U.S. citizen wife is to withdraw I-130 petition before aos interview - urgent help!

[Bocajr27 3]

Firt off, I'm sorry for what you're being put through. It's not fair or just but rest assure that carma has a way of taking care of these things. Second, if you're not planning on coming back to the states, do not stress the credit situation.

Even if you were planning on coming back to the sates, your credit would not come into play when it comes to your immigration status. In fact, since you're married, she would probably be responsible for the debt aquired, If both your names are on the bills. If so.......well my friend, that's carma.

[kcoyclay1 98]

Isn't voluntary repossession different from involuntary repossession? The first one is as in your case where you ask the company to repossess the vehicle due to your inability to pay. The second is such where the company takes back the vehicle because you have refused to pay. Regardless of the type of repossession, one thing is for sure... they auction the vehicle and if there is a balance owing to them you can make an arrangement to pay the amount and as long as you repay the amount it does not screw up your credit score.

I am sorry to hear about the end of your marriage and I am sure it is no consolation when someone tells you to move on but remember one thing.."what goes around comes around." People are not fools and I do not want to sound like a judge because I am not and I am only going by your side of the story but based on what you say it will come around and bite her on the butt. If she was just being with you because you looked promising enough as financial security then guess what, her words about her lover giving her this and that and promising her the moon will soon hit her hard when his well runs dry or he wises up and realize that he is over-paying her for her "loving".

It is hard but it is better to be separated from her. All the best for your future.

[Boiler 48,181]

You need a Divorce Lawyer, maybe but it sounds like it will be pretty simple.

Not sure what an Immigration Lawyer can add, you know the circumstances, no harm I guess paying for a one off consultation.

Did she co sign your car loan?

Edited May 4, 2009 by Boiler

[edcokpareke 5]

Whoa! Really sorry to hear your story. Just try not to get yourself on the 11 O'clock news...if you know what I mean. Unfortunately, that's the only advice I can give.

[R&AINC 1]

Do not listen to people telling you about screwing your credit. 7 years are long time.. If you plan to stay in the States do everything possible to keep up with the payments. Even though right now people are defaulting their mortgage payments etc and it seems trendy to just not pay your bills... do not do this.

In the US, you are not a person, You are a credit report. I lived there I know how it is. YOu want to rent..credit report, you want to find a job, credit report (in finance).... etc you probably want to take a dump in the public toilette and they will ask you for a credit report.

With the OPT you can work at the university, and if not find whatever suitable. You are also suffering a form of domestic violence. (I learned this form other treads...)

The only think for sure is do not f.... your credit. YOu will have a divorce and bad credit....That means life over in the states...

[Old Dominion 26]

Generally, alleging adultery in filing for divorce is a bit of a pain. It's difficult to prove, for one thing, and much more expensive and time-consuming than the alternatives that exist in most states. It is not a very good situation for you, and following that advice will only complicate your life even more.

I hope you find a lawyer (usually there are plenty in university communities) and get advice on both your credit and your divorce. As to legally staying here, it seems to be out of the question. But with a lawyer's help, you can return to Colombia with your head held high.

Perhaps through the network that usually exists in PhD programs, you'll find just the right job. Sending out thousands of resumes, which you've done already, is not the way to search even in the best of times.

Good luck!

[Donna A 4]

will ur credit history follow u back to your country? if not why worry about ur credit if u say u will gladly go back. maybe cuz u dont really want to go back and looking for a reason to stay?

[leapoffaith 0]

It seems that although you are traumatized by your life with Audrey, you still want to live in USA. This also explains the reason for your anxiety of credit score.

If you are (getting) out of status, nothing else matters than to get out of this country soon so that your future entry is not jeopardized.

[soveryscared 0]

I'm sorry to hear about your situation. I think it was very professional of your attorney to notify both you an your wife that he will not represent either of you after the petition is withdrawn. Perhaps you can ask him to recommend another lawyer, someone at his office or a colleague at another firm?

Your legal status in the US is more important than your credit score. Your score could recover from damage over time, but if you overstay that will follow you for a much longer time and possible prevent you from returning to the US (and lowering your earning potential). Would your father-in-law be willing to help you with the car? Perhaps you could sell it and he could loan you the money remaining payments owed? IF this is possible, discuss the terms, payment plan, method, due date etc. and both you keep a signed copy of the terms. Or you could try to work with the dealer (it might not help, but it wouldn't hurt to ask)) or return it to the dealer (a slightly better option than repossession).

Thank you reeses,

My father in law is actually passing through a very rough time money wise as well, the option of borrowing money from him for my car loan is indeed ruled out as he is at the edge of facing foreclosure of his house (another nice feature of this nice economy). I appreciate a lot your rationale and cutting sharp the two problems of immigration and credit. Of course it would be ideal to have both solved, nevertheless my options are very limited at this point. I think I can find a way to negotiate something with the car loan so I can take off, I am thinking of leaving the car with some friends and send them the car payments regularly until the car can be sold.

[soveryscared 0]

I do not understand what others are talking about. may be we can offer what we know. But bunch of " i am sorry to hear this" is not going to help.

You need to act and act fast. Your I-130 means nothing if it is withdrawn. And since she is pulling the plug off, you better forget about the green card at this stage. She can do that if you have not been to the interview, and this I-130 From Audrey is not going to do any good to you. So try to forget about it as a bad dream. Just dont over react. You have your PHD and the OPT. until then you may also try to find from your professor if you can do Post Doc. I think its the same as OPT but different than a regular OPT. I have seen many POST DOC students where they get paid certain amount for the program. That way your academia wont be screwed, atleast. In the mean time dont give your job search and who knows you may land something.

Now start living like an American, meaning fu** emotions and past. Now on, your priority is you , and you and you and you. if that means you have to leave this country , so be it. now the question is if you have to leave the country why are you worried about the car loan and credit. Screw credit. that isnot important. Credit repairs itself in 7 years or less depending on the case. What is important is your life and your mental sanity.

On the other hand, Make sure you mention on the Divorce complaint that the reason for thi divorce is "Adultery". that means the marriage will be annulled, which means as if you never got married at all, Period. That is a very important base on your divorce complaint, and depending on your state law , if the reason is adultery, you may not have to abide by the for the statutory Seperation period. Also make sure you claim everything you can so that your rights are preserverd in the case of a divorce. Dont let her take a penny away from you, but make her pay for her cheating. and again you will need a lawyer to do this.

Now comes the money part. You need two lawyers , or may be one that knows both divorce and immigration. if you still want to see if you have any chances to continue with the same I-130, Go to AILA.com , find the number and they can refer you to a long list of member immigration attorneys in your area. Many, if you go through Aila, do not charge anything or minimal for initial cosulationa. You should be able to find out if you have any case with our I-130 during the first meeting with a competent lawyer. If a lawyer beats bush too much, screw him. Go to another one. i know a lawyer here in DC area, he will tell you upfront , after looking into any case, whether the case is good enough or not. If it is not , he would nto take it. But if he says it will work then that will work. He is known as Mancini.

Every Monday at 2:00 there are two prominent immigration lawyers come on line and chat. Where they take questions from people like us who dont have alot of money but do have lots of immigration questions. The site is http://www.lawyers.com/discuss-your-legal-issue.html. The next chat is scheduled for May 11, at 2:00 pm. you can submit your questions before hand. And if needed and you are happy with those replying attorneys, you can hire them or they will tell how to, or least they will refer you to some lawyeers in New york.

So bottom line, Screw your depression. Get your act together, dot the eyes and cross the teeth and start working on your life man. This is your priority and you and you and you , only you can untangle this dreaded mess.

Good luck!!

Wow, thank you Mohan, in times like this I need someone with such a character and determination, which I typically am, but these circumstances have deteriorated my psyche a lot. I have also tried postdocs, nevertheless the area of my research is not very common, and thus it's not so easy to get a postdoc opening. I have tried postdocs in related areas with no luck so far. In good part the reason why I need to keep my credit and legal status in good shape is because I could get a postdoctoral position after I go back to Colombia, that is why I consider it a very important issue.

But I am aware that the U.S. is not the only country where I can do research and have a happy prosperous life. As you adecuately said, what really matters is my life and mental sanity at this point, I just have to be cautious to not block myself from potential opportunities I may have in the future.

Regarding the divorce matter, yes, I know I will possibly need two attorneys, and I am definitely using the argument of adultery for my divorce. There is no way that Audrey will get away with it after all the burden and pain she has caused me. Our marriage was in Pennsylvania, and it seems that the law for divorce on the basis of adultery is fuzzy to say the least. I am aware that it would be hard to prove it, but I have a few pieces of evidence which can be convincing enough.

Thanks for the reference to Aila and the other references, I will try them.

Again, thanks for your post, it was very refreshing, and it is always good to hear someone telling you that it is never to late to stand up and go!

Thank you!

[kerran 4]

I'm so sorry to hear,,, I hope this helps,,,,

Divorce Before Green Card Issued

Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of the permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree file the joint petition to remove the conditions. This is when a green card divorce causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.

Applying for a Waiver

The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.

Extreme hardship to the immigrant spouse if deported.

***Extreme cruelty and abuse from the U.S. citizen spouse.

Waivers often require an interview of the immigrant spouse to get approval.

[Yahya54 4]

hello

how are you ?

idid rather sent yiu an emial than just write a topice .i know what you going thru and im sorry to her your story they are alot poeple

like suffer b/c ibeen thier and i know how it fell my wife withdrew my i130 after 6 yers marrige...however you still an opition now your wife she not

going to do you any good so you need to get divorce a.s.ap and fille i360 vawa wichs you self-pitition your selfe if you can approve .or have evident that she abuse you mentely or pyhsicaly and you enterd the marrige in good fath you may have good shot at thies since she was cheatingor have mental problem but you need to take to a good immigriton lawyer a.sap and aske if you file i 360 vawa

the bast louck for you my friend

[soveryscared 0]

will ur credit history follow u back to your country? if not why worry about ur credit if u say u will gladly go back. maybe cuz u dont really want to go back and looking for a reason to stay?

Currently your credit history does not follow you to other countries. My debt is not an excuse to not leave, I simply need to have my credit history clean for future visits to the U.S. which are very likely to happen. I have a doctorate degree, and I am definitely interested in pursuing a postdoctoral position, in that case I would need to have a clear file when I return, it is because of professional reasons, not because of me being attached to an immigration status, I simply don't care about that any more. On a more uncertain ground as you may know, financial institutions are becoming globalized like everything else, and in the future the debt might chase me to wherever I am with a huge accrued interest and I will not forgive myself if that is the case for making a bad decision today. There has to be a way by which I can solve that situation.

[GheTToJaTTi 0]

Without her support (I-864), and since you do not have the greencard yet, you are in a precarious situation.

If you do not care about a greencard, then you should divorce her now, before you leave, and go on with your life.

A lawyer would be your best bet. I do not know of any in that area, but perhaps someone here will give you guidance.

Good luck!

I agree.

When it comes to the car loan situation - that is considered a secured debt (they take it back if you can't pay) - if you can't pay it back, the lender will either take it back or reposess it if you don't pay on time. I suggest going to where you got your car and turning it in before you leave.

Good luck.

Thank you,

If I allow the bank to repossess my car my credit history will be ruined. The credit is defaulted and it is called a delinquent credit, so it is a serious problem. The report of the repossession will be in my credit history for at least seven years. That is exactly what I am trying to avoid, the consequences of this report in my credit history are completely unpredictable for my future.

i dont get it.. if u are willing to go back to ur country then why u care about ur credit..it dont matter if u have bad credit or not.. worry about getting a divorce and see what u can do about ur visa

[soveryscared 0]

Without her support (I-864), and since you do not have the greencard yet, you are in a precarious situation.

If you do not care about a greencard, then you should divorce her now, before you leave, and go on with your life.

A lawyer would be your best bet. I do not know of any in that area, but perhaps someone here will give you guidance.

Good luck!

I agree.

When it comes to the car loan situation - that is considered a secured debt (they take it back if you can't pay) - if you can't pay it back, the lender will either take it back or reposess it if you don't pay on time. I suggest going to where you got your car and turning it in before you leave.

Good luck.

Thank you,

If I allow the bank to repossess my car my credit history will be ruined. The credit is defaulted and it is called a delinquent credit, so it is a serious problem. The report of the repossession will be in my credit history for at least seven years. That is exactly what I am trying to avoid, the consequences of this report in my credit history are completely unpredictable for my future.

i dont get it.. if u are willing to go back to ur country then why u care about ur credit..it dont matter if u have bad credit or not.. worry about getting a divorce and see what u can do about ur visa

I saw your timeline and I can tell that you have not been in the U.S. for very long, so let me introduce you to the world of the United States of America. Your credit history here is EVERYTHING. Have you not seen the TV commercials of freecreditreport.com with the guy telling the story about him living in his parents basement with his new wife because he never checked her credit report? That's what I am talking about. that's pretty much my story amplified by an immigration process.

I care about my credit because I am a very well qualified professional, with a Ph.D. and an M.B.A. and I care about my credit history because when I come back to the U.S. for a postdoctoral position or an industry job I will need a clear record in my credit report to have a normal life. I am not whining, I am just frustrated by the power that this country gives to its citizens to perpetuate atrocities like the one my "still-wife-monster" is doing to me.

I don't need a wedding to get a green card, that's for someone who works as an operator in a factory. I was fooled by a woman who knowingly wanted me to give her a life of pleasure and fantasy at no cost, when things got bad with the economy she fled with the first guy who appeared and offered her money and properties (I know this because in her cynical way she also said to me that her lover was a f****g old man with nothing to offer between his legs). This is not the only first world country in the world, and I can work and do research I many other places, nevertheless I still need to have the possibility to come back to the U.S.A. for professional reasons. I just need to fix my status and get everything solved to have my record clean. I am talking about my good name. I will not leave with my head down as if I was an illegal immigrant.... f**k that s**t, specially if it is because that freaking witch wants it so after causing me a tremendous grief to me and my family, abusing the power that the immigration system gave her for the crucial period of time in which I am. I will not give her the pleasure of laughing in my face, kicking me and then throwing me like trash. She wants a fight, she will have one the size of my academic preparation, I have little time but I will focus and I will succeed in proving that what she has done is wrong, morally, ethically, and by all human senses wrong. I came to this country expecting a Ph.D. not a f****g greencard. She got me into the greencard thing with her intention of me paying for every debt she had before I met her, after I could get a well paid job. It was deliberate from her side.

Is it clear now about the credit history?