Going to divorce before removing condition, who should be the plaintiff?

[ShariNYC 0]

Hi,

My marriage ended because it just didn't work out between us. We just signed a seperation agreement today and going to file for the divorce soon after, under the ground of abandonment (Our mediator explained that this ground is very common when people just want to get divorce, basically it's not literally abandonment but more like the person refused to sleep with the other...for example). My background is, I entered the country with K-1, we did everything right and we did enter the marriage in good faith. I have a Conditional GC which will be expired in March2010. I know that I have to remove the conditions by the end of this year. My questions are:

1. I am not sure which would benefit me more when I file for the waiver by myself, between me being the plaintiff or him (I mean for the divorce). (This is kind of urgent, please anyone have any idea?)

2. To make matters more complicated, I am going to a grad school this coming fall. I am applying for financial aids and loans which seems to be no problem because I am a qualified permanent residence. I am unemployed right now(got laid-off like everyone else) and don't think I will have a job when I am in school either (It's a tough year). Is that going to make matter worse when I file for the waiver? By having a big student loans, and not having a job, chance that I might not get a green card because of that?? I know a friend who divorced before removing conditions but she has a good job and makes decent amount the whole time, she now received her 10yrs GC w/o even having an interview! My grad school will be 2 years, and I really do need to have GC to get the loans and all that, and I really want to graduate to not mess up my life further.

Please advise on both questions, or if anyone know a free immigration consultation in New York area, please suggest. I will be really appreciated any help. Thank you so much.

-Naomi

[Old Dominion 26]

Try the Catholic Archdiocese of New York offices -- Catholic Charities. They are a good legal resource for any immigrant no matter whether they are Christian or not.

[ShariNYC 0]

Try the Catholic Archdiocese of New York offices -- Catholic Charities. They are a good legal resource for any immigrant no matter whether they are Christian or not.

Thank you so much, yes, I heard about that but don't know exact name. I searched and found the contact number, going there tomorrow. Your reply is very helpful, thank you!

[diadromous mermaid 36]

1. I am not sure which would benefit me more when I file for the waiver by myself, between me being the plaintiff or him (I mean for the divorce). (This is kind of urgent, please anyone have any idea?) It doesn't matter, really. Although some would argue that if the USC is the plaintiff, the alien had less influence in the marriage sustaining. Note, this is only an opinion shared by some practitioners.

2. To make matters more complicated, I am going to a grad school this coming fall. I am applying for financial aids and loans which seems to be no problem because I am a qualified permanent residence. I am unemployed right now(got laid-off like everyone else) and don't think I will have a job when I am in school either (It's a tough year). Is that going to make matter worse when I file for the waiver? By having a big student loans, and not having a job, chance that I might not get a green card because of that?? I know a friend who divorced before removing conditions but she has a good job and makes decent amount the whole time, she now received her 10yrs GC w/o even having an interview! My grad school will be 2 years, and I really do need to have GC to get the loans and all that, and I really want to graduate to not mess up my life further. Shouldn't matter, Divorce does not obviate your current USC's obligation under the Affidavit of Support, so your ability to earn income doesn't come into play.

[Bobby+Umit 161]

Hi,

My marriage ended because it just didn't work out between us. We just signed a seperation agreement today and going to file for the divorce soon after, under the ground of abandonment (Our mediator explained that this ground is very common when people just want to get divorce, basically it's not literally abandonment but more like the person refused to sleep with the other...for example). My background is, I entered the country with K-1, we did everything right and we did enter the marriage in good faith. I have a Conditional GC which will be expired in March2010. I know that I have to remove the conditions by the end of this year. My questions are:

1. I am not sure which would benefit me more when I file for the waiver by myself, between me being the plaintiff or him (I mean for the divorce). (This is kind of urgent, please anyone have any idea?)

Really has no bearing on the case. If you entered the marriage on good faith, the law allows you to apply for your own AOS.

2. To make matters more complicated, I am going to a grad school this coming fall. I am applying for financial aids and loans which seems to be no problem because I am a qualified permanent residence. I am unemployed right now(got laid-off like everyone else) and don't think I will have a job when I am in school either (It's a tough year). Is that going to make matter worse when I file for the waiver? By having a big student loans, and not having a job, chance that I might not get a green card because of that?? I know a friend who divorced before removing conditions but she has a good job and makes decent amount the whole time, she now received her 10yrs GC w/o even having an interview! My grad school will be 2 years, and I really do need to have GC to get the loans and all that, and I really want to graduate to not mess up my life further.

Without some way to support yourself, that could be an issue. Your husband is still on the hook with the I-864, since divorce does not end the responsibility, so perhaps you can work out something with him, (alimony), not sure. The lawyer would help.

Please advise on both questions, or if anyone know a free immigration consultation in New York area, please suggest. I will be really appreciated any help. Thank you so much.

-Naomi

[ShariNYC 0]

1.

Really has no bearing on the case. If you entered the marriage on good faith, the law allows you to apply for your own AOS.

Thank you for your reply, yes that I know I can apply for removing condition by myself(waiver), but in NY state, the only way to divorce someone is to sue the other (eventhough we dont' go to court , just sign the paper work). So my mediator is waiting for an answer from me, which ever way I prefer(after consulting someone, that's why I'm posting here before I go to immigration lawyer incase anybody have any idea). Between me being the plaintiff, or my husband, under the ground of abandonment (Not literally but more like when a spouse refused to have sex with the other for the certain amount of time, that could be the case to divorce, eventhough it wasn't true and it can't be proofed either). So please help if anyone ever done this esp. in New York.

2.

Without some way to support yourself, that could be an issue. Your husband is still on the hook with the I-864, since divorce does not end the responsibility, so perhaps you can work out something with him, (alimony), not sure. The lawyer would help.

How about if i am a student and receiving loans from the government? Just like any other students do here. It's going to be a full-time program, so basically even it's not a bad economy, I wouldnt' be able to work much. Is that gauranteed student loans each school year would be enough proof that I can support myself while I am a student? Any ideas?

Thank you so much.

[Bobby+Umit 161]

Like mermaid said, you are covered by his I-864 all ready, so number 2 shouldn't be a big issue.

Really can't give you an answer about number 1, then what I did above.

Just ask the question to yourself, "why are you getting divorced, is it you or him and what is the reason..."

Use that to answer your question....

good luck!

[rika60607 215]

1. You can not apply for your own AoS if you are divorced. Question asked here is not related to AoS anyway, but to removal of conditions.

2. Legally, your income should not be considered in making decision on whether you get approved for removal of conditions. But USCIS officers are only people and if you proved to be self sufficient that could tip the balance.

Having sad that, getting education shows you are on the way to independence and would not likely be a public charge.

1.

Really has no bearing on the case. If you entered the marriage on good faith, the law allows you to apply for your own AOS.

2.

Without some way to support yourself, that could be an issue. Your husband is still on the hook with the I-864, since divorce does not end the responsibility, so perhaps you can work out something with him, (alimony), not sure. The lawyer would help.

How about if i am a student and receiving loans from the government? Just like any other students do here. It's going to be a full-time program, so basically even it's not a bad economy, I wouldnt' be able to work much. Is that gauranteed student loans each school year would be enough proof that I can support myself while I am a student? Any ideas?

Thank you so much.

[ShariNYC 0]

One thing, my ex-husband refuses to help in any part concerning my removal of the conditions at all after we divorce, and I know he means it!! (That answer the question why we divorce : / , you know, just can't get along anymore....people fell in love and out of it....sad..). Before I sign the divorce, anything that I should ask from him?

[Bobby+Umit 161]

Read the instructions for the I-751.

It tells you what you need to prove your relationship.

1. You can not apply for your own AoS if you are divorced. Question asked here is not related to AoS anyway, but to removal of conditions.

Your correct, I should of said removal of conditions instead of AOS.

[mimimimimi 0]

You can also try the Legal Aid Society, they have free legal immigration consultation in NY.

As far as I know, you don't need a ground for divorce in NY, if you sign a legal separation, and stay separated for one year. Then you can file for divorce, with no grounds. Someone correct me if I am wrong.

[JeroenAndMichelle 28]

Before I sign the divorce, anything that I should ask from him?

Before you sign anything, I would go see a laywer if I were you.. I'm pretty sure they would be able to give you better legal advice then us here. Good luck with everything!

[MihaelaNYS 10]

"As far as I know, you don't need a ground for divorce in NY, if you sign a legal separation, and stay separated for one year. Then you can file for divorce, with no grounds. Someone correct me if I am wrong. "

I just went throw a divorce (contested) in NYS so, I can tell you from my experience:

- family lawyers will try to get all the money you have and then some!!... all of them, make no mistake! Don't ever trust them.

- legal separation is the a long, unnecesary and unpredictable road, at the end of the year, if any of the spouses contests the agreement it's going to go on and on... at some expense! ... not recommended!

The easyest and quickest way is for any of you (le't say him) to file the divorce and you will not contest it.

Or the other way around.

But be aware: the USCIS might want to see the complaint (allegations) and they will definetly see the divorce decree - where is mentioned the ground for wich your marriage was terminated.

So, make sure you have a good story. Most couples agree to file under constructive abandonment (wich means that even thow you lived under the same roof, you didn't have marital relations for the last year - so, make sure that the ending of your marital sex life happened right when you got your GC.... because that would look suspicious - of fraud).

Timing is important. Other then that, you could file for adultery on his part and if he doesn't contest it, you will get your divorce decree in a few months (3 or so - depending on the court's calendar for uncontested divorces).

[MihaelaNYS 10]

"Before I sign the divorce, anything that I should ask from him? "

- Yes! Ask him to write an affidavit/letter where he states that you had a true marriage relationship but it just didn't worked out.

For whatever reason, all the immigration lawyers that I talked to advised me to get this letter....

I personally didn't even tried because I filed on cruel and inhuman treatment and the abuser type won't cooperate anyway... I can't get "his belssing" but yours seems to be more of a reasonable person...

[ShariNYC 0]

"Before I sign the divorce, anything that I should ask from him? "

- Yes! Ask him to write an affidavit/letter where he states that you had a true marriage relationship but it just didn't worked out.

For whatever reason, all the immigration lawyers that I talked to advised me to get this letter....

I personally didn't even tried because I filed on cruel and inhuman treatment and the abuser type won't cooperate anyway... I can't get "his belssing" but yours seems to be more of a reasonable person...

You know, now your answer really help me think about something. Eventhough we entered marriage in good faith, but now we're divorcing and one of his request is, he will not testify for me in any ways in the future regarding my immigration. Now if I can get him to sign that affidavit before we sign the divorce, that should be enough? or I am wondering how did you file on cruel, what type of proof did you use? and Did you successfully remove your conditions now? Please help, I really need to know this very soon....