No divorce decree yet

[What Happened? 4]

My husband's application to lift conditions is due in Nov. His GC expires in Feb. I left him last year and several months ago he began pressuring me to divorce him. I was willing to still file for lifting conditions with him and gave him the application and the small amt of proof that we had, but he wanted me to divorce him instead. I told him that if he'd rather divorce in order to file on his own rather than apply together, then he needed to file for divorce himself.

So he filed for a divorce. He has very little evidence of good faith marriage because he argued with me about everything under the sun. So, I wasn't able to get him to understand that we needed joint bank accts, that he also needed to sign the lease, and that we needed to file taxes together. I couldn't get him to do any of these things with me. The divorce was recently filed and will not be finalized before his greencard is set to expire. I understand that he can apply for a waiver in order to file to lift conditions without me, but doesn't he still need to demonstrate a good faith marriage?

He also never kept USCIS updated with his address, after we separated. He has been using my parents address when he applies for banking accounts, he has given my parents address as his address to his employer, as well as credit applications. An officer even came to my parents home looking for him so that he could serve him with child support papers. He skip-traced him to that address. He has also had his family send packages to my parent's home with my name on it. I am concerned that he will try to say that we were both living at my parents home since we didn't have a lease with both of our signatures on it from our rental condo.

Does USCIS find out about divorce filings which take place before the 2 year mark and how does that affect lifting conditions? How do they find out? Will anyone visit my parent's home to see if he actually lives there, if he hasn't corrected his address and has been using that address? I think he created a bigger mess for himself by divorcing but I am wondering what the masses think and know.

Thanks

[scotty2009 13]

I personally don't know anyone who has had a home visit from a USCIS officer. Sorry not much help from me.

[JimVaPhuong 4,863]

He can submit an I-751 requesting the joint filing waiver based on divorce. If the divorce decree isn't included then he'll get an RFE for the decree whenever USCIS gets around to adjudicating the I-751, which could be months later. If he still doesn't have the decree, and fails to respond to the RFE, then they'll deny the I-751 and probably send a notice of intent to begin removal proceedings. If he gets the divorce decree before the NOI expires then he can send it, along with a motion to reopen. If it gets as far as immigration court then he can ask the judge to stay the proceedings while he waits for the final divorce. The judge will usually grant this request.

It would be very unusual for USCIS or ICE to conduct a home visit when someone is filing to remove conditions with a request for a divorce waiver. Those type of visits are more common when someone is filing jointly with their spouse and USCIS suspects a sham marriage.

[What Happened? 4]

Thank you. Doesn't he still need to demonstrate good faith marriage even if filing on his own. We never had a joint bank account, no jointly signed lease, no taxes filed together, no insurance together, etc.

[trillium13 84]

Sounds like he may have screwed himself.

[VanessaTony 3,567]

Thank you. Doesn't he still need to demonstrate good faith marriage even if filing on his own. We never had a joint bank account, no jointly signed lease, no taxes filed together, no insurance together, etc.

Yes he does. Divorce him and be done with it. Joint filing would be a lie because you aren't together. If he goes home that's his fault BUT be safe because you don't want a false abuse claim once he finds out he's screwed.

[What Happened? 4]

Yes he does. Divorce him and be done with it. Joint filing would be a lie because you aren't together. If he goes home that's his fault BUT be safe because you don't want a false abuse claim once he finds out he's screwed.

I am also afraid that he may do exactly as you've said....pull the abuse card on me. He has already tried to set up the abuse scenario by turning to my parents and telling them I abused him.

Trust me I've learned many lessons from this entire experience..........

[trillium13 84]

Sounds like you should probably not have any contact with him. If you do, never do it alone! If you suspect he may try to say you abused him, don't ever put yourself in a situation where it's your word against his.

Even if he does try to claim this, the fact remains that he has to prove good faith marriage to remove conditions.

[What Happened? 4]

Sounds like you should probably not have any contact with him. If you do, never do it alone! If you suspect he may try to say you abused him, don't ever put yourself in a situation where it's your word against his.

Even if he does try to claim this, the fact remains that he has to prove good faith marriage to remove conditions.

He never fully participated in married life so I had to take care of everything. Since I had two abdominal surgeries in a six month period of time, there was a long period of time where I could not work and I needed him to help me with some very basic things, like carrying groceries. He wouldn't even do that for me. Just wanted to watch soccer and catholic TV all day and night. He told me that I was not going to turn him into my slave. Now I am a hard working young lady, always have been, but had a period of unemployment. He doesn't want to have to budget anything and wants to be able to buy what ever he wants when he wants to, but didn't want to have to work. So after he told me I was treating him like a slave and then ran to my parents trying to tell them that I abused him, and considering all of the other horrible behaviors that I tried my best to work through, I decided to stop being his chauffer, secretary, chef, lover, stopped washing his clothes, turned off the cable and told him that when our landlord sold the condo I was getting my own place. Because last time I checked slaves weren't able to sit around watching soccer all day and being served and serviced all day.....at least that's not what I learned about my history but maybe a Nigerian knows slave history better than an "African" American since the people of his tribe are the ones who sold their own people into slavery. Sound bitter? Maybe a little but I know the role I played in this all and have moved on.

I don't trust him so I am never anywhere alone with him, I don't answer his texts or phone calls and let them go to voice mail where I can reply to only calls that deal specifically with our daughter and that is it.

I have been living a good life and I treat people the way I would like to be treated. I have better things to do in life........thank GOD.

Thank you everyone for your insight and information

[Fandango 1,439]

I am also afraid that he may do exactly as you've said....pull the abuse card on me. He has already tried to set up the abuse scenario by turning to my parents and telling them I abused him.

Trust me I've learned many lessons from this entire experience..........

If that's the case, why were you willing to help him lift conditions? You do know that would have been fraud, yes?

[What Happened? 4]

If that's the case, why were you willing to help him lift conditions? You do know that would have been fraud, yes?

I was willing to help him lift conditions because I know and he knows that I've never done anything to him. We also have a 2 year old daughter, so my interest is in not having her father deported. No it would not have been fraud because I had no intention of lying about anything. According to a USCIS memo from 2009 that I read on their website a couple who is still married but the marriage is not viable is not cause to begin removal proceeding on its own. Neither is not living together. As I stated earlier, I was willing to submit the evidence that we did have together. Which would have been a lease I signed, a lease he eventually signed (but no lease signed together), pictures, birth certificate, and affidavits if he could get them. But instead he chose to divorce which has also lead to a custody battle and he has tried saying that he wants to withdraw the dissolution filing. It's too late now, because now I'm not willing to help him with anything. I'm done with him, I don't even want to look him dead in the eye for fear that flames might shoot out of my eyeballs and fry him.

So no there would have been no fraud involved. Now he can file alone and play his fate with time. Either way it happened, my filing with him or his filing alone he has an uphill battle all because it was almost impossible to get him to do the things we needed to prove goodfaith marriage. Now he can also add to the list divorce before 2 years.

[Fandango 1,439]

Filing jointly when the marriage is no longer viable is fraud. You are not together; it's misrepresentation at best and outright fraud at worst.

He's doing the only thing he can to be able to remove conditions on his own. What I don't understand is you were initially going to help him (for your daughter's sake) but now, since he filed for divorce, you are unwilling? What happened to your interest in not having your daughter's father deported?

[What Happened? 4]

Wrong. It is not fraud. It would be fraud if I walked into the interview and pretended we were still living together and ran out and started opening accounts with him just so that the proof was there. That would be fraud. I didn't plan on lying about anything. To present them with a lease one signed by me and a different one signed by him shows that we were living at a particular address at a particular span of time. Many marriages have difficult times and they separate and get back together. As I said I read several memos from USCIS referring to not necessarily denying the application to lift conditions just because the two people do not live together and things are not working out at that time but are still legally married. I think I know what fraud is and what it isn't. Maybe if you search the USCIS website you can read the memo yourself. There would have been no fraud here.

For him to try to divorce me and claim that I abused him and then tell me he is only doing it to stay in the country , is fraud as well as slander. Marrying to evade immigration laws, is fraud. Falsifying documents to obtain a passport, is fraud. Go lecture him about what fraud is and have a nice day.

[james&olya 1,121]

Wrong. It is not fraud. It would be fraud if I walked into the interview and pretended we were still living together and ran out and started opening accounts with him just so that the proof was there. That would be fraud. I didn't plan on lying about anything. To present them with a lease one signed by me and a different one signed by him shows that we were living at a particular address at a particular span of time. Many marriages have difficult times and they separate and get back together. As I said I read several memos from USCIS referring to not necessarily denying the application to lift conditions just because the two people do not live together and things are not working out at that time but are still legally married. I think I know what fraud is and what it isn't. Maybe if you search the USCIS website you can read the memo yourself. There would have been no fraud here.

For him to try to divorce me and claim that I abused him and then tell me he is only doing it to stay in the country , is fraud as well as slander. Marrying to evade immigration laws, is fraud. Falsifying documents to obtain a passport, is fraud. Go lecture him about what fraud is and have a nice day.

Well said!

Good luck to you. I hope justice prevails!

[Fandango 1,439]

Wrong. It is not fraud. It would be fraud if I walked into the interview and pretended we were still living together and ran out and started opening accounts with him just so that the proof was there. That would be fraud. I didn't plan on lying about anything. To present them with a lease one signed by me and a different one signed by him shows that we were living at a particular address at a particular span of time. Many marriages have difficult times and they separate and get back together. As I said I read several memos from USCIS referring to not necessarily denying the application to lift conditions just because the two people do not live together and things are not working out at that time but are still legally married. I think I know what fraud is and what it isn't. Maybe if you search the USCIS website you can read the memo yourself. There would have been no fraud here.

For him to try to divorce me and claim that I abused him and then tell me he is only doing it to stay in the country , is fraud as well as slander. Marrying to evade immigration laws, is fraud. Falsifying documents to obtain a passport, is fraud. Go lecture him about what fraud is and have a nice day.

My point is, wrt to filing a joint petition, you would only be 'helpful' if you would not mention the separation/pending divorce. Otherwise, he needs a waiver to remove conditions on his own. You telling them the truth that you no longer live together, are separated, and headed for divorce would only result in him getting an RFE asking the final divorce decree. Basically, you being truthful would render you impotent and superfluous to the whole process. So, the only way you could 'help' him in any official capacity would be by lying. Which would be fraud. Do you see what I'm saying?

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf. (end of page 2/beginning of page 3)

I suppose you could help by signing a notarized statement attesting to the fact that your marriage was bona fide, although judging from your last paragraph, I don't think that would be entirely truthful.

In an unofficial capacity, you could help by giving him the documents that you have. Or not, since you've changed your mind since he filed for divorce.

I realize this may seem pedantic for you, and I'm sorry you seem to be getting defensive/offended by my posts.... but at the end of the day, things need to be clarified here when they can for the sake of keeping the information here as accurate as possible.

Btw, I'm sorry you're going through this

Edited October 28, 2011 by Anita Cocktail