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

[Alaska2012 462]

She must have burnt you bad for you to get this vindictive!

Did you guys know each other well before getting married?

[Jawaree 717]

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.

Dude let it be, you say its not fraud , chalk it up as a bad experience & move on

leave the immigration part alone....yes you are on the hook for affidavit, but ask

yourself ...is my wife the type that wont apply for naturalization as soon as she

can , and is she the type that would not work? I say divorce & move in,,,God

forbid you get ill, or gets in a bind later down the road & she says ...hmmmm I

think I''ll give a helping hand even-though we could not get along as husband &

wife....man if the thing was legit, just walk away

[Jamaican_Gooner 36]

This post is disappointing, if there was no fraud and the marriage fell through then just move on, do your soon to be ex a solid and sign the i-751 or if divorce proceedings have started just move on. no need to be bitter or try to save something that isn't meant to be

[JohnR! 5,495]

Alas, it is. If both of you are in agreement that the marriage has failed, either one can go online, to your local state website, and download the forms you need fill out and sign to get the divorce proceedings started. If both are in agreement, it is a simple DIY process, no different than the one you went through filing for a K-1 visa, perhaps simpler still.

Legally, as you are already married, the only protection you have is a prenup, if one was signed; otherwise, you're bound by the divorce laws of the state where you live. The I-864 still binds you to the US government, divorce or no divorce.

The issue is not as big as you are making it, nor are your evasive measures as easy as you wish to believe. It's not a judgment call, so much as a call for commons sense and decency towards your spouse. If it gets ugly, get a lawyer and then bring your argument before a court of law.

By contrast, you can stay married to her and not sign for her ROC, and she still will be able to file herself, in which case, I'm sure she will be advised to seek legal counsel, who will most likely advise her to start divorce proceedings.

It is clear the entire play is in your hands.

Good luck, whatever your decision.

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.

Edited November 2, 2015 by JohnR!

[Deagle 494]

You are talking alot about yourself that not divorcing her till next year and whatsoever. But, what if she divorced you before that? You can do nothing about it. She will file with a divorce waiver, good faith marriage and she will win most likely since you admitted its a good faith marriage and no fraud.

[Advanced Aardvark 82]

It sounds like you and the wife might benefit from a second horny-moon. Think about what made you so excited and hopeful about the future just a year and a half ago. Isn't it worth some marriage counseling and some quality time alone to try and restore your relationship?

Brides-to-be who leave everything behind and come to a new country are quite brave. They risk everything to make a new life. The culture shock can be significant. Take a deep breath and think about how you would react to immersion in a new culture. Surely, your emotional rubber band has some more stretch!

Every pencil I have shows wear on the eraser. I make mistakes and endeavor to correct them. What do your pencil erasers look like?

[harisinam 0]

I would advise you talk to her and see how the divorce would more comfortable for both of you. Who put what in a marriage is a matter of an opinion that belongs to the party. I am not saying you are right or wrong there. But if you want her not be a burden on you, why dont get assurity from her that she wont put all the costs on you, and get her to sign a no objection letter on her own will and get it notorised. It wont help much legally but relationships work on trust both at the start and the end. I would just ask you to think with a cool mind there is no need to be aggressive Its aggression from her that you fear and i am sure any person is smart enough avoid unessary burden or mess from people they were once so closed to. As far as your hint of troubled times go, i would advise not to divorce as under stress people generally go through a lot and adding divorce will just go nasty on both of you.

[NancyNguyen 1,657]

Mean dude is long gone everyone!

[mallafri76 1,012]

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.

I'll keep my opinions about what kind of "man" I think you are to myself but here's a thought, your wife can file for divorce from YOU. Even though you're planning on not filing for divorce and not helping your wife with removal of conditions, that doesn't mean she can't file for divorce from you and remove conditions on her own by proving that the marriage was entered in good faith and has now failed. I wish your wife all the best.

[IcezMan_IcezLady 582]

Based on OP's initial post, it looks like OP would love to work on his marriage but feels that his spouse is not doing enough to make it work.

Well, how about you get some marriage counseling with her?

Looks like everything OP is doing is a retaliation to the fact that he believes his spouse is not willing to do her part to work things out.

I don't know what your issues are but sometimes for some people, the moment you hurt them to a certain point, it gets difficult for them to look at you the same way. When your spouse cannot look at you the same way she did at the beginning of the relationship, it will take a lot more effort from you to make things right, if divorce doesn't come early.

Divorce hasn't been filed yet so there's still hope. So instead of all these back up plans you are seeking, put that efforts into gaining her back.

Marriage takes two that is, when all things been equal..sometimes one partner has to give his 100% and some to makeup for the other partner to bring them to the point where they want to give 100%.

It is not too late...

Good luck

[Pitaya 2,576]

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~Post constructively, or do NOT post.~

Pitaya

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[EM_VisaJ_2015 1]

OP you're in a bad marriage trying to punish your spouse is nothing else but vindictive. You claim the possibility of a costly divorce but insist you plan on staying married and refusing to sign the 751 this has vindication written all over it. The waiver was made for people like you who intentionally refuse to sign a joint 751 with no evidence of fraud. I hope your poor wife is educated enough to know her rights. I am a successful waiver filer and I DID not have my wife's signature. Your options; Divorce and move on, provide proof of fraud, or work on your marriage period, the other stuff is purely pathetic.

[TBoneTX 43,340]

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[Skholls 2]

Marriages are like a roller coaster, and you always commit for the long ride, however if that ride get too much and you are not able to tolerate the bumps and swings along the rails. Then it's an option for you to get off that ride. Learn from it with no regrets and move on...Life is a journey!!!

[oceanborn 33]

A little late to the game, but just to add my two cents here ~

My wife was much the same, towards the end. Threats to "prevent" the divorce, to "ship me" back home, that "nobody" wanted me here. I was in despair until I decided to actually educate myself, and seek the consultation of an experienced immigration lawyer.

You cannot block your wife from divorcing you if she so chooses. You cannot block your wife from removing conditions based on a divorce waiver (marriage _entered into_ on good faith). When you made the decision to sign the affidavit of support, you (should have been, anyway) aware of what exactly it was that you were signing.

It sounds like you can either choose to work on the marriage together, or divorce her / let her divorce you and move on with your life. Once she naturalizes as a US Citizen, that "burden" of the affidavit will be lifted from you.