Beneficiary Filing for Divorce

[blistex27 4]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

[TayRivers 4]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

It does not mater who filled for the divorce, What USCIS will be looking for is evidence to prove the marriage was entered into in good faith.

[mooninlove 1]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

It depends. Some states have no-fault divorce like Ca. We never went to court & we did all by mail. As long as you can support the good faith marriage by providing evidences to the USCIS then it's up to them if they'll approve you or not.. One thing that it matters to me is that in my application for a new passport (PI for instance), I need to be the respondent for me to obtain a new passport in my old name or new name..

[blistex27 4]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

It depends. Some states have no-fault divorce like Ca. We never went to court & we did all by mail. As long as you can support the good faith marriage by providing evidences to the USCIS then it's up to them if they'll approve you or not.. One thing that it matters to me is that in my application for a new passport (PI for instance), I need to be the respondent for me to obtain a new passport in my old name or new name..

Does anybody know what the divorce laws are in Florida? And what type of evidence is sufficient to USCIS to prove a "bonafide marriage?" It all seems so subjective...

[blistex27 4]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

It depends. Some states have no-fault divorce like Ca. We never went to court & we did all by mail. As long as you can support the good faith marriage by providing evidences to the USCIS then it's up to them if they'll approve you or not.. One thing that it matters to me is that in my application for a new passport (PI for instance), I need to be the respondent for me to obtain a new passport in my old name or new name..

I am very confused as to what you meant when you said you needed to be the respondent for a new passport. What's "PI"? Will you clarify for me?

[idocare 3]

Check out the VAWA topic. Someone listed what they sent in to prove they were in a bonifide relationship.

[mooninlove 1]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

It depends. Some states have no-fault divorce like Ca. We never went to court & we did all by mail. As long as you can support the good faith marriage by providing evidences to the USCIS then it's up to them if they'll approve you or not.. One thing that it matters to me is that in my application for a new passport (PI for instance), I need to be the respondent for me to obtain a new passport in my old name or new name..

I am very confused as to what you meant when you said you needed to be the respondent for a new passport. What's "PI"? Will you clarify for me?

PI: Philippines. For me to obtain a Philippine passport, I should be the respondent in my divorce to a foreign national. That was during my I-751 stage, I travelled back to PI and needed a new passport. But now I am a US Citizen. But when I submitted my I-751, I submitted evidences like a regular I-751 filers with all docs from my marriage etc..

[Hydey 0]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

It depends. Some states have no-fault divorce like Ca. We never went to court & we did all by mail. As long as you can support the good faith marriage by providing evidences to the USCIS then it's up to them if they'll approve you or not.. One thing that it matters to me is that in my application for a new passport (PI for instance), I need to be the respondent for me to obtain a new passport in my old name or new name..

I am very confused as to what you meant when you said you needed to be the respondent for a new passport. What's "PI"? Will you clarify for me?

PI: Philippines. For me to obtain a Philippine passport, I should be the respondent in my divorce to a foreign national. That was during my I-751 stage, I travelled back to PI and needed a new passport. But now I am a US Citizen. But when I submitted my I-751, I submitted evidences like a regular I-751 filers with all docs from my marriage etc..

Did you have an in person interview for the removal of conditions after divorce, and if so what was it like?

[Marina-Del 10]

As they said it doesn't matter who filed for divorce? And why would it? If the beneficiary comes here in good faith and it turns out that the petitioner is not at all who she/he said he was (I'm not saying that you were like this, I'm just making a point), then it's not their fault at all and they still entered the marriage in good faith. It's not only the beneficiaries that can lie about how they are, petitioners do it all the time!

And in my opinion, it sucks more for the beneficiary who has left everything behind in their home countries and moved all the way across the world!!

[Bobby+Umit 161]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

First question, what part of the process are you at?

AOS?

2yr conditional GC? 10 yr?

[Chica Yeyé 41]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

First question, what part of the process are you at?

AOS?

2yr conditional GC? 10 yr?

Excellent point brother Bobby.

[blistex27 4]

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

First question, what part of the process are you at?

AOS?

2yr conditional GC? 10 yr?

Excellent point brother Bobby.

hello all. I already have my 2 year conditional green card, which I was granted august 30, 2008. We can't file to remove conditions until may 30, 2010. I don't think we are going to last that long, no matter how many times we try. I keep quiet as much as possible to keep the peace, but my wife picks fights with me often about trivial things, and she lets her family interfere way too much in our affairs. This woman has treated my family members with disrespect and repeatedly threatens to kick me out of our home. She insists she will be moving out of our home soon and refuses to file for divorce. I doubt when it comes time to remove conditions that she will do it, so i am in quite a pickle.

[diadromous mermaid 36]

Well either party can file for divorce. If you have sufficient evidence of a bona fide marriage why wait for her and run the risk that you don't have a decree by the deadline to remove conditions?

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

First question, what part of the process are you at?

AOS?

2yr conditional GC? 10 yr?

Excellent point brother Bobby.

hello all. I already have my 2 year conditional green card, which I was granted august 30, 2008. We can't file to remove conditions until may 30, 2010. I don't think we are going to last that long, no matter how many times we try. I keep quiet as much as possible to keep the peace, but my wife picks fights with me often about trivial things, and she lets her family interfere way too much in our affairs. This woman has treated my family members with disrespect and repeatedly threatens to kick me out of our home. She insists she will be moving out of our home soon and refuses to file for divorce. I doubt when it comes time to remove conditions that she will do it, so i am in quite a pickle.

[blistex27 4]

Well either party can file for divorce. If you have sufficient evidence of a bona fide marriage why wait for her and run the risk that you don't have a decree by the deadline to remove conditions?

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

First question, what part of the process are you at?

AOS?

2yr conditional GC? 10 yr?

Excellent point brother Bobby.

hello all. I already have my 2 year conditional green card, which I was granted august 30, 2008. We can't file to remove conditions until may 30, 2010. I don't think we are going to last that long, no matter how many times we try. I keep quiet as much as possible to keep the peace, but my wife picks fights with me often about trivial things, and she lets her family interfere way too much in our affairs. This woman has treated my family members with disrespect and repeatedly threatens to kick me out of our home. She insists she will be moving out of our home soon and refuses to file for divorce. I doubt when it comes time to remove conditions that she will do it, so i am in quite a pickle.

I'm concerned about how kindly/unkindly USCIS will look upon that, and the chances of approval. Sometimes, enough really is enough...

[diadromous mermaid 36]

Demonstrating that a marriage was bonafide and not solely for immigration benefit requires evidence that the alien intended for the marriage to sustain. Therefore, success has less to do with the length of time that the alien remained married after PR was conferred, and more to do with the quality of the evidence presented to corroborate that the alien's intent upon entering the marriage was legitimate.

Well either party can file for divorce. If you have sufficient evidence of a bona fide marriage why wait for her and run the risk that you don't have a decree by the deadline to remove conditions?

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

First question, what part of the process are you at?

AOS?

2yr conditional GC? 10 yr?

Excellent point brother Bobby.

hello all. I already have my 2 year conditional green card, which I was granted august 30, 2008. We can't file to remove conditions until may 30, 2010. I don't think we are going to last that long, no matter how many times we try. I keep quiet as much as possible to keep the peace, but my wife picks fights with me often about trivial things, and she lets her family interfere way too much in our affairs. This woman has treated my family members with disrespect and repeatedly threatens to kick me out of our home. She insists she will be moving out of our home soon and refuses to file for divorce. I doubt when it comes time to remove conditions that she will do it, so i am in quite a pickle.

I'm concerned about how kindly/unkindly USCIS will look upon that, and the chances of approval. Sometimes, enough really is enough...