What if the petitioner has a malicious plan to get rid of the recipient……

[Nahathai_Ike 0]

I would like to assist one of my Cambodian friends who has some major problems regarding the two years CR1. We have just heard about her story last night. We decided to write on this board, whether we could find any solutions for her, in an addition for her to visit the attorney's office. (If the attorney's visit is useless, please provide your comments as well.)

My friend Poh, is currently visiting her family in Cambodia. Her green card will be expiring in early June, 2009.

A few months ago, she signed the form to remove the conditional status, I-751 while she lived in Missouri – sometimes in February. When she moved to Texas, a few weeks later, she flew back to Cambodia due to her mother’s sudden illness in order to take care of her in the hospital. Her husband indicated that the package had been mailed to the appropriate office.

She received an AR11 from her husband while staying in Cambodia. She signed and sent the form back to Texas. Her husband indicated that he would send the AR11 form to the DHS. She continues asking her husband regarding the NOA.

Before leaving Texas, she planned in having her husband and his daughter visited her in Cambodia in June for vacation and travel back to the States together. Hopefully, she will receive either the approval letter or the request for interview letter. She has a good faith that her husband will take care of all the tasks for her while she is taking care of her family.

Last week, she called the DHS office regarding her case. Since she did not have the receipt number, she could not talk to any live individual. She contacted her husband and asked whether he had received the NOA regarding I-751. He said that he still did not receive it yet.

A few nights ago, she received an email from her husband stating that he would like to terminate the relationship and will not follow-up anything regarding the I-751 with DHS. He also said that if she comes back to the States, likelihood, she will have to go back to Cambodia because the green card will be expired. She will not be eligible to live over here. (She still has several of her possessions and belongings over here.) She was in shock and crying non stop. She reviewed overall situations and felt that her husband might not even send the I-751 petition to the DHS as he previously stated at all. This is because her husband could not even provide any tracking evident regarding the case. He said that he had just dropped the package into the regular mail, without having making any photocopies. Her husband only said that he spent over $500 for the fees, nothing much had been provided in details.

Afterward, she talked to my wife and my wife relayed me the message. We believe that the husband lied to her in the filing of I-751. The email that the husband sent was an evident to support that claim.

We recommended her to come back to the States as soon as possible before the green card expires. I said that by staying over there she would lose her fighting chance. I said that she should be able to contact the lawyer and present all of this information.

The questions that I have:

1. Husband did not file for any divorce and made a surprise termination, would this be considered as a deception and can be prosecuted? He used the situations toward his advantages because he realized that his wife’s green card is expiring. (He did not file the divorce but waited like a cold-blood killer.)

2. What will be the wife’s fighting chance? She believes in good faith that the husband acted honestly by sending all of the I-751 required paperwork to the DHS. That’s why she left for Cambodia and faithfully waited for him to come to visit and go back together, after receiving an NOA.

3. I believe that coming back to the States at this moment, she will have a better fighting chance because her green card is not expiring yet. However, her husband stated that if was useless for her to come over here because she would have to go back in June, after her green card has been expired. Do you think it will be a wasteful trip for her?

4. I do not know her husband’s motive. If there would be a divorce, he should be filing long time ago. I felt that this is a cold-blood execution practice. By lying that the paperwork had been sent and continues to procrastinate to make her believe that everything is still a OK, I believe that was like a criminal activity of deception. She told me that she would not go to Cambodia, if the situation had been turning out like this. Did the husband’s conduct be considered any types of deception and could be prosecuted in the court of law?

5. Even though the husband’s email stated that he did not involve with another woman, we believe that he was performing a “CYA” act, just in case his email will be used in the court of law. I had never heard that the husband would like to divorce his wife by sending out an email, just in time before her conditional green card is expiring. He expects that she would not be able to do anything in a short period of time. Would you provide some comments on this one?

I do appreciate all of your expertise inputs. I will assist her by assembling them together. We encourage her to go back and brave herself in any situations. There will be severe headaches but she will have a great fighting chance with the justice system available to her. We even think about prosecuting the husband of the act of deception as well.

Thank you for sharing your comments and I do apologize if this message is too long. I would like to provide as much details as possible. My wife in Thailand will visit Panom Penth and her next week. Hopefully, we will have some great inputs from the great people from this board. Thank you again.

[ELW 5]

Others with more experience will hopefully provide you more details. I don't know much but one thing, she needs to return to USA as soon as possible. She can try scheduling an Infopass appointment to ascertain whether he filed the Removing Conditions petition (sounds like he did not). Then she needs to file her own I-751, checking a waiver box that she is unable to file jointly (to do that she needs to prove why she can't file jointly). Once the petition is accepted, they will give the one year green card extension letter.

I don't know about him being prosecuted, there doesn't seem to be definite and serious proof for that.

I've heard MANY more stories than not, about lawyers procrastinating and often getting RFEs for lack of evidence. It seems often they are more trouble then help. However since this is a complicated case, it might be helpful to have a knowledgeable, proven lawyer to file the petition (make sure you talk with people who have used him and are happy with the results!). Good luck!

[Krikit 1,163]

I am moving this thread to the Effects of Major Changes forum where you will find a lot of information on this. Best of luck.

[Dakine 26]

Going to be a tough one. Have her get back here ASAP and file her own I-751 before her GC expires. She may have problems getting supportive evidence showing she married with good faith if hubby wants her out of the US. Main thing now is to get the I-751 filed and get the NOA1 one year GC extension letter.

Hopefully she has more friends like you that can help her.

[Old Dominion 26]

This is not a good situation for her, at all, right now. But there is light at the end of the tunnel. Everyone seems to agree that she should return to the US as soon as possible, while she is still able to enter. If her preference is to remain in the U.S., and not return to her family, then she will need to file her I-751 immediately, in April, to meet the requirement that it be filed 90 days before the green card expires. She is still married, and can assert that truthfully. Any interview will be perhaps a year away.

If she has no further reason to stay here, she should go back to her family and let the divorce thing take care of itself -- he could file for abandonment, and it would be settled easily.

If she wants to remain in the US, then she will need to stay with you or some other friend. That would give her the opportunity to meet with a skilled lawyer and get going on the divorce. Each city has a Legal Aid Society or other agency that will take on domestic cases based only on ability to pay. (I take it she has no employment, otherwise would not be overseas now.) Perhaps she could sue for alimony, but the marriage is too young to qualify for much, if any.

As to getting even with her husband, even though he has apparently lied, there is nothing in the law that prohibits lying and probably it would be fruitless to attempt that. He has only his conscience to confront one day.

That's my take on the situation. Keep us up to date.

Edited April 4, 2009 by Old Dominion

[rika60607 215]

Your friend can come back to the US as long as her GC is not expired. She does not have to come back right away.

However, she will not be able to file for removal of conditions until she is divorced.

We assume here that her husband will not sign joint petition.

So, she has to file for divorce or let him file for divorce, but either way, it should be done quickly.

Once the removal conditions is not filed on time, removal proceedings may begin, but your friend will be able to present her evidence of bona fide marriage to the Immigration Judge and ask for continuancy of her status until divorce is complete. Then she will be able to file I751 by herself.

[rickynlucy 0]

1. Husband did not file for any divorce and made a surprise termination, would this be considered as a deception and can be prosecuted? He used the situations toward his advantages because he realized that his wife’s green card is expiring. (He did not file the divorce but waited like a cold-blood killer.)

Nothing she can do about this is immigration. This may be an advantage for her if/when she files for divorce.

2. What will be the wife’s fighting chance? She believes in good faith that the husband acted honestly by sending all of the I-751 required paperwork to the DHS. That’s why she left for Cambodia and faithfully waited for him to come to visit and go back together, after receiving an NOA.

Like the others have said she needs to file the paperwork for removal of conditions ASAP.

3. I believe that coming back to the States at this moment, she will have a better fighting chance because her green card is not expiring yet. However, her husband stated that if was useless for her to come over here because she would have to go back in June, after her green card has been expired. Do you think it will be a wasteful trip for her?

This is not true. She must come back before the green card expires. She will not have to leave in June if she files for removal of conditions. After she files she will be able to use the NOA the same way that she uses her current green card to travel, etc.

4. I do not know her husband’s motive. If there would be a divorce, he should be filing long time ago. I felt that this is a cold-blood execution practice. By lying that the paperwork had been sent and continues to procrastinate to make her believe that everything is still a OK, I believe that was like a criminal activity of deception. She told me that she would not go to Cambodia, if the situation had been turning out like this. Did the husband’s conduct be considered any types of deception and could be prosecuted in the court of law?

No. Maybe useful in divorce court.

5. Even though the husband’s email stated that he did not involve with another woman, we believe that he was performing a “CYA” act, just in case his email will be used in the court of law. I had never heard that the husband would like to divorce his wife by sending out an email, just in time before her conditional green card is expiring. He expects that she would not be able to do anything in a short period of time. Would you provide some comments on this one?

The email might be helpful in explaining why she's not able to file a joint petition.

[Old Dominion 26]

Your friend can come back to the US as long as her GC is not expired. She does not have to come back right away.

However, she will not be able to file for removal of conditions until she is divorced.

We assume here that her husband will not sign joint petition.

So, she has to file for divorce or let him file for divorce, but either way, it should be done quickly.

Once the removal conditions is not filed on time, removal proceedings may begin, but your friend will be able to present her evidence of bona fide marriage to the Immigration Judge and ask for continuancy of her status until divorce is complete. Then she will be able to file I751 by herself.

I believe Rika is misinformed. Better to meet the deadline for filing for removal of conditions, even if the application is incomplete. That begins to create the paper trail that is necessary for the government to determine that she is entitled to her permanent green card, and that through no fault or decision of her own, she is separated and divorcing from her husband.

[Nahathai_Ike 0]

Thank you for all of your comments. We are trying to help her fighting toward this situation.

After talking to my wife, the lady told her additional information:

1. Since she left the United States, the husband continued assuring her that the 10-year green card would be there in the mail. She still believed him because there was no indication that the marriage termination would occur.

2. Poh signed the 1040 paper in order to allow her husband to file the joint tax return this year, before she left. That would be one of the deceptions.

3. He informed her via email that it was useless for her to come back to the United States because he would not allow her entry into their apartment.

4. We felt that the husband would later file the divorce without allowing the wife to be presented for a fighting chance.

5. The husband said that he would mail and send all of the belongings back to Cambodia. He continues to depress her situation by instilling more fears and intimidation toward her, if she comes back to the States.

6. He also sent an email that this is not related to any other women. I think he might try to cover his rear on the issues.

7. Poh told my wife that she was desperate and right now, will definitely come back to the States and file for the divorce. She said that her mistake was -> she had not waited long enough for the NOA to arrive before she left the country. She put all the trusts to her husband.

8. We told her that she should come back to the States for a fighting chance. She is concerned that the divorce might be granted long after she could file for her own I-751. Her time is limited.

Based on your opinion, these are questions:

I. what do you think why the husband continues refusing her to come back to the States? Or it is because he would be in trouble as well because he lied that the I-751 had been sent through the mail and felt guilty? So, he would like to get rid of her.

II. Since she might not be allowed to enter her husband's apartment in San Antonio, Texas, she thought about change her flight plan to stay with some of her friends in other States to save the money. If there is a local USCIS over there, can she make an appointment via Infopass find out whether USCIS received her petition? Or she has to go to San Antonio to find out regarding the status of her petition? (This is to ensure that the husband was lying.) I told her that she might be able to contact the attorney over there to find out of what to do.

Thank you for your time and comments. We hope that we could be able to help this poor soul who got loss in these circumstances. Take care.

[Caladan 19]

Wow. The guy sounds like a world-class jerk.

She should get back to the U.S. while she still has permanent residency and contact a lawyer. I am not sure what has to happen regarding the I-751 if the marriage is breaking up, but I do know that there are provisions for people whose marriage is dissolving just at the time they need to file. The immigrant can't be held hostage by someone who is refusing to file their paperwork.

But this is clear lawyer territory, and everything is easier to deal with if she's physically present in the U.S. If she doesn't file anything, her permanent residency will be terminated, but that does not mean ICE comes to her house and ships her overseas. It means that she has a hearing first. And this guy just gave her plenty of ammo to use in a hearing. She needs a good lawyer to figure out her next steps.

[3600rs 24]

I would like to assist one of my Cambodian friends who has some major problems regarding the two years CR1. We have just heard about her story last night. We decided to write on this board, whether we could find any solutions for her, in an addition for her to visit the attorney's office. (If the attorney's visit is useless, please provide your comments as well.)

My friend Poh, is currently visiting her family in Cambodia. Her green card will be expiring in early June, 2009.

A few months ago, she signed the form to remove the conditional status, I-751 while she lived in Missouri – sometimes in February. When she moved to Texas, a few weeks later, she flew back to Cambodia due to her mother’s sudden illness in order to take care of her in the hospital. Her husband indicated that the package had been mailed to the appropriate office.

She received an AR11 from her husband while staying in Cambodia. She signed and sent the form back to Texas. Her husband indicated that he would send the AR11 form to the DHS. She continues asking her husband regarding the NOA.

Before leaving Texas, she planned in having her husband and his daughter visited her in Cambodia in June for vacation and travel back to the States together. Hopefully, she will receive either the approval letter or the request for interview letter. She has a good faith that her husband will take care of all the tasks for her while she is taking care of her family.

Last week, she called the DHS office regarding her case. Since she did not have the receipt number, she could not talk to any live individual. She contacted her husband and asked whether he had received the NOA regarding I-751. He said that he still did not receive it yet.

A few nights ago, she received an email from her husband stating that he would like to terminate the relationship and will not follow-up anything regarding the I-751 with DHS. He also said that if she comes back to the States, likelihood, she will have to go back to Cambodia because the green card will be expired. She will not be eligible to live over here. (She still has several of her possessions and belongings over here.) She was in shock and crying non stop. She reviewed overall situations and felt that her husband might not even send the I-751 petition to the DHS as he previously stated at all. This is because her husband could not even provide any tracking evident regarding the case. He said that he had just dropped the package into the regular mail, without having making any photocopies. Her husband only said that he spent over $500 for the fees, nothing much had been provided in details.

Afterward, she talked to my wife and my wife relayed me the message. We believe that the husband lied to her in the filing of I-751. The email that the husband sent was an evident to support that claim.

We recommended her to come back to the States as soon as possible before the green card expires. I said that by staying over there she would lose her fighting chance. I said that she should be able to contact the lawyer and present all of this information.

The questions that I have:

1. Husband did not file for any divorce and made a surprise termination, would this be considered as a deception and can be prosecuted? He used the situations toward his advantages because he realized that his wife’s green card is expiring. (He did not file the divorce but waited like a cold-blood killer.)

2. What will be the wife’s fighting chance? She believes in good faith that the husband acted honestly by sending all of the I-751 required paperwork to the DHS. That’s why she left for Cambodia and faithfully waited for him to come to visit and go back together, after receiving an NOA.

3. I believe that coming back to the States at this moment, she will have a better fighting chance because her green card is not expiring yet. However, her husband stated that if was useless for her to come over here because she would have to go back in June, after her green card has been expired. Do you think it will be a wasteful trip for her?

4. I do not know her husband’s motive. If there would be a divorce, he should be filing long time ago. I felt that this is a cold-blood execution practice. By lying that the paperwork had been sent and continues to procrastinate to make her believe that everything is still a OK, I believe that was like a criminal activity of deception. She told me that she would not go to Cambodia, if the situation had been turning out like this. Did the husband’s conduct be considered any types of deception and could be prosecuted in the court of law?

5. Even though the husband’s email stated that he did not involve with another woman, we believe that he was performing a “CYA” act, just in case his email will be used in the court of law. I had never heard that the husband would like to divorce his wife by sending out an email, just in time before her conditional green card is expiring. He expects that she would not be able to do anything in a short period of time. Would you provide some comments on this one?

I do appreciate all of your expertise inputs. I will assist her by assembling them together. We encourage her to go back and brave herself in any situations. There will be severe headaches but she will have a great fighting chance with the justice system available to her. We even think about prosecuting the husband of the act of deception as well.

Thank you for sharing your comments and I do apologize if this message is too long. I would like to provide as much details as possible. My wife in Thailand will visit Panom Penth and her next week. Hopefully, we will have some great inputs from the great people from this board. Thank you again.

1.No.

2.Chances. 100% if there is strong good faith evidence.

3.No.

4.No.

5.The email will not effect immigration.

[3600rs 24]

Thank you for all of your comments. We are trying to help her fighting toward this situation.

After talking to my wife, the lady told her additional information:

1. Since she left the United States, the husband continued assuring her that the 10-year green card would be there in the mail. She still believed him because there was no indication that the marriage termination would occur.

2. Poh signed the 1040 paper in order to allow her husband to file the joint tax return this year, before she left. That would be one of the deceptions.

3. He informed her via email that it was useless for her to come back to the United States because he would not allow her entry into their apartment.

4. We felt that the husband would later file the divorce without allowing the wife to be presented for a fighting chance.

5. The husband said that he would mail and send all of the belongings back to Cambodia. He continues to depress her situation by instilling more fears and intimidation toward her, if she comes back to the States.

6. He also sent an email that this is not related to any other women. I think he might try to cover his rear on the issues.

7. Poh told my wife that she was desperate and right now, will definitely come back to the States and file for the divorce. She said that her mistake was -> she had not waited long enough for the NOA to arrive before she left the country. She put all the trusts to her husband.

8. We told her that she should come back to the States for a fighting chance. She is concerned that the divorce might be granted long after she could file for her own I-751. Her time is limited.

Based on your opinion, these are questions:

I. what do you think why the husband continues refusing her to come back to the States? Or it is because he would be in trouble as well because he lied that the I-751 had been sent through the mail and felt guilty? So, he would like to get rid of her.

II. Since she might not be allowed to enter her husband's apartment in San Antonio, Texas, she thought about change her flight plan to stay with some of her friends in other States to save the money. If there is a local USCIS over there, can she make an appointment via Infopass find out whether USCIS received her petition? Or she has to go to San Antonio to find out regarding the status of her petition? (This is to ensure that the husband was lying.) I told her that she might be able to contact the attorney over there to find out of what to do.

Thank you for your time and comments. We hope that we could be able to help this poor soul who got loss in these circumstances. Take care.

I. That could be anyone's guess. LOL

II. If she moves the file will be transferred to a diff. local office, there maybe a delay but moves are perfectly OK.

[supercomp 0]

I would like to assist one of my Cambodian friends who has some major problems regarding the two years CR1. We have just heard about her story last night. We decided to write on this board, whether we could find any solutions for her, in an addition for her to visit the attorney's office. (If the attorney's visit is useless, please provide your comments as well.)

My friend Poh, is currently visiting her family in Cambodia. Her green card will be expiring in early June, 2009.

A few months ago, she signed the form to remove the conditional status, I-751 while she lived in Missouri – sometimes in February. When she moved to Texas, a few weeks later, she flew back to Cambodia due to her mother’s sudden illness in order to take care of her in the hospital. Her husband indicated that the package had been mailed to the appropriate office.

She received an AR11 from her husband while staying in Cambodia. She signed and sent the form back to Texas. Her husband indicated that he would send the AR11 form to the DHS. She continues asking her husband regarding the NOA.

Before leaving Texas, she planned in having her husband and his daughter visited her in Cambodia in June for vacation and travel back to the States together. Hopefully, she will receive either the approval letter or the request for interview letter. She has a good faith that her husband will take care of all the tasks for her while she is taking care of her family.

Last week, she called the DHS office regarding her case. Since she did not have the receipt number, she could not talk to any live individual. She contacted her husband and asked whether he had received the NOA regarding I-751. He said that he still did not receive it yet.

A few nights ago, she received an email from her husband stating that he would like to terminate the relationship and will not follow-up anything regarding the I-751 with DHS. He also said that if she comes back to the States, likelihood, she will have to go back to Cambodia because the green card will be expired. She will not be eligible to live over here. (She still has several of her possessions and belongings over here.) She was in shock and crying non stop. She reviewed overall situations and felt that her husband might not even send the I-751 petition to the DHS as he previously stated at all. This is because her husband could not even provide any tracking evident regarding the case. He said that he had just dropped the package into the regular mail, without having making any photocopies. Her husband only said that he spent over $500 for the fees, nothing much had been provided in details.

Afterward, she talked to my wife and my wife relayed me the message. We believe that the husband lied to her in the filing of I-751. The email that the husband sent was an evident to support that claim.

We recommended her to come back to the States as soon as possible before the green card expires. I said that by staying over there she would lose her fighting chance. I said that she should be able to contact the lawyer and present all of this information.

The questions that I have:

1. Husband did not file for any divorce and made a surprise termination, would this be considered as a deception and can be prosecuted? He used the situations toward his advantages because he realized that his wife’s green card is expiring. (He did not file the divorce but waited like a cold-blood killer.)

2. What will be the wife’s fighting chance? She believes in good faith that the husband acted honestly by sending all of the I-751 required paperwork to the DHS. That’s why she left for Cambodia and faithfully waited for him to come to visit and go back together, after receiving an NOA.

3. I believe that coming back to the States at this moment, she will have a better fighting chance because her green card is not expiring yet. However, her husband stated that if was useless for her to come over here because she would have to go back in June, after her green card has been expired. Do you think it will be a wasteful trip for her?

4. I do not know her husband’s motive. If there would be a divorce, he should be filing long time ago. I felt that this is a cold-blood execution practice. By lying that the paperwork had been sent and continues to procrastinate to make her believe that everything is still a OK, I believe that was like a criminal activity of deception. She told me that she would not go to Cambodia, if the situation had been turning out like this. Did the husband’s conduct be considered any types of deception and could be prosecuted in the court of law?

5. Even though the husband’s email stated that he did not involve with another woman, we believe that he was performing a “CYA” act, just in case his email will be used in the court of law. I had never heard that the husband would like to divorce his wife by sending out an email, just in time before her conditional green card is expiring. He expects that she would not be able to do anything in a short period of time. Would you provide some comments on this one?

I do appreciate all of your expertise inputs. I will assist her by assembling them together. We encourage her to go back and brave herself in any situations. There will be severe headaches but she will have a great fighting chance with the justice system available to her. We even think about prosecuting the husband of the act of deception as well.

Thank you for sharing your comments and I do apologize if this message is too long. I would like to provide as much details as possible. My wife in Thailand will visit Panom Penth and her next week. Hopefully, we will have some great inputs from the great people from this board. Thank you again.

1.No.

2.Chances. 100% if there is strong good faith evidence.

3.No.

4.No.

5.The email will not effect immigration.

Agreed.

Wanting to end marriage when it is advantageous for you and creating situation for that purpose is NOT a crime. It happens all the time between american citizens. Just because one spouse is foreign, doesn't make it a crime.

If he wants to get divorce, there is nothing she can do about it. Getting her 10 year greencard is not his problem nor responsibility. If he doen't think marriage is working out, he is entitled to get divorce.

[anitacastillo 0]

Sorry to read of this woman's situation.

The husband is trying to manipulate her by saying don't come back. It is easier for him if she is 5000+ miles away.

I would suggest she goes where she has a place to stay and opportunity to make money. I think she could get a police escort to retrieve her belongings from their home, but others know more about that.

Finally, I don't think she needs an attorney - if she has you to investigate the specific questions.

Good Luck!!

[Dakine 26]

Hard for me to believe there are that many A-holes out there. What? Guys think they have a "return" the purchase right. Send the item back not caring they have "damaged" the merchandise.

Hope Karma works?