I don't want spouse to get 10year GC.. options?

[SmallTownPA 71]

Hello all,

I am married and spouse is on 2 year Conditional GC (August 2016 is the exp. date). The marriage has failed and divorce is on the horizon. There was no fraud, but my wife just didn't put much effort into the union, and and always maintained a 'backup plan' (never sold her house/car in her country, her kid does not want to come to the US).

So as I see it my BEST option is to simply STAY MARRIED for the next year and just don't sign the I-751 or go to the interview? If I divorce then she will have access to waivers relating to single filing due to divorce. USCIS web site:

You may request a waiver of the joint petitioning requirements if:

• Your deportation or removal would result in extreme hardship Nope, she's got a house, car and cash back home

• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition NOPE, we would still be married.

• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition NOPE.

At the back of my mind is the I-864 support and if she has a LPR status.

If she will agree to simply sign the divorce and leave that is PLAN A, but PLAN B is deny her LPR and hope that she gets the message to go back home.

[Boiler 43,754]

You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition NOPE, we would still be married.

She can file by herself and basically they put everything on hold until the divorce is final, so she should have no trouble removing conditions.

I still have property back in the UK, no children but just because a parent migrates no reason for the child to do so.

[bowens44 213]

So basically she came here in good faith and the marriage isnt working out so now you want to punish her??? Really?? Sorry but IMO that is really cold.

[HK12 273]

Your post really makes me cringe. Your wife can't just be shipped back to her home country like some cattle, just because YOU want to. It is unfortunate that the marriage has fallen apart, but since you yourself say that there was no fraud involved, she will still be able to remove conditions by herself with a waiver. She what Boiler said.

[SmallTownPA 71]

Wow, way to start the personal attacks.

PROTECTING myself from a long and costly divorce is a smart move DON'T YOU THINK??? Her being from another country means little to me. As a male the divorce system is not in our favor. If she were a USC I would have pre-nupted... but pre-nupt's can't stop the government from acting against me.

If any of you holyier than thou posters have and advice I'm all ears.

Edited November 1, 2015 by SmallTownPA

[SmallTownPA 71]

She can file by herself and basically they put everything on hold until the divorce is final, so she should have no trouble removing conditions.

I still have property back in the UK, no children but just because a parent migrates no reason for the child to do so.

How can she file without my signature/appearance?

You may request a waiver of the joint petitioning requirements if:

• Your deportation or removal would result in extreme hardship
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

Are I-751 waivers that easy to get? Why even require the USCs signature if it can simply be wiaved away?

[Boiler 43,754]

Are I-751 waivers that easy to get? Why even require the USCs signature if it can simply be waved away?

Very and I often wondered that myself. They do not always get interviewed.

[Boiler 43,754]

Wow, way to start the personal attacks.

PROTECTING myself from a long and costly divorce is a smart move DON'T YOU THINK??? Her being from another country means little to me. As a male the divorce system is not in our favor. If she were a USC I would have pre-nupted... but pre-nupt's can't stop the government from acting against me.

If any of you holyier than thou posters have and advice I'm all ears.

The divorce is a seperate issue and I do not see how this would impact.

You signed the I 864, now it is not common for that to be taken into account but certainly something her lawyer can throw in. She has a duty to mitigate and the I 864 is at minimum wage level.

What is holier than now about my comments?

[Anh map 2,098]

You cannot do anything without supplying evidence that fraud was committed. Some marriages work, some don't.

Divorce and move on. It can be painful but it's survivable.

[SmallTownPA 71]

Boiler, not specifically at you, but others (I was not going to quote the other responses).

This forum has lots of good info, but one reason I don't post often is the attacks/judgements that come from ppl like HK12 and bowens44.

[FabtheFab 67]

Well, if she can prove the marriage was bonafide like you're saying it was, there is no way you can stop her from removing her conditions if she wants to.

Why do you think that stopping her from getting a 10 year GC will make it easier to avoid a long and costly divorce? I don't see a direct relation between how your divorce will be handled by court and her immigration status. What I mean is, if she wants to make your life hard for divorcing her, it doesn't matter if her GC has been renewed or not. In fact, she could use your reluctance to renew it against you.

Edited November 1, 2015 by BRlove

[SmallTownPA 71]

You cannot do anything without supplying evidence that fraud was committed. Some marriages work, some don't.

Divorce and move on. It can be painful but it's survivable.

Do you have anything to back that up?

http://www.visajourney.com/forums/topic/334518-what-is-spouse-refused-to-sign-i751-but-sent-letter-of-support/?p=4956400

Seems to agree with me, not signing means removal of conditions is will be denied.. she is NOT eledgible for any of the stated waivers.

I don't want it to come to that, I would rather just part ways... but only a fool goes into a divorce without being ready for the worst.

[SmallTownPA 71]

Well, if she can prove the marriage was bonafide like you're saying it was, there is no way you can stop her from removing her conditions if she wants to.

Why do you think that stopping her from getting a 10 year GC will make it easier to avoid a long and costly divorce? I don't see a direct relation between how your divorce will be handled by court and her immigration status.

Based on what? If I do not sign the 751 they will deny it. She is not eledgible for a waiver.

Protecting myself from the POSSIBILITY of a long and costly divorce is a smart move. I hope we just part ways, but the USA is (in)famous for its rediciulous divorce settlements.

[gw68ad78 64]

Not being holier than thou but why should your divorce and spousal obligation be any different than if you were divorcing a USC? Life is short. If you're absolutely sure that your marriage is dead and there's no revival then suck it up, cut your losses and move on so you can put this chapter behind you. You don't want to drag this out and prevent you from looking to your future. Wasted years and bitterness is more costly than a few dollars...but yea man it's up to her whether she wants to stay.

[FabtheFab 67]

Based on what? If I do not sign the 751 they will deny it. She is not eledgible for a waiver.

Protecting myself from the POSSIBILITY of a long and costly divorce is a smart move. I hope we just part ways, but the USA is (in)famous for its rediciulous divorce settlements.

If she really wants to stay, she would probably apply for VAWA and not need your signature for the i-751. Since your relationship has been bonafide, there would be nothing you could do to stop her from staying legally.

That's why my humble opinion is that you probably should try to divorce her amicably, and forget about her immigration status. If she wants to stay, that's her problem.

Edited November 1, 2015 by BRlove