need advise

[kevin@anna 7]

hello all,a friend needs help and we are seaking help from vj members.this couple filed k1 visa.married,and file the aos.now when the time comes to file the i-751 this husband wants nothing to do with it.this women doesnt have anything just a marriage certificate,pic,medical card.they are still living together.can or should she attempt to file i-751 on her own(sounds like he wants her to go back home)if he doesnt attend she will be denied is that correct?what if she moved out now and filed for divorce?this is just so odd for me as this couple seem to get along very well the past 2 years as a couple.i am aware there may be more to this than i know.thanks for all advise

[Anh map 2,098]

She can divorce and then file for removal of conditions on her own. The spouse isn't needed.

[JimVaPhuong 4,863]

She can file the I-751 on her own. She'd need to request a waiver of the joint filing requirement. She can ask for a waiver based on divorce. She needs to file for the divorce first. She'll eventually need the divorce decree before her removal of conditions will be approved. Even if she doesn't get the divorce decree in time, she absolutely must file the I-751 in the 90 days before her conditional green card expires. Removal proceedings begin automatically when the green card expires if she hasn't filed the I-751. They'll send an RFE for the divorce decree later.

She'll have to prove she entered the marriage in good faith, which means evidence that they lived like a married couple at least during the first part of the marriage. It doesn't sound like she has sufficient evidence of this. A few pictures and a medical insurance card is definitely not enough.

[kevin@anna 7]

she has no access to checking account/credit cards or any financial info over the past 2 years.its like this guy knows what hes doing.he is currently online speaking to other women.should she be better off asking for flight home or fight this?

[JimVaPhuong 4,863]

she has no access to checking account/credit cards or any financial info over the past 2 years.its like this guy knows what hes doing.he is currently online speaking to other women.should she be better off asking for flight home or fight this?

Fight what? There's nothing to fight. She can't force him to cooperate with her removal of conditions. If he believes the marriage is failing then he's correct not to cooperate. By jointly filing the I-751 he's stating that the marriage is intact when, in his mind, it might not be.

Is she from the Philippines?

[Kathryn41 3,205]

She can request tax transcripts on her own as he would probably have filed taxes jointly in order to receive the tax benefits. Each party of a jointly filed tax return is allowed to request transcripts.

How does she buy things - or does she? Does she have a credit card or bank card on his account? Does she have a driver's license or state identification card showing the shared address? Does she receive mail addressed to her at their address - even if it is junk mail? She can also get affidavits from friends - statements that they know this married couple for xxx years and that they believe they are/were a truly married couple (or were during the time they were together). Do they live in a rented or owned home? If rented, then the landlord can give a statement that she is also living at that address with her husband. She should search through any files he has in the house to find references to her - for example, if she has a credit card on his account, the credit card statements will show spending by each card. If she deposits a pay cheque to his owned account she can find the bank statements showing the deposit and then get a matching statement from whomever issued her the cheque to show it is hers. It is much more difficult if he isn't willing to co-operate but she needs to file the I-751 and try and obtain any other documentation she can now before she ends up moving out of the home they share together. She can file with the waiver request before the divorce is final but she will eventually need to submit the divorce document. She should also include a letter of explanation for why she doesn't have a lot of evidence - that while she and her husband married in good faith, he kept control of all of the finances and household expenses and did not share them with her.

Good luck to her.

[Giskat09 2]

She can file on her own but she needs to prove that she has her own income so that she wont be a burden. Her husband must be an idiot. Leave him then file for divorce.

Then gather all the documents such as your pending divorce docs, proof of income, tax returns.. if he will not give you the documents, better get a lawyer if u have a friend --- ask for help.

Hope everything will turn okay.

[Brother Hesekiel 2,235]

She can file on her own but she needs to prove that she has her own income so that she wont be a burden.

That must be a new requirement.

[Kathryn41 3,205]

That must be a new requirement.

It is not a new requirement. It is not a requirement at all. Even divorced her husband is still contracted to the Government to ensure she doesn't become a burden on US taxpayers. That means that if she obtains means-tested benefits he may be required to repay them to the government. There is no requirement for her to have her own source of income if she gets divorced, although for her own best interest she would want to have one - whether it is through alimony or through employment. That would be addressed through family law, though, not immigration law. The Affidavit of Support is still in effect even if one is filing the I-751 with a waiver from the joint filing requirement.

Edited August 14, 2011 by Kathryn41

[JimVaPhuong 4,863]

It is not a new requirement. It is not a requirement at all. Even divorced her husband is still contracted to the Government to ensure she doesn't become a burden on US taxpayers. That means that if she obtains means-tested benefits he may be required to repay them to the government. There is no requirement for her to have her own source of income if she gets divorced, although for her own best interest she would want to have one - whether it is through alimony or through employment. That would be addressed through family law, though, not immigration law. The Affidavit of Support is still in effect even if one is filing the I-751 with a waiver from the joint filing requirement.

All true, but she won't be eligible for most means tested benefits for another three years. Family courts very rarely order alimony anymore, and spousal support is unusual in a marriage of short duration. The family court will almost certainly expect her to support herself. I suppose she could try to sue on the basis of the affidavit of support. That sometimes works.

[kevin@anna 7]

i have the update here.early this year her husband secretly filed for divorce without her knowledge.he was automatically awarded divorce without her even knowing nothig.heres the present.she signed a prenup so she gets nothing.she did get divorce papers and moved out of husbands home.she is set to file i-751 on her own with what she has,including divorce decree.i do believe she has enough evidence.now,she is staying with her friends around and she will hunt for a job.i told her to go to the county and file for medical,welfare,and food stamps to get her by.i know they will set her up with med/dental/vision and some food stamps but will likely be denied welfare.(no children)as kathryn was saying will the state go after the ex?i also found out this is and was his 4th divorce tahnks kevin

[VanessaTony 3,567]

i have the update here.early this year her husband secretly filed for divorce without her knowledge.he was automatically awarded divorce without her even knowing nothig.heres the present.she signed a prenup so she gets nothing.she did get divorce papers and moved out of husbands home.she is set to file i-751 on her own with what she has,including divorce decree.i do believe she has enough evidence.now,she is staying with her friends around and she will hunt for a job.i told her to go to the county and file for medical,welfare,and food stamps to get her by.i know they will set her up with med/dental/vision and some food stamps but will likely be denied welfare.(no children)as kathryn was saying will the state go after the ex?i also found out this is and was his 4th divorce tahnks kevin

She isn't eligible for food stamps etc until she's been an LPR for 5 years and if she claims them then then they will go after him.

I don't know how he got a divorce without her knowing about it. Maybe it's a state thing. Either way she doesn't need him to file the I-751.

[JimVaPhuong 4,863]

i have the update here.early this year her husband secretly filed for divorce without her knowledge.he was automatically awarded divorce without her even knowing nothig.heres the present.she signed a prenup so she gets nothing.she did get divorce papers and moved out of husbands home.she is set to file i-751 on her own with what she has,including divorce decree.i do believe she has enough evidence.now,she is staying with her friends around and she will hunt for a job.i told her to go to the county and file for medical,welfare,and food stamps to get her by.i know they will set her up with med/dental/vision and some food stamps but will likely be denied welfare.(no children)as kathryn was saying will the state go after the ex?i also found out this is and was his 4th divorce tahnks kevin

I agree with Vanessa. She's not going to get welfare or food stamps. She's not eligible, and won't be until she's been an LPR for five years.

I also think she's jerking your chain about getting divorced without knowing about it. In most states, the only way to get a divorce without your spouse knowing about it would be to claim abandonment, and then serve notice by publication (e.g., by publishing an announcement in a newspaper). The minimum period of abandonment varies from one state to another, but six months to a year is common. Nobody would wait this long if they knew where their spouse was because you can hire a process server to deliver the papers and eliminate the wait. It would be ludicrous to serve notice by publication when your estranged spouse is still living in your house.

I don't know all the facts here, but I'm getting a creepy feeling. This guy might have been wise to get her to sign a prenup.