Conditional Removal Through A DIVORCE

[jazzygirl 0]

Hello, Everyone

Unfortunately its been not even a week that my Husband has filed for a divorce and the paper work is on its way. The reason for Divorce is based on in supportability issues and differences in personalities.. He is assuming i have cheated on him (WHICH I HAVE NOT) and because of all this is has threaten to withdraw or revoke his sponsorship of me as his wife and is also threatening to take away my green card, Military ID, Social Security and everything else that is of legal standings to me..

I would like some advice on what steps i ought to take on this matter. I do know i need legal advice as he is not making much sense and has becoe quite vindictive toward the whole situation.

I'd also like to know if he can ultimately take away my green card before my status expires on 10/12/09 ? Iam in the process of filing my I-751 form and Will have that mailed out by the beginning of Next week Monday.

This is all happening very fast but, am i still in the safe zone as I am still within my 90 Day window for filing my I-751?

Someone please help !!

[imailin 0]

Hello, Everyone

Unfortunately its been not even a week that my Husband has filed for a divorce and the paper work is on its way. The reason for Divorce is based on in supportability issues and differences in personalities.. He is assuming i have cheated on him (WHICH I HAVE NOT) and because of all this is has threaten to withdraw or revoke his sponsorship of me as his wife and is also threatening to take away my green card, Military ID, Social Security and everything else that is of legal standings to me..

I would like some advice on what steps i ought to take on this matter. I do know i need legal advice as he is not making much sense and has becoe quite vindictive toward the whole situation.

I'd also like to know if he can ultimately take away my green card before my status expires on 10/12/09 ? Iam in the process of filing my I-751 form and Will have that mailed out by the beginning of Next week Monday.

This is all happening very fast but, am i still in the safe zone as I am still within my 90 Day window for filing my I-751?

Someone please help !!

But, is your divorce complete????? Well... if you are in a divorce process you have to wait to file I751 until your divorce is complete... you will have to ask USCIS for an extension (not sure how it works better look for legal help) or… is your husband is going to sign everything and file a joint I751? For the looks of it he won’t..... So be careful you CAN NOT FILE I751 with a waver if your divorce is not complete!!!

Once you divorce and file I751 you will have to proove that you entered the marriage in good faith, with suporting documents and evidence. I do not think he can take your Green card away since is yours and he already sign the paper work for AOS... the only entity that can I believe is USCIS, but once again I will consult with a profesional about this.

[payxibka 10,044]

Hello, Everyone

Unfortunately its been not even a week that my Husband has filed for a divorce and the paper work is on its way. The reason for Divorce is based on in supportability issues and differences in personalities.. He is assuming i have cheated on him (WHICH I HAVE NOT) and because of all this is has threaten to withdraw or revoke his sponsorship of me as his wife and is also threatening to take away my green card, Military ID, Social Security and everything else that is of legal standings to me..

I would like some advice on what steps i ought to take on this matter. I do know i need legal advice as he is not making much sense and has becoe quite vindictive toward the whole situation.

I'd also like to know if he can ultimately take away my green card before my status expires on 10/12/09 ? Iam in the process of filing my I-751 form and Will have that mailed out by the beginning of Next week Monday.

This is all happening very fast but, am i still in the safe zone as I am still within my 90 Day window for filing my I-751?

Someone please help !!

Your husband cannot take away your greencard, social security or revoke his sponsorship of you simply by getting a divorce. If any of the aforementioned items has a prayer of being successful, he must prove that you did not enter the marriage "in good faith". If "in good faith" is not an issue, then he has virtually no chance of success, and he is simply "blowing smoke" to get you scared.

Edited July 8, 2008 by fwaguy

[cherr1980 1]

Welcome aboard!!! You are not alone and you should be fine.

1. Your husband can't take away from you anything, unless he hit you so you can let it go physically those things, but status he can't.

2. He can wish a lot but wish is free and unexpensive, can become a serious emotional problem if he thinks could become true.

He can't withdraw any participation with the USCIS and you, what he is going to withdraw? his I-130...was approved already!...what else? nothing else he can't withdraw. He will be attach to you by the Affidavit of Support, that yeah is not major issue but he is the one who signed it and nobody can be withdraw of it, even divorce! and that's explained pretty well in the form.

To file your I-751 by yourself, you must wait to be divorce, get your divorce decree and then file a I-751 with all your evidence on it, I hope you make a copy of the package you are doing (or you sent)...whatever is first. Do you mean OCT 09 or OCT 08? I assume that you meant 2008 then...if it's so, then to still be safe on the 90 day window...I know somebody else in another forum to gain time send the package even without the divorce decree so at least they won't say you don't send it on time...how long you think the divorce will take?

He can't take away any SSN card...OMG he is smoking something else...I almost laugh at loud with that...wow he really had a great imagination that's for sure but he is ignorant in so many things. the SSN is yours and nobody can take it away from you , period...don't even waste your time and energy with him claryfing that...really, he won't get it.

Military ID, is the US Goverment property, check again what your card says at the top and the bottom...United States Uniform Services and at the bottom says in the back US goverment property, does says his name? NO, move on. At least mine says that, it's from the Army. Oh btw, don't worry if he says that "JAG will take it away"...well I wish him luck with that...you can say...that you are going to talk with his commander...they don't like that believe me. What rank is he? Be there, done that. I still have mine until my ex decide to ask for it, I won't give it to him because I am not going to drive where he is at. I am not using it anyway and I won't since we already are divorce, but while separation heck I did a lot of shopping in the comissary. And you have all the right over that ID until the day that divorce is final, before that, you have all the right to go to the comissary, to the PX and get cheap gas! and if he is active duty you have the right for Tricare as well.

The only persona that can actually revoke your LPR status is an immigration judge (IJ). Even if you received a note from USCIS telling you so, get a good lawyer and you can get some light at the end of the tunnel.

Good luck!

[jazzygirl 0]

I am so appreciative of the response from everyone This site has given me some sense of relief.... Now as to answer your question My conditional Green Card Expires on 10/12/2009. I am hoping USCIS can grant me an extension.. Currently i have not received my divorce papers yet but my husband told me If i do not SIGN it it will only Speed up the process not STOP IT. Either way from what little of the law i know, shouldn't it be agreed upon that both parties agrees on the final divorce?

Geez ..... so stressful. !

I am a bit worried tho cause i know iam right about 3 months away from my conditional resdiency being expired and I am not sure weather i should go ahead and file the I-751 Now and send a copy of my divorce papers (when i receive it) OR hang on and speak with a lawyer first and then take further action? I am so anxious and i wanna make sure i don't jeopardize anything but heck its grueling..

Ok one final thing is , Yesterday i called USCIS and is spoke with one of their representatives. They told me as iam currently in the divorce process go ahead and file the I-751. Now USCIS has been known to give misleading advice in the past. Anyway just a heads up on what they told me dont know if that changes perspective on this situation ... any !?....

Welcome aboard!!! You are not alone and you should be fine.

1. Your husband can't take away from you anything, unless he hit you so you can let it go physically those things, but status he can't.

2. He can wish a lot but wish is free and unexpensive, can become a serious emotional problem if he thinks could become true.

He can't withdraw any participation with the USCIS and you, what he is going to withdraw? his I-130...was approved already!...what else? nothing else he can't withdraw. He will be attach to you by the Affidavit of Support, that yeah is not major issue but he is the one who signed it and nobody can be withdraw of it, even divorce! and that's explained pretty well in the form.

To file your I-751 by yourself, you must wait to be divorce, get your divorce decree and then file a I-751 with all your evidence on it, I hope you make a copy of the package you are doing (or you sent)...whatever is first. Do you mean OCT 09 or OCT 08? I assume that you meant 2008 then...if it's so, then to still be safe on the 90 day window...I know somebody else in another forum to gain time send the package even without the divorce decree so at least they won't say you don't send it on time...how long you think the divorce will take?

He can't take away any SSN card...OMG he is smoking something else...I almost laugh at loud with that...wow he really had a great imagination that's for sure but he is ignorant in so many things. the SSN is yours and nobody can take it away from you , period...don't even waste your time and energy with him claryfing that...really, he won't get it.

Military ID, is the US Goverment property, check again what your card says at the top and the bottom...United States Uniform Services and at the bottom says in the back US goverment property, does says his name? NO, move on. At least mine says that, it's from the Army. Oh btw, don't worry if he says that "JAG will take it away"...well I wish him luck with that...you can say...that you are going to talk with his commander...they don't like that believe me. What rank is he? Be there, done that. I still have mine until my ex decide to ask for it, I won't give it to him because I am not going to drive where he is at. I am not using it anyway and I won't since we already are divorce, but while separation heck I did a lot of shopping in the comissary. And you have all the right over that ID until the day that divorce is final, before that, you have all the right to go to the comissary, to the PX and get cheap gas! and if he is active duty you have the right for Tricare as well.

The only persona that can actually revoke your LPR status is an immigration judge (IJ). Even if you received a note from USCIS telling you so, get a good lawyer and you can get some light at the end of the tunnel.

Good luck!

[AussieDude 0]

My conditional Green Card Expires on 10/12/2009.

That's more than a year away, do you mean 2008?

[jazzygirl 0]

Small whoops....

My card expiration is A YEAR away..

So now what do i do?

My conditional Green Card Expires on 10/12/2009.

That's more than a year away, do you mean 2008?

Edited July 8, 2008 by jazzygirl

[payxibka 10,044]

From an immigration benefits perspective there is not a lot you can do until you are in the renewal "window" or the divorce is final.

[cherr1980 1]

That's what I thought since you keep saying 2009...buff you have a lot ahead of you to get that divorce decree...

Look furious guys are a serious stuff and they will say a lot. Mine was saying that he was getting everything the house and that he "...advice to his lawyer not be mean with me"...well, first of all if his lawyer was going to be "mean" or "harmful" to me, he better know better the law and I will go to the police, second I knew that he had no lawyer...he was blowing smoke because he was mad. Second, in GA, a marital home regardless who bought or who owns it, is marital and is from both. Actually the funny part in my case is that I did owe and am in the mortgage of the house. That I decided to release myself of it, it's something different. My freedom so he can signed the papers for the divorce and be quick on it, was way better than to keep that debt or a material stuff.

Remember, just because he says so does not mean is true or will happen. GET information.

If you want to be sure about your rights and what you can do (regardless of what he says out there) get the information and contact the professionals that can clarify you. You will see then what's true and what's not.

About he is saying to sign or not the papers...nothing will expedite anything. Google "divorce in -your state", you will find a lot of explanations. Go to your state bar association website, they explain a lot in there. Divorce takes its time in all states. Which state are you? Normally, and I can't verify that since I only know in my state, civil cases differs from state to state, but normally if both parties agree in the divorce, it's a simple matter of file in court and then get a final court hearing date. But from the time of filing to the court of date could be as min 30-45 days, others are more. If both parties do not agree...then it came that you both must go to court and discuss what's the matter. Many courts don't like that and send you to mediation, that can take another time since both have to agree on schedules and all that.

Now, if you don't want to sign the divorce then that's more about what you want to do. IF you don't want to divorce him, then you should not sign it. If you want to divorce then he must give you a copy of the papers to sign and you should check it out with a lawyer to verify that your rights are propected. Based in what he is filing for divorce?

Normally you filed under a "ground" for divorce..example, irreconciliable differences, one was not legally divorce, one can demostrate that one cheated in the other, etc. It is important to know in which grounds he is filing for divorce. He must give you a copy of it and you NEVER in your life should sign any paper against warning and actions like he is taking. Be very careful.

In the immigration side, you have time. Remember information is a key in life, for everytime, learn and read a lot. Get info, that is something that you must do for yourself.

Good luck,

[diadromous mermaid 36]

Just want to add that unless you reside in a specific state that acknowledges "grounds" for divorce, a respondent can't really prevent a divorce. If yous r state recognises "no fault" grounds, refusing to sign the petition does nothing for you except accelerating the process of terminating the marriage. That situation is considered "default" and the divorce will continue with your signature or not. There are 2 issues that are contemplated when a marriage is in a terminal state. The first is dissolving the union (once again if you are in a :no fault" divorce state, whether you want to divorce or not, it will happen if the petition is filed. The second matter is the distribution of assets and liabilities of the marital estate. By participating in the divorce (i.e. answering the initial complaint within the required time, you ge the opportunity to participate in the process to decide who gets what out of the marital estate, within reason and within the realm of what the state recognises as equitable. Don't avoid the process. Retain a lawyer to protect your assets, if you don't, you may end up with very little as a result.

[russian_armenian 4]

I think CIS was right-somebody wrote that new I-751 form now (as of a few months) has an option to send it without final divorce decree (while separated). But I have not checked it.

About divorce, sounds like your husband wants you to sign "non contested" doc. So, he can file whole divorce package with court. For him it is a cheapest way (only few hundred $). For you it is not bad also. But I would prepare additional doc to be filed with court (your agreement with husband about money issues, etc.). Plus, you need many docs for I-751 to prove that marriage was bona fide. If you husband has some of the docs, you might negotiate at this stage (your signature, he just lets you go, etc).

If he is reasonable, he might agree. Because if you dont sign "non contested", he would have to go through official separation route (which could be 1 or 2 years depends on state; plus, you might decide to live in a house and he would need to find place for himself). So, he will spend more time and money. Plus, in some counties there is temp orders which means that while separated he has to pay all your expenses and give some alimony till divorce is final.

So, I would say negotiate. For you to get a divorce fast is better too-you dont have to wait till Oct09 to file I-751. You can do it as soon as you get decree. He cannot take your GC, military ID etc. Once you became conditional PR, he cannot revoke his affidevit of support too. Tell him-(he might not know that it is difficult to inforce and it is only regarding powerty levels)-that you would sue him for support if he is not reasonable regarding your removal of conditions and keeps treating you. Tell him that his obligations will stop only when you became a US citizen.

I am so appreciative of the response from everyone This site has given me some sense of relief.... Now as to answer your question My conditional Green Card Expires on 10/12/2009. I am hoping USCIS can grant me an extension.. Currently i have not received my divorce papers yet but my husband told me If i do not SIGN it it will only Speed up the process not STOP IT. Either way from what little of the law i know, shouldn't it be agreed upon that both parties agrees on the final divorce?

Geez ..... so stressful. !

I am a bit worried tho cause i know iam right about 3 months away from my conditional resdiency being expired and I am not sure weather i should go ahead and file the I-751 Now and send a copy of my divorce papers (when i receive it) OR hang on and speak with a lawyer first and then take further action? I am so anxious and i wanna make sure i don't jeopardize anything but heck its grueling..

Ok one final thing is , Yesterday i called USCIS and is spoke with one of their representatives. They told me as iam currently in the divorce process go ahead and file the I-751. Now USCIS has been known to give misleading advice in the past. Anyway just a heads up on what they told me dont know if that changes perspective on this situation ... any !?....

Welcome aboard!!! You are not alone and you should be fine.

1. Your husband can't take away from you anything, unless he hit you so you can let it go physically those things, but status he can't.

2. He can wish a lot but wish is free and unexpensive, can become a serious emotional problem if he thinks could become true.

He can't withdraw any participation with the USCIS and you, what he is going to withdraw? his I-130...was approved already!...what else? nothing else he can't withdraw. He will be attach to you by the Affidavit of Support, that yeah is not major issue but he is the one who signed it and nobody can be withdraw of it, even divorce! and that's explained pretty well in the form.

To file your I-751 by yourself, you must wait to be divorce, get your divorce decree and then file a I-751 with all your evidence on it, I hope you make a copy of the package you are doing (or you sent)...whatever is first. Do you mean OCT 09 or OCT 08? I assume that you meant 2008 then...if it's so, then to still be safe on the 90 day window...I know somebody else in another forum to gain time send the package even without the divorce decree so at least they won't say you don't send it on time...how long you think the divorce will take?

He can't take away any SSN card...OMG he is smoking something else...I almost laugh at loud with that...wow he really had a great imagination that's for sure but he is ignorant in so many things. the SSN is yours and nobody can take it away from you , period...don't even waste your time and energy with him claryfing that...really, he won't get it.

Military ID, is the US Goverment property, check again what your card says at the top and the bottom...United States Uniform Services and at the bottom says in the back US goverment property, does says his name? NO, move on. At least mine says that, it's from the Army. Oh btw, don't worry if he says that "JAG will take it away"...well I wish him luck with that...you can say...that you are going to talk with his commander...they don't like that believe me. What rank is he? Be there, done that. I still have mine until my ex decide to ask for it, I won't give it to him because I am not going to drive where he is at. I am not using it anyway and I won't since we already are divorce, but while separation heck I did a lot of shopping in the comissary. And you have all the right over that ID until the day that divorce is final, before that, you have all the right to go to the comissary, to the PX and get cheap gas! and if he is active duty you have the right for Tricare as well.

The only persona that can actually revoke your LPR status is an immigration judge (IJ). Even if you received a note from USCIS telling you so, get a good lawyer and you can get some light at the end of the tunnel.

Good luck!

[diadromous mermaid 36]

Because if you dont sign "non contested", he would have to go through official separation route (which could be 1 or 2 years depends on state; plus, you might decide to live in a house and he would need to find place for himself).

This is not a general rule, it appears to be a state-specific requirement.