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Possible divorce while I-751 pending

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Guys,

I am one of the few unfortunate people that get kicked in the rear by the USC as they think they are the reason we are here. My dilemma is that I jointly filed for my ROC at VSC in early February '11 and am waiting for my approval desperately. Recently my wife and I separated but we still meet and try to resolve our issues but its not looking good anymore... I am going to UK for a short trip and she wants to come along but I can't take her since its business oriented. She is threatening to divorce me if I dont take her. My question is if I leave for UK and my ROC is not approved in the meantime can she file for divorce and have it finalized and before I come if she reports me, is there a possibility that I won't be allowed to re-enter the US.

Also, if she files for divorce and I try to delay it as much as I can and in the meantime if my ROC gets approved would that affect my naturalization ofcourse after 3 more years?

Any input would be great.

Thanks

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Filed: IR-1/CR-1 Visa Country: Pakistan
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Guys,

I am one of the few unfortunate people that get kicked in the rear by the USC as they think they are the reason we are here. My dilemma is that I jointly filed for my ROC at VSC in early February '11 and am waiting for my approval desperately. Recently my wife and I separated but we still meet and try to resolve our issues but its not looking good anymore... I am going to UK for a short trip and she wants to come along but I can't take her since its business oriented. She is threatening to divorce me if I dont take her. My question is if I leave for UK and my ROC is not approved in the meantime can she file for divorce and have it finalized and before I come if she reports me, is there a possibility that I won't be allowed to re-enter the US.

Also, if she files for divorce and I try to delay it as much as I can and in the meantime if my ROC gets approved would that affect my naturalization ofcourse after 3 more years?

Any input would be great.

Thanks

I can't answer the issue of your ROC but look into your states guidelines on divorce and how long it takes to finalize etc...here in NC you are legally required to be separated for a year before the final judgment but that said...if she files while youre gone im not sure if it goes into the legal system that fast or not...check your states requirements for divorce.


10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

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Filed: Citizen (apr) Country: Australia
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It depends on your state laws. Usually you at least need to sign, or she needs to make a good effort to alert you to the divorce. It's unlikely she can do anything without you knowing about it but yes it's possible.

I find it odd you're so against her going to the UK (there are options, your work doesn't own the country and can't prevent her from going) but I also find it odd that she would threaten divorce over it which makes me think she thinks you're cheating on her. If you're sincerely trying to repair the marriage you should talk about this more. If she's being irrational there's nothing you can do, but you should also try and compromise.

I went back to Aus for family reasons. I would have had Tony come with me in a heart beat if he didn't have work (and a house to buy for us). If I had to go overseas on business I would be asking my boss what down time we had and arranging for him to come as well (if he wanted to). He could do stuff while I'm working, and we could spend time together in the evenings. I would also book the flights (if I could) to arrive on a w/end and leave on a w/end so that we had whole days together... Of course it's also important to know that it's pretty expensive in the UK so she should look at that as well.

Anyway that's my 2 cents. i wouldn't be too worried about going and her filing divorce BUT you are technically breaching the terms of your GC by no longer being married and I know of one woman that served her husband with divorce papers at the airport and he was detained by ICE then and there. That shouldn't stop you from living your life but you should know there IS a chance it won't end well. Your only other choice is to file for divorce yourself, and file ROC based on divorce before you leave. That way you've covered your bases.

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Filed: Country: China
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I find it odd you're so against her going to the UK (there are options, your work doesn't own the country and can't prevent her from going) but I also find it odd that she would threaten divorce over it which makes me think she thinks you're cheating on her. If you're sincerely trying to repair the marriage you should talk about this more. If she's being irrational there's nothing you can do, but you should also try and compromise.

RBTL, it sounds more like this guy has a woman (prolly from his culture) in UK and is just trying to get his citizenship ASAP (and simultaneous divorce) so that he can petition his "real wife".


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RBTL, it sounds more like this guy has a woman (prolly from his culture) in UK and is just trying to get his citizenship ASAP (and simultaneous divorce) so that he can petition his "real wife".

Been working in immigration long enough to know that you cannot petition for a "wife" for 5 years if you received your green card thru marriage.

I hope no one goes thru what I am going thru, I have no issues taking her to UK but my issue is whether she wants to come with me because she loves me or is it to see UK. I already purchased her ticket and everything but I am afraid I will have to waste it because No one would want to create memories for life with someone who doesnt want to be with them for love

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Filed: IR-1/CR-1 Visa Country: China
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i think you should take her with you. use video recorder on all.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Citizen (apr) Country: Australia
Timeline
I am one of the few unfortunate people that get kicked in the rear by the USC as they think they are the reason we are here.

I just noticed this part... She IS the reason you're here. She's the one that petitioned you. She's the one that AOS'd you. She's the one you came here to marry... but this wording makes me think you used her for immigration purposes and that she isn't the reason you came here.

Been working in immigration long enough to know that you cannot petition for a "wife" for 5 years if you received your green card thru marriage.

Maybe you should get a new job... I'm not going to outline where you're wrong because some people might use it to "use" a USC but you are wrong. It's not as hard as it should be and happens more often than it should.

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I just noticed this part... She IS the reason you're here. She's the one that petitioned you. She's the one that AOS'd you. She's the one you came here to marry... but this wording makes me think you used her for immigration purposes and that she isn't the reason you came here.

Maybe you should get a new job... I'm not going to outline where you're wrong because some people might use it to "use" a USC but you are wrong. It's not as hard as it should be and happens more often than it should.

No she's not the reason I'm here. I came as an international student. I finished my studies was on H1 work visa... everything was great before we got married and realized that for her it was not love but greed for money and material things. She never had a job nor finished her school. In simple words it was arranged marriage. ....

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Filed: IR-1/CR-1 Visa Country: China
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you are muslim? consider to move to Malaysia, bring her with you, find another wife and job there. (No, I'm not teasing)


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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