Separating After I-751 submittal and Biometric testing

[GreatDane 366]

She should file for divorce and get a waiver. If she needs help getting out safely, because he is a threat, she should look into police helping with the move out, etc. and finding a safe place to go. Her safety is goal #1, not ease of immigration.

Also, you should know that USCIS has been on May/June 2016 applications since December 2016 - there hasn't been any significant process at CSC. If she filed in Feb 2017, it'll be much longer than 9 months of waiting unless conditions change. Right now, people are assuming 2 years of wait, at least. 

[EmilyW 1,236]

1 hour ago, geowrian said:

It's not a matter of being judgemental. Nobody's saying she's a bad person or something like that for enduring abuse. As others noted, she probably doesn't know her options or what to do next. But if she plans to remain in the marriage for the purpose of obtaining an immigration benefit, then that is fraud. What she went through and what she gave up doesn't change that. VJ's TOS does not permit anybody here to condone or instruct somebody how to commit fraud. The best thing for her is to realize that trying to continue with that plan is not to her benefit and may just be digging a deeper hole.

 

She needs to 1) get somewhere where she will be safe, 2) file for divorce, and 3) update her case to include a single filer waiver. She has a legal path available to her, and personally I think it's a safer option than continuing with the status quo and hoping things just work out.

 

VAWA covers this circumstance...no need to stay in a marriage for the purpose of obtaining immigration benefits. It's awful that some people take advantage of others like that and abuse any power / perceived power over others.

 

Some people make decisions to marry to get a green so they can work in the US and support their family overseas. I don't judge them for wanting the best for their children and other relatives, but it's still fraud and prohibited. Others do so for a (presumed) better life for their kids within the US. Why somebody does it doesn't change what it is.

Just quoting this because I'm a member of the Geowrian Fan Club and this is GREAT advice.

[Unlockable 7,309]

1 hour ago, Longingfor said:

My issue it that too many persons are quick to say immigration fraud and not offer a suggestion. I see this site as a place where advice is offered and persons are steered in the right direction. No good can come from saying fraud and then not offer the proper solution that is the problem i have with persons who offer nttn but quick to judge. It is like being in school and you answer a question and the teacher says you are wrong but offer not suggestion what is the point. No learning has taken place. We are here to teach and steer in the right not condemn.

Advice and solutions ARE being offered. Excellent advice at that. You have completely overlooked to advice that is given and only focusing on the fraud part so you can make a point.

 

If someone is doing something wrong why shouldn't they be informed? If you pick an apple from a tree that is on someone else's property that is theft. Just because you don't like that the word fraud is being used does not mean it is not accurate.

Edited August 10, 2017 by NuestraUnion

[EricInPS 6]

OP here. Thank you all for your learned responses. Being the neophyte that I am, I honestly didn't see the fraud angle as truly relevant here, but I do now, and I will do my best to convey these concerns to my friend. Hopefully, I can convince her of what steps are necessary for her to take. Unfortunately, I know that this will be a very difficult task. 

[Going through 5,668]

1 hour ago, EricInPS said:

OP here. Thank you all for your learned responses. Being the neophyte that I am, I honestly didn't see the fraud angle as truly relevant here, but I do now, and I will do my best to convey these concerns to my friend. Hopefully, I can convince her of what steps are necessary for her to take. Unfortunately, I know that this will be a very difficult task. 

Have her set up an account on VJ to ask any questions she might have?

[EricInPS 6]

I have set up this account to answer any questions that I may have. She is not terribly interested in exploring alternatives to her situation at the moment.

[Going through 5,668]

2 minutes ago, EricInPS said:

I have set up this account to answer any questions that I may have. She is not terribly interested in exploring alternatives to her situation at the moment.

You mean she's decided to knowingly commit fraud at this point?  Or you mean she's not interested in learning how to file on her own?

[Eric-Pris 1,602]

2 minutes ago, EricInPS said:

I have set up this account to answer any questions that I may have. She is not terribly interested in exploring alternatives to her situation at the moment.

Unfortunately, nothing will change for her, until she does something to change it.  It's like drug addiction, you can't make somebody stop if they don't want to.

[EricInPS 6]

Just now, Going through said:

You mean she's decided to knowingly commit fraud at this point?  Or you mean she's not interested in learning how to file on her own?

As odd as this sounds, she may not have enough life experience to even understand HOW she is committing fraud. It's going to take baby steps to guide her through the process of acceptance and on to separating, filing for divorce, and then re-filing the ROC paperwork. I will do my best to prevent her from committing any immigration fraud.

[C-ma'am 684]

**Post moved from ROC to Effects of Major Family Changes on Immigration Benefits, where similar topics are discussed

[Villanelle 4,121]

16 hours ago, EricInPS said:

 

Can I ask what is your relationship to her? And are you also male? Im thinking if you are and you are a close friend (non sexual) then perhaps taking a hardline approach with her. Tell her you simply can not continue the friendship if she stays in the abusive situation. If she has a submissive mind frame then a dominant person can manipulate her. You would be asserting dominance and manipulating her into doing something positive rather then an abusive person manipulating her in a negative way. 

 

I also suggest giving her the number for a DV hotline and let her speak to someone qualified. You are not a trauma consular, a professional can really make a difference as they are trained and know how to say what needs to be said in a way that is heard.

 

As for the fraud angle, yes, its true. If she is remaining in the marriage SOLEY for the immigration benefits then that is fraud. Perhaps tell her she wont be approved if she remains in the marriage? If interviewed they will ask her about the relationship. Is she prepared to lie to obtain the greencard? She doesnt need to. 

 

She can apply for ROC with the divorce waiver or the abuse waiver. If she does divorce all she needs is proof of bonafide marriage and the final divorce decree. If she chooses abuse she doesnt need to be divorced (but she should get divorced anyway)- she will need proof of bonafide marriage and proof of the abuse. This can be a psych evaluation and medications. Also if she chooses the abuse waiver she can naturalize after 3 years of being an LPR. 

 

Look up divorce laws in the state you guys are in. Often when there is abuse the abused party gets the more favorable settlement. She is probably scared of being on her own with no income and knowing she will be okay when divorced can help.

 

 

[Going through 5,668]

1 minute ago, Damara said:

If she has a submissive mind frame then a dominant person can manipulate her. You would be asserting dominance and manipulating her into doing something positive rather then an abusive person manipulating her in a negative way. 

Just wanted to say this is SO true---and it DOES normally work.  Speaking from experience...she has been subconsciously trained to think and act a certain way.  She knows no different, and expects no different of a reaction from people right now.  You doing the gentle, hand-holding approach is in her best interests, yes, but not what she's used to.   From the info you've given on what her marriage has been like, she's used to rules, she's used to being told what to do.  It's what she instinctively defers to from her  husband.

 

I would suggest gathering all of the paperwork she needs for filing the waiver, as well as information on how to fill out the forms, etc. and present it to her as something she MUST do if she wants to remain in the US legally, divorced from him, and without the fear of being rejected for fraud. She's used to relying on someone else to tell her what and how to do things (not implying she's lazy or weak or taking advantage), and just following another's lead.   

 

I know some may take offense at what I've said, or maybe how I've worded it here---but I'm saying everything with her best interests in mind and with the understanding of how she may view things right now in this moment with everything overwhelming her.  This doesn't mean she is a weak person, she is much stronger than she is giving herself credit for right now.

 

Turn the way she has been manipulated in the past into a positive thing by manipulating her in the right direction.

[EricInPS 6]

Can someone please answer this definitive question: If the I-751 has already been submitted, is it legally necessary to inform USCIS of a separation as opposed to a divorce? All I can find is that it is necessary to inform them of a legal divorce. Nowhere does it even mention separation.

In any case, here in California, it takes upwards of 6 to 9 months for a divorce to be finalized. If she filed today, she could, conceivably, be granted permanent residency before the divorce is even finalized. 

[Villanelle 4,121]

Thats a good question. Unfortunately there is no official answer. There is a memo about divorce waivers. (its on VJ a lot of places) I dont have the link but I can help you find it if you can not locate it. The memo basically says "IF USCIS becomes aware of a separation or divorce proceedings starting then they RFE and ask if you want to switch to a waiver". The key word is IF. Theres no requirement to notify them. You can stay in the joint petition and get approved even if separated or in divorce proceedings (both spouses need to be willing to do this so this is not a scenario for her). You can not be on a joint petition if divorced (final). 

 

However some people have had problems where they were in divorce proceedings and did NOT notify USCIS. The problem comes later down the line when they try to naturalize. USCIS sees they were approved for a joint ROC while separated or in divorce proceedings and it becomes an issue. They take the approach of 'we did not have all the info when we approved your joint petition' so the case can be reopened. Its a headache and no one wants to deal with that so the advice is as soon as you separate or initiate divorce and you have a joint ROC pending to notify USCIS even though there is no official requirement to do so.

. 

[Ontarkie 13,979]

I'm going to skip giving any the immigration advice as you have plenty of good advice already. 

 

What I want to say is do not get her to write anything down. You asked her to write down the reasons why she should leave him or whatever it was so she can see this list. 

If her husband gets a hold of this it can put her life in danger. She should not be putting anything about leaving him in writing. That is a huge risk, he is already controlling and abusive. Please make sure she did not keep that list. 

 

She has been emotionally and psychologically abused for 3 years. He has her trapped inside her own head on top of everything else.