Husband in India, but I the USC wants a divorce! Need Help

[Boiler 43,759]

50 days out of the country is no big issue. The Death Cert would have been useful if it was a long stay out. He may have other reasons for needing it.

I still do not understand why his GC and Passport were taken, must be something else going on that has not been mentioned.

You can write to ICE, just do not expect anything to happen as a result.

[zeeshan123 1]

i agree with above. why IO took his passport and GC? is there is something else he did?

[JimVaPhuong 4,863]

Yes, what you say can happen, but not always happens. Its done on a case by case basis, many a times dependent on local practice. The above is not rule of thumb, every foreign divorcée would be in removal proceedings if it had been a rule. The Alien has a chance to file for a waiver regardless of whether or not he is a subject of removal proceedings. The waiver maybe Good Faith or any other condition. All he needs is reasonable evidence to convince the IO or even the IJ of his intent.

He is a permanent resident till the IJ says otherwise. He should be OK at the end unless there is a preplanned malicious sham scheme he was involved in, which need to be proved in court, not just accusations without evidence.

INA section 216(b)(1)(A)(ii). If USCIS discovers the divorce then they are compelled to terminate conditional residence. The reason they don't do this very often is because the first time they find out about the divorce is usually when they receive the I-751 with the waiver request.

[3600rs 24]

INA section 216(b)(1)(A)(ii). If USCIS discovers the divorce then they are compelled to terminate conditional residence. The reason they don't do this very often is because the first time they find out about the divorce is usually when they receive the I-751 with the waiver request.

True, but even if the USC informs them about divorce prior to the removal of conditions, its the local ICE policy to terminate conditional residence and issue a NTA. Again all done on case by case basis, the USCIS is aware of the tendency that the USC informs them about divorce along with hurtful accusations. If all these where taken at face value, more that half of the divorced population would be issued a NTA.

[amnyc86 1]

When I spoke w/ the Imm Officer at the airport via telephone, she reported that he had told her that I am waiting outside w/ divorce papers, and that we had been seperated. I am not sure why she said that; is it b/c that's what he told her, or that they assumed. She and another officer did specify that he has 30 days to return w/ proof that he is married to a USC. In this situation what would be HIS next obvious step?

I had spoken to someone who is a bit more familiar w/ imm proceedings. He also was unsure why they would have stopped him just b/c of the OP, as the OP was not active prior to him getting served. He also agreed as many of you have had your doubts that the GC and passport was confiscated solely on the basis that he was getting a divorce, or had an OP. Again both of these papers were not viable as they were NOT served to him at that point. I told the officer this, when he contacted me, while he was being detained.

I suppose this is a unique situation for which there won't be any true answers. Like I wrote before, this is not ploy to remove him out of the US, rather I just want him away from me. I am thinking about my own safety. He was a terrible husband to me, and more than often a very selfish and a crude man. But if the US gov't feels that he should remain here, then he shall, as long as he won't be a lazy snake, w/ no shame to live off a hardworking woman's paycheck, especially when he is aware that I am living off this paycheck to the next. Having a small home is no joke, and the responsibilities are never-ending. Something perhaps he will never understand.

Please keep me in your thoughts as I return to court again this week. I am hoping that I get my OP maintained, he signs the divorce papers, and gets out of my life for good!

Thank you all, and will keep you posted.

[3600rs 24]

When I spoke w/ the Imm Officer at the airport via telephone, she reported that he had told her that I am waiting outside w/ divorce papers, and that we had been seperated. I am not sure why she said that; is it b/c that's what he told her, or that they assumed. She and another officer did specify that he has 30 days to return w/ proof that he is married to a USC. In this situation what would be HIS next obvious step?

I had spoken to someone who is a bit more familiar w/ imm proceedings. He also was unsure why they would have stopped him just b/c of the OP, as the OP was not active prior to him getting served. He also agreed as many of you have had your doubts that the GC and passport was confiscated solely on the basis that he was getting a divorce, or had an OP. Again both of these papers were not viable as they were NOT served to him at that point. I told the officer this, when he contacted me, while he was being detained.

I suppose this is a unique situation for which there won't be any true answers. Like I wrote before, this is not ploy to remove him out of the US, rather I just want him away from me. I am thinking about my own safety. He was a terrible husband to me, and more than often a very selfish and a crude man. But if the US gov't feels that he should remain here, then he shall, as long as he won't be a lazy snake, w/ no shame to live off a hardworking woman's paycheck, especially when he is aware that I am living off this paycheck to the next. Having a small home is no joke, and the responsibilities are never-ending. Something perhaps he will never understand.

Please keep me in your thoughts as I return to court again this week. I am hoping that I get my OP maintained, he signs the divorce papers, and gets out of my life for good!

Thank you all, and will keep you posted.

The US Attorney General is responsible for his immigration, its not your problem. Get restraining order, a clean divorce and move on. Your situation is not unique, its common for a USC to feel cheated and used.

And beware, more you try to contact immigration about his status, the more safer he gets, you will look like an sour annoying fishwife at the end. Throw dirt on someone and your hands get soiled. Your future applications will be deeply scrutinized the more you ask about his status. Every inquiry is recorded.

He will be deported for fraud if evidence exists. BTW his laziness, crudeness, shameless, snake-like attitude does not mean fraud. Surprisingly, you never noticed all this before your hero became zero.

[amnyc86 1]

3600rs: When I said that this is a unique situation, what I meant that all this happened via the airport, not that no other USC has not been in my situation.

Actually, to be honest, the way he changed after marriage was an absolute shock. His statements, his rudeness, just his whole way of being I certainly did NOT anticipate. I wouldn't have gotten into a marriage w/ a man who could have been the way he was if he showed me his aggressive side at all. I guess that was the problem. I didn't get to know him in the real light. But in a way that was difficult due to the distance. Anyway, that chapter is over, and closed.

And I never implied that his behavior is fraudulent. Like I said, my concern is my safety and well-being.

3600rs, do you suggest that I write anything to any of the offices? Now that they already started their investigation, is there any point for me to even inform them in a letter of what is happening. My thinking is that these offices(ICE, USCIS) are all connected right, and would be in the know about each other.

Well, anyone please chime in w/ recommendations....

Thanks!