Will divorce wife soon wish to withdraw the i751 petition that removes conditional residence any chance she can defend her case

[pushbrk 12,081]

Some of these posts are getting far off track from how things actually work. If he withdraws from the joint petition that petition cannot be approved, whether he has evidence of her unfaithfulness or not. She then is left to file the petition on her own, with the burden of proof being on HER to show positively that she DID ENTER the marriage in good faith. Sure, he can provide what HE thinks is evidence she did not enter the marriage in good faith but evidence of adultery alone or the marriage ending in divorce are not sufficient, in and of themselves to doom her petition. Even bona fide marriages are plagued with adultery and end in divorce for various reasons.

This forum is to discuss legitimate immigration issues and how to deal with them. USCIS, will be the "judge" in these matters.

[redvelvet 12]

If you can prove that she deceived you, why not file for an annulment? If the judge believes that she entered the marriage fraudulently, she could get deported.

[mtcmk1 37]

Alright guys, Here is what the letter I will forward look like.

To Whom It May Concern:

The purpose for this letter is to request that the applicant’s I-751 form be withdrawn.

The reason for my decision is based on confirmed infidelity dating back from the arrival of the applicant and throughout the relationship while residing in the United States. Since the beginning of her arrival she made drastic changes, became very outgoing and secrete with her private life.

The applicant confessed this December of 2012 a series of lies that backed up the suspicions ranging from concealed affairs to traveling without my consent. (5 day work related trip to Texas turned out to be a 2 day training work related event in Texas and a 3 day stay with friends at a resort in Mexico).

We are currently not living together, I moved to the state of New Jersey in August, 2012.

I have attempted to resolve our differences and even proposed her to move in with me to New Jersey to get a fresh start. The applicant ignored my proposal and continued her promiscuous life. Given the aftermath of the situation I came to the conclusion that I will be filing for a divorce within a few weeks and no longer would support in anyway her conditional residence and would like to withdraw her I-751 form and as a final point end the visa process.

I will like to know if everything I wrote is proven to hold true how would this affect her conditional residence, and is there anything she will be able to do to perhaps reapply or get a work sponsor visa. (I-751 was submitted in June and has not been processed)

Thank you.

Say "secretive" instead of "secrete"--and remove some of the lines such as "traveling without my consent" and the part about the whole business trip. Explain that you have attached proofs of her infidelity since the beginning. She can go ahead and file the I-751. However, in the letter, state that as a soon-to-be ex-husband of hers, you have removed your financial and emotional support.

Edited December 28, 2012 by mtcmk1

[Juliet and Steve 93]

If you can prove that she deceived you, why not file for an annulment? If the judge believes that she entered the marriage fraudulently, she could get deported.

Redvelvet you are thinking like a Filipino, which is natural, probably because you are, but the reality is that while annulment may still be applicable if one wants to involve the Catholic church when in America it no longer (not that I know anyway) particularly applicable in divorce. In RP a person must get an annulment to end a marriage. This is not the case in America.

State law rules not Federal law, so each state is different. Most states adopt "irreconcilable differences," and in most states infidelity really doesn't matter (of course it does, but the law doesn't care--there are irreconcilable differences so end it). However OP is in New Jersey and NJ does grant divorce on the basis of proven infidelity. (See: http://www.iandoliedens.com/CM/Articles/Grounds-For-Divorce-New-Jersey.html) For him, in his state, that may be the best route to divorce and the safest as proven infidelity is less apt to leave him owing her support.

It's seems clear to me that the OP feels wronged and feels that he's been used. If he has proof I hope that it can be presented and if the other person entered the US "using" him with no intention of a true marriage I hope that person gets booted.

If this is the case OP, then do what you can to objectively prove your case to USCIS then I suggest you divorce ASAP using a lawyer, even if you feel that you can do it yourself because if you end up paying support your anger will grow exponentially.

If your scenario is as you say I would add that you clearly picked the wrong woman. The specific reason that I went looking for a relationship in RP (Repbublic of Philippines) is that few women ever cheat. In fact there are only three countries on earth that have such low level of infidelity, they are Philippines, Ghana and Tibet. (See: Translation of Lust (a book that looks at infidelity versus culture, internationally). In Ghana if a woman cheats, they often are killed. So to me that leaves two countries where women (broadly speaking, of course there are exceptions) simply are not inclined to cheat.

I wish you luck OP, do what you must, walk away, forget and then as time passes perhaps you might want to spend some time in the future in RP.

Note: For those who do not know, though Filipino women are amongst the most loyal on earth, Filipino men are not, it's as simple as that.

[Fight for Love 98]

oh no...i hate sad sorry. but to be honest boo your a bit tooooo late you did sign those paper and there's nothing you could do is to move on.

you had a similar situation with my friend before. she trying to cancel too. she even went to USCIS office to beg the officer who's handling their case too bad there's no way to do so. anyhow they still end up married up to now lol they had 2 wonderful children..i guess this is just part of life. goodluck for u!!!

[Gosia & Tito 199]

Alright guys, Here is what the letter I will forward look like.

To Whom It May Concern:

The purpose for this letter is to request that the applicant’s I-751 form be withdrawn.

The reason for my decision is based on confirmed infidelity dating back from the arrival of the applicant and throughout the relationship while residing in the United States. Since the beginning of her arrival she made drastic changes, became very outgoing and secrete with her private life.

The applicant confessed this December of 2012 a series of lies that backed up the suspicions ranging from concealed affairs to traveling without my consent. (5 day work related trip to Texas turned out to be a 2 day training work related event in Texas and a 3 day stay with friends at a resort in Mexico).

We are currently not living together, I moved to the state of New Jersey in August, 2012.

I have attempted to resolve our differences and even proposed her to move in with me to New Jersey to get a fresh start. The applicant ignored my proposal and continued her promiscuous life. Given the aftermath of the situation I came to the conclusion that I will be filing for a divorce within a few weeks and no longer would support in anyway her conditional residence and would like to withdraw her I-751 form and as a final point end the visa process.

I will like to know if everything I wrote is proven to hold true how would this affect her conditional residence, and is there anything she will be able to do to perhaps reapply or get a work sponsor visa. (I-751 was submitted in June and has not been processed)

Thank you.

Besides what others have advised, I'd say to stick to the facts. Remove all opinions from letter, and just note facts. Then, add proof of those facts. That should be the closing of the immigration side; then protect your assets (cancel joint accounts, credit cards, etc) and seek an attorney for divorce and move on with your life. Don't give her another thought, not worth it. Focus on yourself and your life.

The sooner you put all this behind the better for you. Yes, it sucks, but you do have the rest of your life ahead of you, and without her dragging you down.

Good luck

[jaycali 415]

OP: If she did use you for immigration purposes and cheated on you in what you believed to be a legitimate marriage, I am truly sorry for your situation, and wish you all the best. In addition, I do hope she gets put on a plane home.

Do write the USCIS to notify then that you plan to withdraw your joint I-751.

Beyond that however, unless you have proof of her entering the marriage for immigration proposes, your energy is better spent treating this a divorce rather than an immigration issue.

There are waivers to the joint filing requirement of the i-751; either for death, abuse or divorce. The latter two are in place so that battered spouses can't be held hostage, or that bitter exes can't hold leverage over the immigrant - "if you leave me I'll tell immigration on you" kind of thing. I've seen plenty of threads on this forum amounting to "I want a divorce, how do I get my husband/wife deported?" This happens all too often, the USCIS knows it, and they will not take your word for it alone. I understand, especially if she was cheating, that you don't want her reaping the benefits you sowed for her, but understand that her immigration status is based on the circumstances of which your marriage was entered into, not on how it progressed and ultimately ended.

Proving that she cheated is one thing, proving that she married you solely for a green card is quite another. Do you have anything in writing suggesting she married you for a green card? Or that she cheated on you before coming to the US? Without this, write the letter, file for divorce and move on with your life. Her immigration status will be out of your hands, and rather a matter of her satisfying the USCIS that your marriage was entered into in good faith.

[bigdog 376]

Good Luck with this mess.

[travelfairy 22]

You need a divorce lawyer first, and an immigration lawyer second. But by far, it's more important that you deal with the divorce lawyer.

Not sure though how there should be an issue of 'consent' regarding traveling. Once you're an adult, you're free to do as you please. I travel to Europe several times a year for business and I send my DH an email with the information so he can plan around it.

[patient2010 93]

Sorry to hear this.......

[johna1 4]

Hey Buddy,

your letter is not going to do you any good. You are just wasting your energy and time with this. Regardless of your effort, she will get her green card. If this person is very devious as you make it sound, she knows her ways to get around. Stop Wasting your energy and spent your energy on something else. There is no possible way to stop her from getting green card. However, there are exceptions to the rule.

1. you have to confess, and prove that this was a sham marriage. I bet you won't have any proof for this. You are civilly married, you lived under the same roof for some time. you may had the joint account, etc.. You will be in trouble if you confess!!!!

Let's say you decide to withdraw your petition I-751. She can file it with a Waiver, stating that it was a bonafide marriage. All she needs is a few affidavits, and pictures, marriage certificate, etc...

Or Worst come to Worst, she can file a waiver saying that you are an abuser. It can be mentally, physically, financially. It does not take a whole a lot for her to go to court and apply for a Protection From Abuse. Women always rule. Unfortunately, Courts hands this out like Candy now these days. Welcome to Living in America. I would say be careful of your actions. This women can hurt you if you are not careful with your actions.

AND By the Way, you are obligated to look after her financially since you are supposed to by the law until this person becomes a Citizen (If she becomes a state liability). These kind of Situations are very bitter when you come to the bottom of it. Be careful!!! I couldn't emphasize this more

Edited December 28, 2012 by johna1

[amuna0526 11]

Hi,

Your wife as many have stated can still go on with the petition without you unfortunately. I'm sorry you are going through this.

[amuna0526 11]

But you also say that your wife was like this to begin with, excuse me for saying this but why even bother with jointly filling out the I-751 anyways?

[ndu26 114]

are we saying that a spouse can just walk out of the home with his/her luggage and travel without the other person being made aware and its ok ? pls lets all be realistic unless I am from another world. While 'consent' may not be the right word to use but posting here that everyone is an adult and free to do as they please is fantasy in a marriage even a good one. I hope none of us will find fault if we woke up one day or came home to find our spouse has traveled to another state for a trip without our knowledge cos if we do then we are hypocrites.

This is a sad story cos i hate when marriages break up. I wish OP wisdom as he decides.

[Karee 4,189]

are we saying that a spouse can just walk out of the home with his/her luggage and travel without the other person being made aware and its ok ? pls lets all be realistic unless I am from another world. While 'consent' may not be the right word to use but posting here that everyone is an adult and free to do as they please is fantasy in a marriage even a good one. I hope none of us will find fault if we woke up one day or came home to find our spouse has traveled to another state for a trip without our knowledge cos if we do then we are hypocrites.

This is a sad story cos i hate when marriages break up. I wish OP wisdom as he decides.

As sad as it may seem, it really has nothing to do with immigration.