 

[Alex.usa.2018 1]

5 hours ago, Diane and Chris said:

If you saw this during the engagement, why did you marry her?  Was it for immigration purposes only?  

I saw some trend in behavior but she said it is because of her previous marriage and I need to give her time to change herself. Yes she was right, she changed but did not get better... it got worse!

 

Note: I really do not care what you said and I did not get offended by your question. But people come here to get help and support. It is not nice of you to judge them. good luck

 

[fromthewater 11]

On 12/08/2017 at 8:42 PM, Alex.USA.2017 said:

• Received REF on March 2017 (Not enough joint financial documents) Responded to REF April 2017. Got I-551 stamp May 2017.

Sorry to hear about your situation!

 

I am going through something similar. However, I do want to ask you, what did you respond to USCIS for not having enough joint financial documents?

[Alex.usa.2018 1]

On ‎8‎/‎21‎/‎2017 at 7:49 PM, pysbfintp said:

Sorry to hear about your situation!

 

I am going through something similar. However, I do want to ask you, what did you respond to USCIS for not having enough joint financial documents?

We had filled for tax, had joint car, insurance, etc that I did not send in initial submission which I think that was my stupidity.  we were living happily and I was so busy at work that did not take enough time to think what I should send them.

 

I was really nervous when I posted here but now I am more relaxed. Anyone who gets into marriage honestly and can prove that then there is no fear. This is the country of law and order. So sorry that you are in the same situation.  

[mindthegap 2,521]

19 hours ago, Alex.usa.2018 said:

This is the country of law and order

 

 

DUN DUN

 

 

Edited August 25, 2017 by mindthegap

[PackersFan123 0]

Any updates on this case @Alex.USA.2017

[santiagosilva 8]

Any updates?

I might've found myself in this exact situation ....

[lysander 14]

On 8/13/2017 at 12:06 AM, mindthegap said:

If one person has checked out of the marriage, accept it, get it finished legally, and get on with your life.

USCIS really does not care why you are divorced, whether it is for banging the your wife's sister, leaving dirty underwear on the floor, or having a large collection of strange porcelain penises in your kitchen - all they care about is whether you are legally married or divorced, and that it was a bona-fide marriage not entered into for the purposes of circumventing immigration law.

Is this really how it works? Nolo was saying, "If USCIS discovers that you were at fault in the termination of your marriage (because you abandoned your spouse or committed adultery, for example), the agency may deny your I-751 petition."

 

The Adjudicator's Field Manual states, "While the language of the divorce decree may provide useful information on the reasons why the marriage was terminated (and therefore why a joint petition was not possible), and may even significantly increase the alien’s burden of proof, the decision on whether to grant the waiver belongs to the Service, not to the divorce court judge."

[Mollie09 1,543]

7 minutes ago, lysander said:

Is this really how it works? Nolo was saying, "If USCIS discovers that you were at fault in the termination of your marriage (because you abandoned your spouse or committed adultery, for example), the agency may deny your I-751 petition."

 

The Adjudicator's Field Manual states, "While the language of the divorce decree may provide useful information on the reasons why the marriage was terminated (and therefore why a joint petition was not possible), and may even significantly increase the alien’s burden of proof, the decision on whether to grant the waiver belongs to the Service, not to the divorce court judge."

Way to cherry-pick the field manual! Here's the most relevant part you omitted:

 

Quote

Despite the best intentions, marriages do not always work out, and sometimes even bona fide marriages fall apart in less than 2 years. IMFA was not meant to be a tool to be used against unlucky or unlikely marriages; it was meant to be a tool against fraud. Accordingly, IMFA provides for a waiver if the alien can establish that he or she entered the marriage in good faith and he or she was not at fault in failing to meet the IMFA requirements.