Wife leaves and attempts to file divorce

[JVM 0]

In Sept we were denied the green card, I filed motion to reconsider/reopen, but before the motion was heard wife left me, moved out, and said she was filing for divorce. We won the motion and a conditional green card was given to her. She has cut all communications with me and has attempted to file a divorce on me. What should I do. She is still on the conditional green card.

[Kathryn41 3,205]

post advocating illegal action and thus violating TOS has been removed.

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moderator's hat off . . .

The green card is hers. If it is in your possession your best advice is to forward it to her. She is allowed to remain in the US for 2 years but she will need to file to remove conditions on her 2 year status. She can file and request a waiver from the joint filing conditions but she still needs to provide documentary evidence to prove that the marriage was entered into in good faith. If she is unable to prove this, then her petition will be denied. If you withhold the card from her, then she may feel she has grounds to claim abuse and may experience more 'leniency' when it comes time to remove conditions.

If she has her green card and wishes to file for divorce there isn't much more you can do except go along with the divorce. Unfortunately, it won't end your sponsorship requirement. If you have concerns - and possibly evidence - that she used you for a green card, then you can notify ICE of your suspicions (include evidence if you have it) and ask that they place this information in her file. It will then be there for review during her petition to remove conditions.

If you believe that the marriage was entered into in good faith on both parts and it just failed, then it is in your best interest to help her move quickly through the immigration process. Once she becomes a citizen that cancels out the affidavit of support.

Edited March 16, 2011 by Kathryn41

[don2008 0]

I didnt realize there was a law against throwing out some one eles mail if it comes to your house. I do it eveyday when when i get mail addressed to someone other than my family. I know its illeagal to open it but its not my job to figure out what to do with it so the trash is where it goes. Like i said, trash it and let her figure it all out. She figured out how to file for divorce so im sure she can figure it out.

[K and L 27]

To me, it sounds like she was using you for the green card. Granted, I don't know what else was going on, but the timing is suspicious, and I suspect the fact that she said she was going to divorce you before the conditional green card was actually approved (between denial and the hearing) is something that, if USCIS had known, they would not have approved of it.

[jons_wifey 19]

post advocating illegal action and thus violating TOS has been removed.

~~~~~~~~~~~~~~~~~~~~

moderator's hat off . . .

The green card is hers. If it is in your possession your best advice is to forward it to her. She is allowed to remain in the US for 2 years but she will need to file to remove conditions on her 2 year status. She can file and request a waiver from the joint filing conditions but she still needs to provide documentary evidence to prove that the marriage was entered into in good faith. If she is unable to prove this, then her petition will be denied. If you withhold the card from her, then she may feel she has grounds to claim abuse and may experience more 'leniency' when it comes time to remove conditions.

If she has her green card and wishes to file for divorce there isn't much more you can do except go along with the divorce. Unfortunately, it won't end your sponsorship requirement. If you have concerns - and possibly evidence - that she used you for a green card, then you can notify ICE of your suspicions (include evidence if you have it) and ask that they place this information in her file. It will then be there for review during her petition to remove conditions.

If you believe that the marriage was entered into in good faith on both parts and it just failed, then it is in your best interest to help her move quickly through the immigration process. Once she becomes a citizen that cancels out the affidavit of support.

"Unfortunately, it won't end your sponsorship requirement"

I think this is wrong. I thought that once the divorce is final, the sponsor no longer has to support financially!?!?!?

[Kathryn41 3,205]

"Unfortunately, it won't end your sponsorship requirement"

I think this is wrong. I thought that once the divorce is final, the sponsor no longer has to support financially!?!?!?

No, unfortunately, divorce does not end the financial contract signed by the sponsor with the US government to ensure that the immigrant is not a financial burden on the taxpayers. The Affidavit of Support is finished only when one of the following happens:

1) the sponsor dies

2) the immigrant dies

3) the immigrant earns 40 quarters of insurable income (usually 10 years, although the immigrant can count the US spouse's income towards those 40 quarters so that equals a minimum of 5 years)

4) the immigrant permanently leaves the US and is no longer an LPR

5) the immigrant becomes a US citizen.

Even if you get divorced, the sponsor is still held liable to the Affidavit of Support, a contract he/she signed with the Government and not with the immigrant.

The issue of financially supporting the immigrant on a daily basis is something that needs to be addressed during any divorce discussion and addressed by the divorce decree and is a separate issue from the Affidavit of Support.

Edited March 16, 2011 by Kathryn41

[Captain Hammer 113]

Correct on both major points: it's a federal crime to open, destroy, or hold someone else's USPS mail. And yes, unfortunately the affidavit of support is still fully in effect. It's definitely time to lawyer up and see what amicable terms you can come to with her. It's a tough situation, I wish you the best of luck!

[Deputy Purple 1,294]

I know its illegal to open it but its not my job to figure out what to do with it so the trash is where it goes. Like i said, trash it and let her figure it all out.

Unless it was sent bulk or media rate postage most items can be returned to the original sender. Just write "Not at Address - Return to sender" on the envelope, preferably in red ink, and put it in your mail box.

Of course junk mail or anything that has printed Bulk postage (not to be confused with printed First Class Postage) on it can be thrown in the trash.

[Captain Hammer 113]

Like i said, trash it and let her figure it all out. She figured out how to file for divorce so im sure she can figure it out.

Setting aside legal issues, this could really backfire. She's almost certain to have a lawyer, it's eventually going to come out that the green card was sent out, and although claiming "I never saw it" might keep the OP out of jail, it will most certainly create a hostile negotiating situation when it comes time to settling the divorce, including making it very expensive for the OP.

Whether she was a green card scammer or not really isn't the point. Whatever happened in the past, she's now in the country legally, throwing her green card away isn't going to change that. Best to move forward professionally, and try to salvage whatever can be salvaged. Pissing her and her lawyer off is only going to exacerbate the situation, making an unfavorable settlement for the OP more likely.

[JVM 0]

I am not so concerned about the divorce. I can handle that. She has the conditional green card I gave it to her. She can have hre divorce. I can show her intent was to use me to get the green card, immigration already suspects her for that, that is why we were denied. I faught the immigration becasue of my disibility and that is why they granted the green card, not becasuse of her and immigration's thought about her.

If I notify immigration of these facts I believe they will investigate her and deport her.

[Captain Hammer 113]

Best of luck to you JVM, this is a really tough situation.

[Aztec&Taino 144]

"Unfortunately, it won't end your sponsorship requirement"

I think this is wrong. I thought that once the divorce is final, the sponsor no longer has to support financially!?!?!?

You are incorrect. You better take a close look at the affidavit of support you are filing or have filed because divorce DOES NOT end the sponsorship obligation.

[Aztec&Taino 144]

I am not so concerned about the divorce. I can handle that. She has the conditional green card I gave it to her. She can have hre divorce. I can show her intent was to use me to get the green card, immigration already suspects her for that, that is why we were denied. I faught the immigration becasue of my disibility and that is why they granted the green card, not becasuse of her and immigration's thought about her.

If I notify immigration of these facts I believe they will investigate her and deport her.

You did not grant her the conditional permanent residence. USCIS did. I am glad you did give her the card if it was in your posession as it is hers.

[JVM 0]

You did not grant her the conditional permanent residence. USCIS did. I am glad you did give her the card if it was in your posession as it is hers.

Let me clear this up. It was becasuse of my actions with immigration the green card was issued and mailed to me. I gave it to her. She has it, not me.

I do know how to handle this. I just wanted others take on what to do. I can myself cause much problems for her.

[Shenzhen 34]

I didnt realize there was a law against throwing out some one eles mail if it comes to your house. I do it eveyday when when i get mail addressed to someone other than my family. I know its illeagal to open it but its not my job to figure out what to do with it so the trash is where it goes. Like i said, trash it and let her figure it all out. She figured out how to file for divorce so im sure she can figure it out.

You should be putting it back in your mail box the postal delivery person will know what to do with it. That's really not cool.

Edited March 16, 2011 by Shenzhen