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ShawnSpiker

She don't want to divorce me or even sign the paper, I don't know what to do! [merged threads]

By ShawnSpiker in Effects of Major Family Changes on Immigration Benefits

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ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
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Hi all.

me and my wife (my wife being the american) agreed on a  separation. Well she is the one that wanted to do this and addressed me with it. Things haven't been going as smoothly as they should have for a little while now. I came here on the k1 visa and received my 2 year green card but that is about to run out within the next month. 

So basically I am here for advice on my situation.
 

1) will i have to be removed from the country after this 2 year green card runs out?

2) what steps do I need to take the steps to remove the condition without divorce?

We are in PA, We are christian, I am from Lebanon, we try to fix our marriage but we are still separated and don't talk at all.

I want to be clear that there is no divorce as of yet. but as of right now she does not want to let me in to repair our marriage either. I love my wife and i do not want it to end in divorce. I am addressing this subject because i know the current 2 years green card is ready to expire. I want to know what to do if my wife still wants to be separated but not divorced by the time this paperwork for the 10 year green-card needs to be submitted.

3) what if she don't want to sign the paper? What if she sign the paper but did not show for interview if we have any?
4) she accuse me a lot of stuff as being controlling and abusing? Should I file hardship?
 

Please if you went through that let me know, i would be very very grateful.

5) is it a good idea to hire a lawyer?
 

Thank you so much in advance.

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mindthegap Experienced

mindthegap   2,537

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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Posted (edited)
5 hours ago, ShawnSpiker said:

1) will i have to be removed from the country after this 2 year green card runs out?

 0

No.

 

5 hours ago, ShawnSpiker said:

2) what steps do I need to take the steps to remove the condition without divorce?

 0

 

File jointly - if she is prepared to.

 

5 hours ago, ShawnSpiker said:

3) what if she don't want to sign the paper? What if she sign the paper but did not show for interview if we have any?

 0

You would have to file solo, and then add a divorce waiver.

If you were to file jointly and then at a later time she either withdraws her support and/or fails to attend an interview (if called to one - not everybody is) then you will need a divorce waiver too (see here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf )

 

5 hours ago, ShawnSpiker said:

4) she accuse me a lot of stuff as being controlling and abusing? Should I file hardship?

 0

Two separate questions there?

Unless convicted of something, it makes no difference to anything - an accusation is just an accusation and doesn't prove anything.

If she had been abusive to you then you would potentially have the abuse waiver option available to you.

 

As for the hardship waiver, if you feel you meet the requirements to demonstrate it, then that option is available to you.

 

Note: All waivers still require the same evidence of bona-fide-ness.

 

5 hours ago, ShawnSpiker said:

5) is it a good idea to hire a lawyer?

 0

No-one can decide that but you.

My personal approach is to do so If you like wasting money, and in my experience, there are two kinds of lawyers - good ones, and cheap ones.

 

For a simple I-751 case, with or without a divorce waiver, it is pretty easy to do yourself, and no shortage of advice online for $0/hr. You can always add a lawyer at a later date should things get complicated or go wrong.

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
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Posted
8 hours ago, mindthegap said:

No.

 

 

File jointly - if she is prepared to.

 

You would have to file solo, and then add a divorce waiver.

If you were to file jointly and then at a later time she either withdraws her support and/or fails to attend an interview (if called to one - not everybody is) then you will need a divorce waiver too (see here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf )

 

Two separate questions there?

Unless convicted of something, it makes no difference to anything - an accusation is just an accusation and doesn't prove anything.

If she had been abusive to you then you would potentially have the abuse waiver option available to you.

 

As for the hardship waiver, if you feel you meet the requirements to demonstrate it, then that option is available to you.

 

Note: All waivers still require the same evidence of bona-fide-ness.

 

No-one can decide that but you.

My personal approach is to do so If you like wasting money, and in my experience, there are two kinds of lawyers - good ones, and cheap ones.

 

For a simple I-751 case, with or without a divorce waiver, it is pretty easy to do yourself, and no shortage of advice online for $0/hr. You can always add a lawyer at a later date should things get complicated or go wrong.

 

Thank you so much 

Do you know. How do I prove that my wife was abusive when there is no any evidence!
How can I prove the hardship either?

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
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Posted

Hi
How can I prove the hardship for Form I 751?

me and my wife (my wife being the american) agreed on a  separation. Well she is the one that wanted to do this and addressed me with it. Things haven't been going as smoothly as they should have for a little while now. I came here on the k1 visa and received my 2 year green card but that is about to run out within the next month. 

So basically I am here for advice on my situation.
Thanks

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
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Posted

what could I do if I got the denial for my Green Card?
what should I do in the immigration court? What should I do! How can I stay in America!

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
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  • Author
Posted

Hi, me and my wife (my wife being the american) agreed on a  separation. Well she is the one that wanted to do this and addressed me with it. Things haven't been going as smoothly as they should have for a little while now. I came here on the k1 visa and received my 2 year green card but that is about to run out within the next month. 

So basically I am here for advice on my situation.
She don't want to divorce me or even sign the paper, I don't know what to do!
Did anyone have advice?
Thanks in advance

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  • TBoneTX changed the title to She don't want to divorce me or even sign the paper, I don't know what to do! [merged threads]
TBoneTX Grand Master

TBoneTX   43,253

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted (edited)

Three threads have been merged.  Please post further questions in this thread only -- avoid starting more new ones.

 

Combined thread is moved from Removing Conditions to the Effects of Major Changes forum.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX Grand Master

TBoneTX   43,253

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Filed: Citizen (apr) Country: Ecuador
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Posted (edited)

A fourth thread has been merged into this master thread.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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