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bucknutt76

How is it possilbe?

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Hello everyone. I have a quick question here and I really don't know that rules on how this goes. Wife just received her green card about 3 weeks to a month ago. We got into a big argument over a guy that she had met and she went and stayed with him for 4 days. Long story short it still isn't ok. She is now staying with a friend of mine and doesn't want to work this out with me even though I told her I would do anything to work it with her. I know I haven't been as supportive as I could have been in the past and I should have been there for her more and I understand that now and I want to work on it but she doesn't want to. She also doesn't want to go back to England. She wants to stay here in the U.S. My question is how is that possible. I know she is speaking with a immigration lawyer but I was told that if our marriage didn't work she had to return to her country. She tells me that it will take 2-3 months for her to do what she needs to do to be able to stay but she cant sign divorce papers during that time and doesn't want me to file for it. Can anyone please tell me what she is planning to do and how this lawyer could make it to where she could stay. Im very confused and would really appreciate the help. Please if anyone knows whats going on here please enlighten me. Thank you very much.

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Sorry but she has her green card she can stay and you are on the hook with the I-864 papers you submitted. Nothing you can do about it now.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Hello everyone. I have a quick question here and I really don't know that rules on how this goes. Wife just received her green card about 3 weeks to a month ago. We got into a big argument over a guy that she had met and she went and stayed with him for 4 days. Long story short it still isn't ok. She is now staying with a friend of mine and doesn't want to work this out with me even though I told her I would do anything to work it with her. I know I haven't been as supportive as I could have been in the past and I should have been there for her more and I understand that now and I want to work on it but she doesn't want to. She also doesn't want to go back to England. She wants to stay here in the U.S. My question is how is that possible. I know she is speaking with a immigration lawyer but I was told that if our marriage didn't work she had to return to her country. She tells me that it will take 2-3 months for her to do what she needs to do to be able to stay but she cant sign divorce papers during that time and doesn't want me to file for it. Can anyone please tell me what she is planning to do and how this lawyer could make it to where she could stay. Im very confused and would really appreciate the help. Please if anyone knows whats going on here please enlighten me. Thank you very much.

What you was told is incorrect.

Once she has her green card in hand then she is a permanent resident until an immigration Judge decides otherwise.

She can file for divorce, have it finalized and then file form I-751, to remove the conditions without you-- she will still need to prove that the marriage was entered into in good faith per the I-751. This is of course assuming she has a 2 year, conditional GC-- if she doesn't then this step doesn't even apply.

Long story short, she is free to move on and not return to her country and I am sure that her attorney has said about the same.


Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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It is true she has the 2 year green card. So thats the only thing she has to do to be able to stay? Man I feel like I got screwed over on this one

I feel for you that it turned out this way. We all live and learn.


Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

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echo Vanessa. Do all in her list of instructions for you.

Hurry Hurry, Mr. Merry.

File On Monday.


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 !

2mzcunl.gif

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Yes and no.

The reason she wants you to wait to file for divorce is because then it looks REALLY bad that divorce was filed right after she got the greencard. It screams fraud so her ROC will be harder (harder to prove co-mingling and a genuine relationship if she split so soon). She doesn't need months, she wants those months so it looks like she "tried to make it work".

ALSO, she needs to file ROC as soon as the divorce is final. The longer you wait the more time she has to save money to file for ROC. She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE.

So my advice is this: File for divorce on Monday. Do not tell her and just have her served ASAP. Some people suggest a restraining order as well so she can't come and abuse you and act crazy or you'll call the police and have her arrested. She will probably try and fight the divorce but without much money she won't be able to do as much as she is probably planning (filing for support under the I-864 etc). Then once the divorce is final send a letter to USCIS letting them know with a copy of the divorce decree and perhaps a letter stating that she left you for someone else and while you wanted to work on the relationship she wasn't willing to (whatever the story is). You'll need her A# etc. They won't actually do anything except put it on her file.

Also, make sure you change the locks on the doors (she has moved out and therefore it is legal for you to do but double check with your lawyer). Make sure you take her name off any bills. Take her off any bank accounts (if possible) but if you can't (some won't let you without that persons permission) then change where your work pay is going (so she can't take it out). If she has an authorised card to your credit cards or anything like that shut them down. Some people suggest taking all of the money out of the joint accounts, some say don't. I personally would until your lawyer tells you whether you are obligated to leave it in there and if so then you can just put it all back (the withdraw/deposit will match so not a biggie).

Make a copy of any of the paperwork you have submitted (I-864, K1 stuff etc) and keep it in a safe place. This should have her information on it and might be useful one day (say you file for someone else you'll need to know some of her info).

You should file for divorce asap. Do not wait as she is suggesting. She has something planned and that's rarely a good thing. Oh, and never see her alone. If her ROC documents are weak she might try and claim she HAD to leave because you were abusive. So do NOT be alone with her. EVER. Until the divorce is final. Even then be VERY VERY wary.

**Edit - on re-reading your OP I thought I should warn you a little more.. the waiting 2-3 months to "do what she needs to do to be able to stay" could be:

- giving her more time to make it look like she tried

- filing for ROC based on abuse and that she HAD to leave you because you were abusive.

She is permitted to stay now she has the 2 year card (so 2-3 months to "do what she needs to do" is a lie so something else is planned) but divorce makes her in breach of the "marriage to USC" condition and so she needs to ROC immediately. So soon after getting the card looks suspicious so yeah... she's got something bad planned. Stop talking to her. Stop dealing with her except through your divorce attorney who you will see on Monday and who you will have file for divorce ASAP (same day if possible). Also, the person who files is able to set the grounds for divorce. To make life simpler I wouldn't make the divorce conditions difficult. just "this is the end. You owe me nothing I owe you nothing". She could be planning some big convoluted "divorced on grounds of abuse" thing if that's what your state permits.

Beyond the bolded text, I agree.

1) If a person has a 2-year GC, then simply divorcing their USC doesn't make them "deportable" this is none-sense. They are still permanent residents and have a right to file Form I-751 at ANY time after their divorce is finalized, up until their 2-year GC expires. This information is right there in the instructions to the form and the legal wording can easily be found online.

2) Divorce does not breach anything, other than her religious vows of "to death do us part" blah blah-- but the USCIS doesn't care about this. Furthermore, divorce doesn't mean that she has to file "immediately". Per the instructions to Form I-751, a person may file this form as *single* as soon as their divorce is final, there is no *need* to wait until the "90 day" window that those filing jointly are subjected to-- but there is nothing prohibiting a single person from also filing within in this window.


Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

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Beyond the bolded text, I agree.

1) If a person has a 2-year GC, then simply divorcing their USC doesn't make them "deportable" this is none-sense. They are still permanent residents and have a right to file Form I-751 at ANY time after their divorce is finalized, up until their 2-year GC expires. This information is right there in the instructions to the form and the legal wording can easily be found online.

2) Divorce does not breach anything, other than her religious vows of "to death do us part" blah blah-- but the USCIS doesn't care about this. Furthermore, divorce doesn't mean that she has to file "immediately". Per the instructions to Form I-751, a person may file this form as *single* as soon as their divorce is final, there is no *need* to wait until the "90 day" window that those filing jointly are subjected to-- but there is nothing prohibiting a single person from also filing within in this window.

Sorry but no you're wrong. There are many threads about this, including ones that have the INA sections that explain it. Technically you're right in that her GC doesn't automatically expire or anything once she's divorce BUT she MUST file ROC as soon as the divorce is final or if she runs into ICE (one dude was served divorce papers at the airport so ICE there locked him up to start deportation proceedings for breaching one of the the conditions of the GC) they will lock her in immigration jail and have her see an Immigration Judge who will either: 1. Deport her 2. Allow her to try and ROC.

Read this thread: http://www.visajourney.com/forums/topic/356156-divorce-for-a-battered-spouse/page__p__5219349__hl__divorced+ina__fromsearch__1#entry5219349 it should jump to the post that explains the INA stuff a little.

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"She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE", this information is COMPLETELY WRONG. The Immigration Law states the I-751 with a request that the joint filing requirement be waived can be filed file ANY TIME after granted the conditional resident status, following the divorce and before the conditional residency expires.

Edited by sandranj

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"She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE. This information is COMPLETELY WRONG. The Immigration Law states the I-751 with a request that the joint filing requirement be waived can be filed file ANY TIME after granted the conditional resident status following the divorce and before the conditional residency expires.

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Yes and no.

The reason she wants you to wait to file for divorce is because then it looks REALLY bad that divorce was filed right after she got the greencard. It screams fraud so her ROC will be harder (harder to prove co-mingling and a genuine relationship if she split so soon). She doesn't need months, she wants those months so it looks like she "tried to make it work".

ALSO, she needs to file ROC as soon as the divorce is final. The longer you wait the more time she has to save money to file for ROC. She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE.

So my advice is this: File for divorce on Monday. Do not tell her and just have her served ASAP. Some people suggest a restraining order as well so she can't come and abuse you and act crazy or you'll call the police and have her arrested. She will probably try and fight the divorce but without much money she won't be able to do as much as she is probably planning (filing for support under the I-864 etc). Then once the divorce is final send a letter to USCIS letting them know with a copy of the divorce decree and perhaps a letter stating that she left you for someone else and while you wanted to work on the relationship she wasn't willing to (whatever the story is). You'll need her A# etc. They won't actually do anything except put it on her file.

Also, make sure you change the locks on the doors (she has moved out and therefore it is legal for you to do but double check with your lawyer). Make sure you take her name off any bills. Take her off any bank accounts (if possible) but if you can't (some won't let you without that persons permission) then change where your work pay is going (so she can't take it out). If she has an authorised card to your credit cards or anything like that shut them down. Some people suggest taking all of the money out of the joint accounts, some say don't. I personally would until your lawyer tells you whether you are obligated to leave it in there and if so then you can just put it all back (the withdraw/deposit will match so not a biggie).

Make a copy of any of the paperwork you have submitted (I-864, K1 stuff etc) and keep it in a safe place. This should have her information on it and might be useful one day (say you file for someone else you'll need to know some of her info).

You should file for divorce asap. Do not wait as she is suggesting. She has something planned and that's rarely a good thing. Oh, and never see her alone. If her ROC documents are weak she might try and claim she HAD to leave because you were abusive. So do NOT be alone with her. EVER. Until the divorce is final. Even then be VERY VERY wary.

**Edit - on re-reading your OP I thought I should warn you a little more.. the waiting 2-3 months to "do what she needs to do to be able to stay" could be:

- giving her more time to make it look like she tried

- filing for ROC based on abuse and that she HAD to leave you because you were abusive.

She is permitted to stay now she has the 2 year card (so 2-3 months to "do what she needs to do" is a lie so something else is planned) but divorce makes her in breach of the "marriage to USC" condition and so she needs to ROC immediately. So soon after getting the card looks suspicious so yeah... she's got something bad planned. Stop talking to her. Stop dealing with her except through your divorce attorney who you will see on Monday and who you will have file for divorce ASAP (same day if possible). Also, the person who files is able to set the grounds for divorce. To make life simpler I wouldn't make the divorce conditions difficult. just "this is the end. You owe me nothing I owe you nothing". She could be planning some big convoluted "divorced on grounds of abuse" thing if that's what your state permits.

i hope the other guy she runs to his not USC because after this guy file a divorce she has the right to get married again and her spouse will file to petition her. because that exactly what happen to my brother's friend.

reading this horrible story sometimes freaking me out...anyways let the karma runs after her.. :bonk: :bonk: :bonk::devil:


The longer it takes to happen the more you'll appreciate it when it does!

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"She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE", this information is COMPLETELY WRONG. The Immigration Law states the I-751 with a request that the joint filing requirement be waived can be filed file ANY TIME after granted the conditional resident status, following the divorce and before the conditional residency expires.

Actually NO I'm not wrong. YOU are right in that they are ABLE to file for ROC at any time after divorce BUT they ARE in breach of the conditions of the GC, they ARE deportable if they run into ICE BEFORE they file for ROC.

So it's up to you. If you get divorced on a 2-year GC and then want to wait for the "window" please feel free. If you wanna test if I'm right give ICE a call and tell them "hey i'm on a conditional GC and i'm divorced. I live at XXX". See what happens.

Most importantly, read the link I posted above where Jim tells you what section of the INA to read.

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According to your timeline you lived together for about a year and were married for about 9 months. She also just AOSed. She already has enough to remove conditions on her own, she does not need to accuse you of anything under VAWA.

Unless she knew That Guy from before she met you, or you have some evidence of fraud, there is nothing you can do. There may be other reasons for her not wanting to divorce immediately - health insurance coverage comes to mind.

Wife just received her green card about 3 weeks to a month ago.


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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i hope the other guy she runs to his not USC because after this guy file a divorce she has the right to get married again and her spouse will file to petition her. because that exactly what happen to my brother's friend.

reading this horrible story sometimes freaking me out...anyways let the karma runs after her.. :devil:

Nope actually she can't. As she entered on a K1 visa she can ONLY stay in the US thanks to her petitioner (the OP). If she loses her GC she has to leave (it's one of the "fun" parts about the K1). Her "new guy" could file a visa for her but it wouldn't look great that she was deported, met her "new guy" while on a K1, and then filed a new visa petition through this guy. They would REALLY not trust her then.

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