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

[SmallTownPA 71]

Not going to spill my beans on a public forum.

<Soapbox>

It's funny that you judge me based on protecting my life/family (do you know if I have kids? are my parents healthy? do I have a good job? what kind of debt do I have?) and hold up my wife like she is a Saint and has done no wrong. Marriage takes two people, right? What if the divorce goes sour or she gets 'tips' from 'friends' and drags this out? Are you going to pay the messy divorce bills for me? No? Why not?

</soapbox>

I HOPE that we just part ways, fairly. But if not I'm ready to nuke her from orbit... it's the only way to be sure.

Edited November 1, 2015 by SmallTownPA

[JohnR! 5,495]

IMHO there are two separate issues, and you need to look at them separately; because at this point they are no longer connected:

1 - If your marriage is not working, talk to her about getting a divorce, and depending on how litigious you perceive she might want to be, get a lawyer or not. If you don't have kids together, or property, and both are in agreement, chances are you can file for divorce yourself and be done with the marriage without much complication.

2 - ROC - even if you divorce her, she can file for ROC on her own. She won't need you to file, and if you're divorced, she is no longer your concern, other than the I-864, but you knew that when you signed it, so no surprise there.

If the marriage is over, get a divorce, go live your life and let her live hers. Marriages fail all the time.

Good luck!

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.

[FabtheFab 67]

Honestly, your story doesn't matter. I'm not against you. I am all for you protecting your assets and yourself from this divorce.

I have been through a costly and long divorce before myself. However, given how the US immigration system works, there isn't much you can do to stop her from staying legally if she really wants to.

Other than all the money wasted on my divorce, the one valuable lesson I learned from it was that I had to let go.

Focus on getting a good divorce settlement for yourself. Worrying about stopping her from staying in the US legally is mostly a waste of your time and energy.

[SmallTownPA 71]

But legally its not that simple is it? Yes I would like to just divorce and move on... but I want a backup plan to protect myself.

And I still have that I-864 over my head until she loses LPR. I may have an irrational fear of it but like I said, PLAN A is an uncomplicated divorce where we both move on. PLAN B is not nice (I admit it) but honestly, what other option do I have? I have no protection from the 864 OR if she want to claim support/alimoney (even though she has significant assets abroad).

Its not like I'm going to shove the LPR issue in her face, but I do want an ace in the hole if things start getting out of hand. It may be mean, but avoiding a messy divorce is more important than being a dupe.

[Anh map 2,098]

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.

My advice is spend your energy on something productive. You don't hold the hammer here. This is not a rare occurrence. If your spouse is intent on staying, it's likely she will. There are no immigration police squads out there following up on these things. She can divorce you and then proceed with the immigration issues.

As I said, it's survivable.

[SmallTownPA 71]

Honestly, your story doesn't matter. I'm not against you. I am all for you protecting your assets and yourself from this divorce.

I have been through a costly and long divorce before myself. However, given how the US immigration system works, there isn't much you can do to stop her from staying legally if she really wants to.

Other than all the money wasted on my divorce, the one valuable lesson I learned from it was that I had to let go.

Focus on getting a good divorce settlement for yourself. Worrying about stopping her from staying in the US legally is mostly a waste of your time and energy.

Without LRP her ability to 'came at me' is severly diminished. And the only way I can curtail her LRP is by denying her the I-751 signature.

Without LRP or a waiver for a 751 (I don't see how she could qualify) she would be out of status and to show up in a courtroom would not end well for her.

I hope that we part ways without any fuss... but I don't love this woman, and we are not a family anymore. She gave up that priviledge once she 'turned off' towards me.

I'm not talking ethics here... I'm talking divorce... time and money are on the line and protecting my money/time is more important than a woman's ego or feelings. She may have no problem dragging me through the mud (I hope not, I did nothing to deserve it).. so why should I not prepare for the worst, but hope for the best?

[Boiler 43,788]

But legally its not that simple is it? Yes I would like to just divorce and move on... but I want a backup plan to protect myself.

And I still have that I-864 over my head until she loses LPR. I may have an irrational fear of it but like I said, PLAN A is an uncomplicated divorce where we both move on. PLAN B is not nice (I admit it) but honestly, what other option do I have? I have no protection from the 864 OR if she want to claim support/alimoney (even though she has significant assets abroad).

Its not like I'm going to shove the LPR issue in her face, but I do want an ace in the hole if things start getting out of hand. It may be mean, but avoiding a messy divorce is more important than being a dupe.

Her immigration issues are hers not yours. Well apart from the I 864.

There is nothing you can do and as you have been repeatedly told she can remove condition herself once the divorce is complete.

A vindictive spouse delaying matters has no practical impact.

Without LRP her ability to 'came at me' is severely diminished. And the only way I can curtail her LRP is by denying her the I-751 signature.

Without LRP or a waiver for a 751 (I don't see how she could qualify) she would be out of status and to show up in a courtroom would not end well for her.

Divorce is handled by Family Courts, not Immigration Courts.

[SmallTownPA 71]

My advice is spend your energy on something productive. You don't hold the hammer here. This is not a rare occurrence. If your spouse is intent on staying, it's likely she will. There are no immigration police squads out there following up on these things. She can divorce you and then proceed with the immigration issues.

As I said, it's survivable.

Right now I DON'T want to divorce. Divorce opens up the way to a waiver.

[Boiler 43,788]

Right now I DON'T want to divorce. Divorce opens up the way to a waiver.

All you can do is delay the waiver.

[SmallTownPA 71]

There is nothing you can do and as you have been repeatedly told she can remove condition herself once the divorce is complete.

Please explain... if there is no divorce (again, I DON'T WANT TO DIVORCE in order to get the 751 rejected) how can she remove conditions?

No one has answered that question.. they just repeat the statement.

If we are still married, and I do not sign the I-751 she is NOT eledgible for the waivers. How can she remove conditions at that point?

[Boiler 43,788]

Please explain... if there is no divorce (again, I DON'T WANT TO DIVORCE in order to get the 751 rejected) how can she remove conditions?

No one has answered that question.. they just repeat the statement.

If we are still married, and I do not sign the I-751 she is NOT eledgible for the waivers. How can she remove conditions at that point?

?????????????????????????

You think you can block her divorcing you?

[Transborderwife 4,666]

?????????????????????????

You think you can block her divorcing you?

Exactly. And she can show up at divorce court without fear of deportation. They don't check her status at the door.

[Anh map 2,098]

The I-864 is a contract binding you to repay any income based benefits that she may use. It has been rarely been successfully used in divorce court as a lever to gain support. And, if I recall correctly, it was only to make up an income shortfall to get the sponsored spouse up to the poverty line. If she's working, it's unlikely the 864 comes into play.

As far as the other aspects of your finances, that's not a part of immigration. Family court isn't going to enforce immigration law. And the immigration "threat" won't help you in family court. I'd bet on the judge not looking favorably on the course of action you've got planned.

If you do an online search you will find many results. She can proceed for the waiver without you. It may be difficult for her, but you will not be a party to any of the proceedings.

An amicable dissolution is always the best way. Hopefully you can work it out and go your separate ways.

[acgmph 42]

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

[Shauna&Wael 211]

Right now I DON'T want to divorce. Divorce opens up the way to a waiver.

How can you not see that it sounds like you're stamping your feet and throwing a temper tantrum? I can honestly see why this woman can't stand you