I-751 and divorce in NY

[MihaelaNYS 10]

Hi everybody,

I am in a critical situation and I have to take a very important decision soon.

I need all the help I can get from people that went throw something like this (applied successfully for removal of condition on their GC while divorced from an spiteful spouse) or know the law on immigration issues.

I have a conditional GC based on marriage. My husband filled for an annulment on the marriage (I can loose my right to reside in US)

and I filled for divorce claiming abuse on his part. Now, my lawyer said that my husband would give me the divorce only if I find another sponsor and I won't ask anything from him (support, property, pension, health insurance, counselor fees.... anything).

In order for me to get a divorce decree, a settelment agreement has to be signed by both parties.

I have to decide if I sign the settelment or go for the trial. (I have only 5 months left before my GC expire.

On the divorce decree, does it say on what ground the marriage was terminated?

What chances would I stand (immigration wise) if I sign an agreement/settelment ?!

I know he will do anything to prevent me for lifting the temporary condition on my GC.

Thank you

[Otto 83]

That's certainly a can-of-worms you've opened there - chances of success are still good.

If you haven't already seen it - This LINK should offer at least some more information for you.

[diadromous mermaid 36]

Have you, or will you have lived apart for 12 months prior to the date your GC expires?

Hi everybody,

I am in a critical situation and I have to take a very important decision soon.

I need all the help I can get from people that went throw something like this (applied successfully for removal of condition on their GC while divorced from an spiteful spouse) or know the law on immigration issues.

I have a conditional GC based on marriage. My husband filled for an annulment on the marriage (I can loose my right to reside in US)

and I filled for divorce claiming abuse on his part. Now, my lawyer said that my husband would give me the divorce only if I find another sponsor and I won't ask anything from him (support, property, pension, health insurance, counselor fees.... anything).

In order for me to get a divorce decree, a settelment agreement has to be signed by both parties.

I have to decide if I sign the settelment or go for the trial. (I have only 5 months left before my GC expire.

On the divorce decree, does it say on what ground the marriage was terminated?

What chances would I stand (immigration wise) if I sign an agreement/settelment ?!

I know he will do anything to prevent me for lifting the temporary condition on my GC.

Thank you

[MihaelaNYS 10]

Have you, or will you have lived apart for 12 months prior to the date your GC expires?

.................

We still live in the same house (since I cannot afford rent and lawyers.)... but I understand that if we sign an agreement that stipulates that we didnt cohabit (meaning marital relationship) from February 2007, then in 2008 same month, divorce decree can be signed by judge. Should I settle (and get the divorce decree under the ground of constructive abandonment) or go for the trial (which can be a very long and extremely expensive battle) under the ground of abuse ?

[JayJay 4]

Ah - this is similar to me.

In the end, my ex spouse and his mother made an agreement I signed, basically because they wanted the house I had bought and paid on for the entire marriage and thought that taking it from me would cause me distress and discomfort. It did not - in fact, I readily signed the agreement, got my car and gave the guy the house. Now, a year later, the house is in foreclosure because, of course, he did not pay the mortgage (guffaw...).

My marriage was horribly abusive - emotionally ALL the time, physically some of the time. I was so afraid of him... When he said he was going to "get me deported" I thought for a few days that he could. Turns out, he can't and was simply using his nastiness to beat me over the head.

Your husband signed a 10 year (or 40 quarter) affidavit of support. My ex decided to go dispute that with USCIS and was basically told "umm...tough..". Your ex WILL be told the same thing. He signed - he cannot get out of it. We are NOT second class citizens (as it were) because we're immigrants. We don't have fewer human rights than our spouses - amazingly enough - though my ex certainly believed that, that's for sure. We do not have to lay down and take abuse. I didn't and in the end, realized that really, he was a lost, insecure little man with nothing on me whatsoever. I on the other hand, filed for my lifting of conditions by myself, enclosing lots of evidence as to why I left the man.

You can get a continuance - as it were - on your case. If you're not yet divorced by the time you need to remove conditions, it is possible to claim a one year extension to allow sufficient time for the divorce to be finalized. So all is not lost. You have options. When you are divorced, go ahead and file the papers by yourself, and make sure you have evidence to support your abuse. They can be recordings (which I had); papers from teh police (which I had); a temporary restraining order (which I had); writings describing what had happened to me (which I had); other evidences like affidavits and sworn statements from people describing what I had to go through (which I can easily get, should they request it).

I went fo biometrics in April and am currently waiting on the decision of USCIS, so we'll see what happens. I do know though, that I am glad I left my ex, and I really don't think I'd be here had I not. I am also sure that truth will prevail and that I had every right to get out of a dangerous situation I didn't deserve to be in.

So there are some of us on here. Don't know how many... I will always update when I get something from USCIS. Hopefully, maybe that will be soon. I hope it will be.

(F) *hugs*

[diadromous mermaid 36]

Have you, or will you have lived apart for 12 months prior to the date your GC expires?

.................

We still live in the same house (since I cannot afford rent and lawyers.)... but I understand that if we sign an agreement that stipulates that we didnt cohabit (meaning marital relationship) from February 2007, then in 2008 same month, divorce decree can be signed by judge. Should I settle (and get the divorce decree under the ground of constructive abandonment) or go for the trial (which can be a very long and extremely expensive battle) under the ground of abuse ?

Have you discussed this in detail with your lawyer? Your lawyer should go through every point with you, and detail all of the "waht ifs" that would be outlined in this purported settlement agreement, before you consider signing anything.

I am quite sure that if you both prepare and endorse a settlement agreement, then the marriage will be terminated through divorce. The annulment allegation would no longer exist, and in the eyes of USCIS your marriage would have ended througha simple divorce. Divorce does not terminate his obligation with USCIS as far as the Affidavit of Support goes, and therefore the Affidavit that your husband signed would still be extant and enforceable./ Of course, if your husband's attorney is angling to have you sign something to state that he will no longer be responsible for his obligation to USCIS, I don't think that will work. "You" can't satisfy his obligation to the USCIS simply by signing that you will provide another sponsor, in fact, unless your petitioner is deceased, you can't substitute the sponsor.

I suspect some underlying machinations on the part of your husband and his attorney, to get you to relinquish some rights under the auspices that it will be relinquishing your husband's obligation to USCIS.

[MihaelaNYS 10]

"Have you discussed this in detail with your lawyer? "

No yet, but that will be the next step, once my husband will agree to not contest the divorce anymore. ... .

"if your husband's attorney is angling to have you sign something to state that he will no longer be responsible for his obligation to USCIS, I don't think that will work. "

yes, that's the condition under which he might consider giving me the divorce ...

"I suspect some underlying machinations on the part of your husband and his attorney, to get you to relinquish some rights under the auspices that it will be relinquishing your husband's obligation to USCIS."

I have to admit, I dont quite understand what you mean (my English is not that good, sorry).

What happends is more like a blackmail: he wants out of the marriage and out of the sponsorship in exchange with him giving me the divorce.

If we manage to get this over with and I get a divorce decree under constructive abandonment ground, would I be able to claim abuse to USCIS ? ... That all this happened because he abused me ?! (and bring supporting evidence with it) .

Thank you all for your answers.

[diadromous mermaid 36]

Quite simply put, the point is that YOU can't relieve your husband of obligations that he made and that are irrevocable with the USCIS. Even though he is asking you to do that, I don't believe you have the power to do so. You *might* have the power to bring him to suit for support, and use the extant Affidavit of Support, wherein he obliges to support you to the tune of 125% of the poverty guidelineNow, what he *might* be trying to do is to get you to sign something that states that you will never try to draw government benefits for which he would ultimately be responsible, and for which the government could opt to require him to reimburse. Also, what are the chances that you would be entitled to spousal support or alimony? You have only been married a short time, what does your attorney think you are being asked to relinquish in terms of what is rightfully yours? This is something you really need to discuss with YOUR attorney, to devise a game plan.

You need to make your attorney aware of the fact that with conditions removed from your green card, YOU will have the ability to work and support yourself, and less likely to have to turn to government aid to exist. Of course, that your attorney should already know.

"Have you discussed this in detail with your lawyer? "

No yet, but that will be the next step, once my husband will agree to not contest the divorce anymore. ... .

"if your husband's attorney is angling to have you sign something to state that he will no longer be responsible for his obligation to USCIS, I don't think that will work. "

yes, that's the condition under which he might consider giving me the divorce ...

"I suspect some underlying machinations on the part of your husband and his attorney, to get you to relinquish some rights under the auspices that it will be relinquishing your husband's obligation to USCIS."

I have to admit, I dont quite understand what you mean (my English is not that good, sorry).

What happends is more like a blackmail: he wants out of the marriage and out of the sponsorship in exchange with him giving me the divorce.

If we manage to get this over with and I get a divorce decree under constructive abandonment ground, would I be able to claim abuse to USCIS ? ... That all this happened because he abused me ?! (and bring supporting evidence with it) .

Thank you all for your answers.

[vof 0]

Ah - this is similar to me.

In the end, my ex spouse and his mother made an agreement I signed, basically because they wanted the house I had bought and paid on for the entire marriage and thought that taking it from me would cause me distress and discomfort. It did not - in fact, I readily signed the agreement, got my car and gave the guy the house. Now, a year later, the house is in foreclosure because, of course, he did not pay the mortgage (guffaw...).

My marriage was horribly abusive - emotionally ALL the time, physically some of the time. I was so afraid of him... When he said he was going to "get me deported" I thought for a few days that he could. Turns out, he can't and was simply using his nastiness to beat me over the head.

Your husband signed a 10 year (or 40 quarter) affidavit of support. My ex decided to go dispute that with USCIS and was basically told "umm...tough..". Your ex WILL be told the same thing. He signed - he cannot get out of it. We are NOT second class citizens (as it were) because we're immigrants. We don't have fewer human rights than our spouses - amazingly enough - though my ex certainly believed that, that's for sure. We do not have to lay down and take abuse. I didn't and in the end, realized that really, he was a lost, insecure little man with nothing on me whatsoever. I on the other hand, filed for my lifting of conditions by myself, enclosing lots of evidence as to why I left the man.

You can get a continuance - as it were - on your case. If you're not yet divorced by the time you need to remove conditions, it is possible to claim a one year extension to allow sufficient time for the divorce to be finalized. So all is not lost. You have options. When you are divorced, go ahead and file the papers by yourself, and make sure you have evidence to support your abuse. They can be recordings (which I had); papers from teh police (which I had); a temporary restraining order (which I had); writings describing what had happened to me (which I had); other evidences like affidavits and sworn statements from people describing what I had to go through (which I can easily get, should they request it).

I went fo biometrics in April and am currently waiting on the decision of USCIS, so we'll see what happens. I do know though, that I am glad I left my ex, and I really don't think I'd be here had I not. I am also sure that truth will prevail and that I had every right to get out of a dangerous situation I didn't deserve to be in.

So there are some of us on here. Don't know how many... I will always update when I get something from USCIS. Hopefully, maybe that will be soon. I hope it will be.

(F) *hugs*

I have a feelng they will approve you because my ex also a women did the same to me, but I didn't even hurt a fly, she just used me for a GC, any way she filed every complaint in the book falsely and have a feeling she will also win, because I hate to say this but she is a women and according to her Women have more rights and especially in the state of Illinois where she fled. Sometimes I say the immigration system sucks, but who am I. Anyway good luck and may ur 10 year card be approved .

[JayJay 4]

Lol - thanks - I am hoping I'll be approved soon too. I'm sure you didn't mean it this way, but believe me, there are those of us out there who's husbands really did treat absolutely awfully. I certainly wouldn't have gone through this process, had I not had a good reason to do so. I had a decent career in England, and wouldn't have changed countries unless I'd had a decent reason - or so I thought - my ex.

I remember feeling the way the OP feels - totally helpless and as though nobody wil listen to you in a country that isn't your own. It's very hard to describe the feelings associated with being in an abusive situation thousands of miles away from your mother and father and other family...it's so very hard to be by yourself like that.

I hope my case is approved because they know I am telling the truth, not because others have been approved for kying. But again, I'm sure you didn't mean it like that.

Ah - this is similar to me.

In the end, my ex spouse and his mother made an agreement I signed, basically because they wanted the house I had bought and paid on for the entire marriage and thought that taking it from me would cause me distress and discomfort. It did not - in fact, I readily signed the agreement, got my car and gave the guy the house. Now, a year later, the house is in foreclosure because, of course, he did not pay the mortgage (guffaw...).

My marriage was horribly abusive - emotionally ALL the time, physically some of the time. I was so afraid of him... When he said he was going to "get me deported" I thought for a few days that he could. Turns out, he can't and was simply using his nastiness to beat me over the head.

Your husband signed a 10 year (or 40 quarter) affidavit of support. My ex decided to go dispute that with USCIS and was basically told "umm...tough..". Your ex WILL be told the same thing. He signed - he cannot get out of it. We are NOT second class citizens (as it were) because we're immigrants. We don't have fewer human rights than our spouses - amazingly enough - though my ex certainly believed that, that's for sure. We do not have to lay down and take abuse. I didn't and in the end, realized that really, he was a lost, insecure little man with nothing on me whatsoever. I on the other hand, filed for my lifting of conditions by myself, enclosing lots of evidence as to why I left the man.

You can get a continuance - as it were - on your case. If you're not yet divorced by the time you need to remove conditions, it is possible to claim a one year extension to allow sufficient time for the divorce to be finalized. So all is not lost. You have options. When you are divorced, go ahead and file the papers by yourself, and make sure you have evidence to support your abuse. They can be recordings (which I had); papers from teh police (which I had); a temporary restraining order (which I had); writings describing what had happened to me (which I had); other evidences like affidavits and sworn statements from people describing what I had to go through (which I can easily get, should they request it).

I went fo biometrics in April and am currently waiting on the decision of USCIS, so we'll see what happens. I do know though, that I am glad I left my ex, and I really don't think I'd be here had I not. I am also sure that truth will prevail and that I had every right to get out of a dangerous situation I didn't deserve to be in.

So there are some of us on here. Don't know how many... I will always update when I get something from USCIS. Hopefully, maybe that will be soon. I hope it will be.

*hugs*

I have a feelng they will approve you because my ex also a women did the same to me, but I didn't even hurt a fly, she just used me for a GC, any way she filed every complaint in the book falsely and have a feeling she will also win, because I hate to say this but she is a women and according to her Women have more rights and especially in the state of Illinois where she fled. Sometimes I say the immigration system sucks, but who am I. Anyway good luck and may ur 10 year card be approved .

[Old Dominion 26]

Regarding the USCIS, nothing can change his ten-year obligation to support you. However, you could sign an affidavit (to satisfy him) promising not to seek public assistance of any kind during the remaining period of the obligation. That is the best you can do. Your allegation of abuse is a bit shallow, however, as you continue to cohabit--so you are not afraid of additional abuse? The USCIS would have a big question about continuing to live together even though you don't share the same bed.

[JJBBKK 0]

Regarding the USCIS, nothing can change his ten-year obligation to support you. However, you could sign an affidavit (to satisfy him) promising not to seek public assistance of any kind during the remaining period of the obligation. That is the best you can do. Your allegation of abuse is a bit shallow, however, as you continue to cohabit--so you are not afraid of additional abuse? The USCIS would have a big question about continuing to live together even though you don't share the same bed.

Old Dominion has a good point regarding the abuse allegations.

On the subject, Why not go through divorce on mutual agreement (you are not seeking support, him cooperating with the GC process)? I have gone through divorce and didnt have any issues removing my conditions as I had enough documentation as a proof that the marriage was real, and Im sure that if you have enough documentation showing that you have entered the marriage in good faith you will not have any problems removing those conditions (regardless if your husband is threatening not to cooperate in that process as it will not be applicable). I understand this is hard time, but keep in mind that him threatening you has nothing to do with anything as once the divorce is final its all completely up to you to provide a documented evidence that the original intent of marriage was a good faith.

[payxibka 10,044]

Regarding the USCIS, nothing can change his ten-year obligation to support you. However, you could sign an affidavit (to satisfy him) promising not to seek public assistance of any kind during the remaining period of the obligation. That is the best you can do. Your allegation of abuse is a bit shallow, however, as you continue to cohabit--so you are not afraid of additional abuse? The USCIS would have a big question about continuing to live together even though you don't share the same bed.

It is not solely a ten year obligation, as it could be perpetual (if 40 qualified quarters of work are never achieved) or cease immediately if the alien becomes a citizen, departs the country or the USC dies....

It is not an obligation to support you per se (though some courts have interpreted it this way) but a "promise" to re-imburse the US governement if the alien receives any federal "means-tested" benefits.

[vof 0]

Lol - thanks - I am hoping I'll be approved soon too. I'm sure you didn't mean it this way, but believe me, there are those of us out there who's husbands really did treat absolutely awfully. I certainly wouldn't have gone through this process, had I not had a good reason to do so. I had a decent career in England, and wouldn't have changed countries unless I'd had a decent reason - or so I thought - my ex.

I remember feeling the way the OP feels - totally helpless and as though nobody wil listen to you in a country that isn't your own. It's very hard to describe the feelings associated with being in an abusive situation thousands of miles away from your mother and father and other family...it's so very hard to be by yourself like that.

I hope my case is approved because they know I am telling the truth, not because others have been approved for kying. But again, I'm sure you didn't mean it like that.

Ah - this is similar to me.

In the end, my ex spouse and his mother made an agreement I signed, basically because they wanted the house I had bought and paid on for the entire marriage and thought that taking it from me would cause me distress and discomfort. It did not - in fact, I readily signed the agreement, got my car and gave the guy the house. Now, a year later, the house is in foreclosure because, of course, he did not pay the mortgage (guffaw...).

My marriage was horribly abusive - emotionally ALL the time, physically some of the time. I was so afraid of him... When he said he was going to "get me deported" I thought for a few days that he could. Turns out, he can't and was simply using his nastiness to beat me over the head.

Your husband signed a 10 year (or 40 quarter) affidavit of support. My ex decided to go dispute that with USCIS and was basically told "umm...tough..". Your ex WILL be told the same thing. He signed - he cannot get out of it. We are NOT second class citizens (as it were) because we're immigrants. We don't have fewer human rights than our spouses - amazingly enough - though my ex certainly believed that, that's for sure. We do not have to lay down and take abuse. I didn't and in the end, realized that really, he was a lost, insecure little man with nothing on me whatsoever. I on the other hand, filed for my lifting of conditions by myself, enclosing lots of evidence as to why I left the man.

You can get a continuance - as it were - on your case. If you're not yet divorced by the time you need to remove conditions, it is possible to claim a one year extension to allow sufficient time for the divorce to be finalized. So all is not lost. You have options. When you are divorced, go ahead and file the papers by yourself, and make sure you have evidence to support your abuse. They can be recordings (which I had); papers from teh police (which I had); a temporary restraining order (which I had); writings describing what had happened to me (which I had); other evidences like affidavits and sworn statements from people describing what I had to go through (which I can easily get, should they request it).

I went fo biometrics in April and am currently waiting on the decision of USCIS, so we'll see what happens. I do know though, that I am glad I left my ex, and I really don't think I'd be here had I not. I am also sure that truth will prevail and that I had every right to get out of a dangerous situation I didn't deserve to be in.

So there are some of us on here. Don't know how many... I will always update when I get something from USCIS. Hopefully, maybe that will be soon. I hope it will be.

*hugs*

I have a feelng they will approve you because my ex also a women did the same to me, but I didn't even hurt a fly, she just used me for a GC, any way she filed every complaint in the book falsely and have a feeling she will also win, because I hate to say this but she is a women and according to her Women have more rights and especially in the state of Illinois where she fled. Sometimes I say the immigration system sucks, but who am I. Anyway good luck and may ur 10 year card be approved .

No I am so sorry, I mean u have to prove a bona fide marriage, MY ex just used all this as a lie, I was just saying it is really up to the immigration judge to make a decision, even if u dont get it u can always appeal and will most likely get, anyway good luck and no hard feelings

[MihaelaNYS 10]

" Your allegation of abuse is a bit shallow, however, as you continue to cohabit--so you are not afraid of additional abuse? The USCIS would have a big question about continuing to live together even though you don't share the same bed."

You don't know the whole story on that, and it would take a lot of space to write it down here.

Cohabitation means marital relationship (sex, finances, everything...). Here is not the case anymore. I only go "home" - where I have the right to reside - at night and leave in the morning. I have a lock to my door so nobody can come in over night. If he tries anything, i will call the police. he knows that because he has a lawyer and since I filed for divorce (with allegations of what he did not what he does or will do)... Ofcourse I am affraid that him or his family will do something against me but I cannot afford to pay rent and survive anywhere else for now (I got a lot of hours cut back on my job because of this economy situation being as it is....). I am on the verge of loosing my job so..... I will reside where I have the right and possibility to, not where I would prefer to.