HELP me!!!

[minaxi 0]

hi I am stuck in problem

my husband wants divorce and i don't want but unfortunately we are in Illinois(''Non-fault") state. its three years we have been married. I was in for india 2 years and it's like six months i came here, now the problem is he is torturing us(me and my first husband's two kids, My first husband has expired) to go back India but me and my kids now like it here so we want to live(because there is no family in india) here. i have CR-1 visa and my kids have CR-2 visas. i have 2 years green card (permanent residence) and i don't know what to do. we have "Good faith" and we have pictures, emails, documents and gifts.

see if u can help me

I would appreciate any information.

thank u

[payxibka 10,045]

if you want to self petition you must wait until the divorce is final... once it is then you can petition for 2nd greencard

[minaxi 0]

if you want to self petition you must wait until the divorce is final... once it is then you can petition for 2nd greencard

ya but what after divorce can i still stay here for 2 years and what r chances of permanent residence if i put petition for 2nd greencard

thanx for information:)

[Penguin_ie 5,994]

If you have plenty of proof of bonafide marriage, your chances of getting the ten year green card are very good. Good luck!

[payxibka 10,045]

if you want to self petition you must wait until the divorce is final... once it is then you can petition for 2nd greencard

ya but what after divorce can i still stay here for 2 years and what r chances of permanent residence if i put petition for 2nd greencard

thanx for information:)

depends on the case.... no one can predict the chances of your case being successful because we do not know the quality of the facts of your situation nor are we working for the USCIS. Many VJ members over the past years however have been successful.

[beth 4]

Here is my story, hope this can give you some help.

Arrived Florida USA with Fiance Visa April 2007, got married June 2007, had a child February 2008. Left my husband July 2009 and lived in the church pastor and other good family friends. I had outreach advocates from Shelter against domestic violence they gave me certification that I am their client and receiving counseling. Same with the church I'm attending- gave me certification that me and my daughter were under their care.

My ex-husband filed divorce with private lawyer August 2009. My conditional green card expired Sept 25,2009. First Hearing for my divorce Sept 21. I had no lawyer because the public attorney's office says I'm not physically abused. Its ok he just got one month more days with our my daughter (the judge says bec i hide our child from him since i left. take note that florida has no fault too. even if he is having an affair.

I filed my I-751 Sept 24. Vermont received it Sept 29. I got the first Notice Oct 15 and it says Fee Waived. oct 21, we had our mediation and still i didnt have lawyer...but i got child support and alimony!!! I showed them the form I-485 that he signs(he needs to support me even if were divorce till i became US citizen or had a job) i dont have any income. just 200 dollars food stamp and some donations from the church. Tomorrow Nov. 3 i will have my biometrics.

Hope everything will be smooth in your removing conditional application. don't worry, as long as you have all the documents ready. prove the immigration that you married him in good faith.

be blessed!

[Missleyte 0]

Hi! beth nabasa ko post mo at nakakalongkot na ganon nangyari sa inyo ng asawa mo at naintindinhan ko dahil silang american may ibang ugali.Ako nga tiis lang dito may tanong ako sayo ano pala mga documento na submit mo sa application mo?Basta dasal lang sa dios okey take care nd god less!

Merlita Villotti

[payxibka 10,045]

Hi! beth nabasa ko post mo at nakakalongkot na ganon nangyari sa inyo ng asawa mo at naintindinhan ko dahil silang american may ibang ugali.Ako nga tiis lang dito may tanong ako sayo ano pala mga documento na submit mo sa application mo?Basta dasal lang sa dios okey take care nd god less!

Merlita Villotti

English only is required when not posting in a regional forum

[minaxi 0]

Here is my story, hope this can give you some help.

Arrived Florida USA with Fiance Visa April 2007, got married June 2007, had a child February 2008. Left my husband July 2009 and lived in the church pastor and other good family friends. I had outreach advocates from Shelter against domestic violence they gave me certification that I am their client and receiving counseling. Same with the church I'm attending- gave me certification that me and my daughter were under their care.

My ex-husband filed divorce with private lawyer August 2009. My conditional green card expired Sept 25,2009. First Hearing for my divorce Sept 21. I had no lawyer because the public attorney's office says I'm not physically abused. Its ok he just got one month more days with our my daughter (the judge says bec i hide our child from him since i left. take note that florida has no fault too. even if he is having an affair.

I filed my I-751 Sept 24. Vermont received it Sept 29. I got the first Notice Oct 15 and it says Fee Waived. oct 21, we had our mediation and still i didnt have lawyer...but i got child support and alimony!!! I showed them the form I-485 that he signs(he needs to support me even if were divorce till i became US citizen or had a job) i dont have any income. just 200 dollars food stamp and some donations from the church. Tomorrow Nov. 3 i will have my biometrics.

Hope everything will be smooth in your removing conditional application. don't worry, as long as you have all the documents ready. prove the immigration that you married him in good faith.

be blessed!

thanks for helping it solved my confusion

so that means i can apply for permanent residence before my first 2 years GC gets expired......?

[JimVaPhuong 4,863]

Here is my story, hope this can give you some help.

Arrived Florida USA with Fiance Visa April 2007, got married June 2007, had a child February 2008. Left my husband July 2009 and lived in the church pastor and other good family friends. I had outreach advocates from Shelter against domestic violence they gave me certification that I am their client and receiving counseling. Same with the church I'm attending- gave me certification that me and my daughter were under their care.

My ex-husband filed divorce with private lawyer August 2009. My conditional green card expired Sept 25,2009. First Hearing for my divorce Sept 21. I had no lawyer because the public attorney's office says I'm not physically abused. Its ok he just got one month more days with our my daughter (the judge says bec i hide our child from him since i left. take note that florida has no fault too. even if he is having an affair.

I filed my I-751 Sept 24. Vermont received it Sept 29. I got the first Notice Oct 15 and it says Fee Waived. oct 21, we had our mediation and still i didnt have lawyer...but i got child support and alimony!!! I showed them the form I-485 that he signs(he needs to support me even if were divorce till i became US citizen or had a job) i dont have any income. just 200 dollars food stamp and some donations from the church. Tomorrow Nov. 3 i will have my biometrics.

Hope everything will be smooth in your removing conditional application. don't worry, as long as you have all the documents ready. prove the immigration that you married him in good faith.

be blessed!

thanks for helping it solved my confusion

so that means i can apply for permanent residence before my first 2 years GC gets expired......?

Yes, you can file anytime before the end of the two years providing that your filing based on a waiver request - in this case, based on a divorce.

Beth didn't give all of the details, but it doesn't appear she could have submitted a copy of her divorce decree with her I-751 because it sounds like her divorce isn't final yet. She will get an RFE for the divorce decree before the petition will be approved. If the divorce still isn't final at that time, then USCIS will initiate removal proceedings. However, she will be able to ask the immigration judge to postpone the proceedings until her divorce is finished, and the judge will probably grant the request. It's usually not recommended that you file an I-751 with a "good faith/divorce" waiver request until the divorce is final, but it sounds like Beth chose the correct course of action since her conditional green card was about to expire. Hopefully, she'll have her divorce decree before the RFE arrives.

In order to get the fewest problems with the process, you shouldn't file the I-751 until you have the final divorce decree. Since you still have time before your conditional green card expires, then this is the path you should take. Once you have the final divorce decree then you should file the I-751 as soon as possible. If USCIS discovers the divorce they are supposed to take action to begin removal proceedings, though they usually don't find out about the divorce until you tell them about it.

[Minya's wife 25]

Here is my story, hope this can give you some help.

Arrived Florida USA with Fiance Visa April 2007, got married June 2007, had a child February 2008. Left my husband July 2009 and lived in the church pastor and other good family friends. I had outreach advocates from Shelter against domestic violence they gave me certification that I am their client and receiving counseling. Same with the church I'm attending- gave me certification that me and my daughter were under their care.

My ex-husband filed divorce with private lawyer August 2009. My conditional green card expired Sept 25,2009. First Hearing for my divorce Sept 21. I had no lawyer because the public attorney's office says I'm not physically abused. Its ok he just got one month more days with our my daughter (the judge says bec i hide our child from him since i left. take note that florida has no fault too. even if he is having an affair.

I filed my I-751 Sept 24. Vermont received it Sept 29. I got the first Notice Oct 15 and it says Fee Waived. oct 21, we had our mediation and still i didnt have lawyer...but i got child support and alimony!!! I showed them the form I-485 that he signs(he needs to support me even if were divorce till i became US citizen or had a job) i dont have any income. just 200 dollars food stamp and some donations from the church. Tomorrow Nov. 3 i will have my biometrics.

Hope everything will be smooth in your removing conditional application. don't worry, as long as you have all the documents ready. prove the immigration that you married him in good faith.

be blessed!

thanks for helping it solved my confusion

so that means i can apply for permanent residence before my first 2 years GC gets expired......?

Yes, you can file anytime before the end of the two years providing that your filing based on a waiver request - in this case, based on a divorce.

Beth didn't give all of the details, but it doesn't appear she could have submitted a copy of her divorce decree with her I-751 because it sounds like her divorce isn't final yet. She will get an RFE for the divorce decree before the petition will be approved. If the divorce still isn't final at that time, then USCIS will initiate removal proceedings. However, she will be able to ask the immigration judge to postpone the proceedings until her divorce is finished, and the judge will probably grant the request. It's usually not recommended that you file an I-751 with a "good faith/divorce" waiver request until the divorce is final, but it sounds like Beth chose the correct course of action since her conditional green card was about to expire. Hopefully, she'll have her divorce decree before the RFE arrives.

In order to get the fewest problems with the process, you shouldn't file the I-751 until you have the final divorce decree. Since you still have time before your conditional green card expires, then this is the path you should take. Once you have the final divorce decree then you should file the I-751 as soon as possible. If USCIS discovers the divorce they are supposed to take action to begin removal proceedings, though they usually don't find out about the divorce until you tell them about it.

Hasn't USCIS updated its filing requirements with regards to the requirement of having in hand the final divorce decree to file I-751 alone? I seem to remember reading something that it is now doable, will trigger an RFE for the final decree, but it is acceptable to do so? It was just recently, I think, that I read a link containing a USCIS memo to this extent....

[JimVaPhuong 4,863]

Hasn't USCIS updated its filing requirements with regards to the requirement of having in hand the final divorce decree to file I-751 alone? I seem to remember reading something that it is now doable, will trigger an RFE for the final decree, but it is acceptable to do so? It was just recently, I think, that I read a link containing a USCIS memo to this extent....

I read the same memo. What it basically did was change the way USCIS handles an I-751 with a divorce waiver request when the divorce decree is not included with the petition. They used to deny the petition. Now, they send an RFE for the divorce decree. In either case, the petition won't be approved until the divorce is final.

There's not much point in filing a petition if you know for certain that it will trigger an RFE, unless you're in a position where you're more or less forced to do so. If you're coming up on the date of expiration for your conditional green card and you still don't have the divorce decree yet, then go ahead and file without the decree and just hope the divorce will be finished before the RFE arrives. If you aren't forced to do so by an expiring green card, then wait for the divorce to finish. USCIS isn't compelled to take any steps to terminate the conditional residency status until the divorce is final. If the conditional green card isn't about to expire, then there's nothing to be gained from filing before the divorce is final.