i751 divorce waiver with no divorce finalized yet

[ST52 8]

Hi everybody, I just joined VJ today and really appreciate this great community helping each other out. My story yes there is always a story with everyone

 

Got my CPR Aug 2016

Expiring Aug 2018

Married for three years and 4 months until the day of separation with one year and 8 months in the USA

Divorce in progress no fault

Divorce not finalized but will file for the waiver of good faith without the divorce decree

 

Story: My wife left me on my birthday while I was at work and remained in contact with me until 330pm that day and then when I got home at 515pm she was gone. I opened my apartment and realized that paintings, holy book, suitcases and my collectables were gone. Her mother was visiting from the home country and her stuff was also gone. I looked up my bank account and realized that she took all the money as well. It was a lot of money believe me my life-long earnings as well as the inheritance that I received from my father. I started calling her and her family but they all blocked me. I was in a miserable situation. I have a very good job and was one of the reasons the money she took was the really good amount. Anyways, the little backstory now her family was very demeaning towards me and for them, divorce is just not a big deal. Her brother left his wife in the exact same fashion, vanished like a thief after stealing everything behind her back. She herself was nice with me apart from usual husband-wife arguments but used to be a completely different and at times abusive person while we used to meet her family. Her family would tell me that she sponsored me and that she deserves better lifestyle and diamond solitaire etc. List of abuse from their side can go on and on but I don't want to waste my reader's time. Moreover, my upbringing doesn't really allow me to defame someone I shared my life with and unfortunately she was not the right person. Yes I get angry on how she did it, diagnosed with PTSD, had an accident where I hardly escaped death, my work life has suffered tremendously and trying to keep my job etc

 

Her family finally picked my call after my accident couple of days ago after she left and told me that they are filing for divorce and that they will throw me out of this country. I was told that I was given more than a year to adjust my social class as per their requirements and they don't think it is viable in the longer run. They wouldn't tell me her whereabouts and even threatened my father back home as well. They timed it perfectly just 4 months before the ROC deadline. I am concerned about the threats and their capability of inflicting damage to my immigrant status. I have lots of good faith marriage proofs and really not worried about that as I have everything in both of our names and that's why she was able to steal from me. Anyways, my question is they are dragging the divorce process intentionally to get passed ROC deadline in Aug 2018. My divorce attorney is trying but family law really doesn't care if the one of the party is suffering from immigration consequences. Her family would not let the settlement happen after numerous attempts to expedite divorce process and wants to drag it longer. On top of that, the judge assigned to my divorce case is notorious for favouritism for women. I have no problems with that but it should be decided on merits which even my attorney has doubts. My attorney is best in town for divorce by the way, and he told me that this judge would not worry about your immigration case as this is not the right law for it. She is asking for alimony, took around 120K, gold and diamond jewellery and I as an immigrant after earning this money after years of hard work is empty-handed. 

 

I need advise from this great forum on

 

1. How should I approach my i751 divorce waiver without divorce decree and its possible implications if her family write something frivolous to USCIS?

2. I am also confused about NTA as before going to immigration court do you still have working rights? I am asking this because a lot of people are unclear on this topic as immigration court date can take some time a year to become available and how is immigrant supposed to survive without any job?

3. If theoretically divorce gets finalized in the last week of August and I am out of status for 10 days, is this a reasonable justification to USCIS for late filing as I was waiting for divorce decree?

 

Thanks in advance to everyone for reading and for any valuable advice!

 

Edited June 28, 2018 by ST52

[KazuriSana 324]

You cannot claim a divorce waiver until you have the divorce finalized. Since you are still married, you have to file within the 90 day period before the expiry date.

 

However, if you file during the 90-day period, with a request for divorce waiver (while separated and divorce proceedings in progress), you will be issued an RFE with a response period of 87 days. If you establish eligibility for the waiver, then the ISO will adjudicate your petition on the merits in accordance with established procedure.

 

(Read THIS memo. I believe it still stands)

[Russ&Caro 1,549]

Seems to me that any joint assets that she took when she moved out would be part of the divorce settlement. I'm sure your divorce attorney is on top of that. Good luck with the process.

[Ryan H 3,813]

Moved from IR-1/CR-1 Progress Reports to Removing Conditions on Residency Discussion.

[Jameson78 32]

8 hours ago, ST52 said:

Hi everybody, I just joined VJ today and really appreciate this great community helping each other out. My story yes there is always a story with everyone

 

Got my CPR Aug 2016

Expiring Aug 2018

Married for three years and 4 months until the day of separation with one year and 8 months in the USA

Divorce in progress no fault

Divorce not finalized but will file for the waiver of good faith without the divorce decree

 

Story: My wife left me on my birthday while I was at work and remained in contact with me until 330pm that day and then when I got home at 515pm she was gone. I opened my apartment and realized that paintings, holy book, suitcases and my collectables were gone. Her mother was visiting from the home country and her stuff was also gone. I looked up my bank account and realized that she took all the money as well. It was a lot of money believe me my life-long earnings as well as the inheritance that I received from my father. I started calling her and her family but they all blocked me. I was in a miserable situation. I have a very good job and was one of the reasons the money she took was the really good amount. Anyways, the little backstory now her family was very demeaning towards me and for them, divorce is just not a big deal. Her brother left his wife in the exact same fashion, vanished like a thief after stealing everything behind her back. She herself was nice with me apart from usual husband-wife arguments but used to be a completely different and at times abusive person while we used to meet her family. Her family would tell me that she sponsored me and that she deserves better lifestyle and diamond solitaire etc. List of abuse from their side can go on and on but I don't want to waste my reader's time. Moreover, my upbringing doesn't really allow me to defame someone I shared my life with and unfortunately she was not the right person. Yes I get angry on how she did it, diagnosed with PTSD, had an accident where I hardly escaped death, my work life has suffered tremendously and trying to keep my job etc

 

Her family finally picked my call after my accident couple of days ago after she left and told me that they are filing for divorce and that they will throw me out of this country. I was told that I was given more than a year to adjust my social class as per their requirements and they don't think it is viable in the longer run. They wouldn't tell me her whereabouts and even threatened my father back home as well. They timed it perfectly just 4 months before the ROC deadline. I am concerned about the threats and their capability of inflicting damage to my immigrant status. I have lots of good faith marriage proofs and really not worried about that as I have everything in both of our names and that's why she was able to steal from me. Anyways, my question is they are dragging the divorce process intentionally to get passed ROC deadline in Aug 2018. My divorce attorney is trying but family law really doesn't care if the one of the party is suffering from immigration consequences. Her family would not let the settlement happen after numerous attempts to expedite divorce process and wants to drag it longer. On top of that, the judge assigned to my divorce case is notorious for favouritism for women. I have no problems with that but it should be decided on merits which even my attorney has doubts. My attorney is best in town for divorce by the way, and he told me that this judge would not worry about your immigration case as this is not the right law for it. She is asking for alimony, took around 120K, gold and diamond jewellery and I as an immigrant after earning this money after years of hard work is empty-handed. 

 

I need advise from this great forum on

 

1. How should I approach my i751 divorce waiver without divorce decree and its possible implications if her family write something frivolous to USCIS?

2. I am also confused about NTA as before going to immigration court do you still have working rights? I am asking this because a lot of people are unclear on this topic as immigration court date can take some time a year to become available and how is immigrant supposed to survive without any job?

3. If theoretically divorce gets finalized in the last week of August and I am out of status for 10 days, is this a reasonable justification to USCIS for late filing as I was waiting for divorce decree?

 

Thanks in advance to everyone for reading and for any valuable advice!

 

lol....third world problems. I demand that you rename yourself Lucky Lucky Lokoja, and commence all future replies to this thread by introducing yourself as such.

Edited June 29, 2018 by Jameson78

[ST52 8]

@Jameson78 Thanks for posting a comment. However, I really don't understand the relevance to this topic. Maybe this is how the first world operates. Thanks anyways..

[ST52 8]

Went to my first divorce hearing Jun 28, 2018, and as expected judge would not grant an early trial date to finalize divorce before the CPR status expires. Also, he mentioned that I don't care about immigration deadlines and lawful status. Her attorney also asked my attorney as what immigration worth to your client, surprise...My attorney told me they are trying to extort you since they know you have immigration deadlines. Anyways, the way it is going I think I have to file without the judgement of divorce before the CPR card expiration date and then wait for RFE. Please share thoughts VJ community

[WeGuyGal 1,052]

20 hours ago, ST52 said:

 

Story: My wife left me on my birthday while I was at work and remained in contact with me until 330pm that day and then when I got home at 515pm she was gone. I opened my apartment and realized that paintings, holy book, suitcases and my collectables were gone. Her mother was visiting from the home country and her stuff was also gone. I looked up my bank account and realized that she took all the money as well. It was a lot of money believe me my life-long earnings as well as the inheritance that I received from my father. I started calling her and her family but they all blocked me. I was in a miserable situation. I have a very good job and was one of the reasons the money she took was the really good amount. Anyways, the little backstory now her family was very demeaning towards me and for them, divorce is just not a big deal. Her brother left his wife in the exact same fashion, vanished like a thief after stealing everything behind her back. She herself was nice with me apart from usual husband-wife arguments but used to be a completely different and at times abusive person while we used to meet her family. Her family would tell me that she sponsored me and that she deserves better lifestyle and diamond solitaire etc. List of abuse from their side can go on and on but I don't want to waste my reader's time. Moreover, my upbringing doesn't really allow me to defame someone I shared my life with and unfortunately she was not the right person. Yes I get angry on how she did it, diagnosed with PTSD, had an accident where I hardly escaped death, my work life has suffered tremendously and trying to keep my job etc

 

Her family finally picked my call after my accident couple of days ago after she left and told me that they are filing for divorce and that they will throw me out of this country. I was told that I was given more than a year to adjust my social class as per their requirements and they don't think it is viable in the longer run. They wouldn't tell me her whereabouts and even threatened my father back home as well. They timed it perfectly just 4 months before the ROC deadline. I am concerned about the threats and their capability of inflicting damage to my immigrant status. I have lots of good faith marriage proofs and really not worried about that as I have everything in both of our names and that's why she was able to steal from me. Anyways, my question is they are dragging the divorce process intentionally to get passed ROC deadline in Aug 2018. My divorce attorney is trying but family law really doesn't care if the one of the party is suffering from immigration consequences. Her family would not let the settlement happen after numerous attempts to expedite divorce process and wants to drag it longer. On top of that, the judge assigned to my divorce case is notorious for favouritism for women. I have no problems with that but it should be decided on merits which even my attorney has doubts. My attorney is best in town for divorce by the way, and he told me that this judge would not worry about your immigration case as this is not the right law for it. She is asking for alimony, took around 120K, gold and diamond jewellery and I as an immigrant after earning this money after years of hard work is empty-handed. 

 

 

You profess not to wanna defame, yet doing so. 

 

Marriage for money/green-card scams are real.. and you as an immigrant would have to overcome that hurdle. 

[ST52 8]

@WeGuyGal Thank you for the feedback, I really appreciate it. I was just trying to tell my experience yesterday in court. I haven't disclosed any information regarding her character but the way her attorney is playing around this whole situation by making money for herself and of course encouraging her to jeopardize my status as much as she can. Anyways, you are right immigrants has to go through suspicion and I get that and after hearing from a judge I am more clear that I have almost very limited rights. 

[WeGuyGal 1,052]

You're right, a USC has more rights than others in an immigration court. Judges care about fidelity to the law. 

 

What is your nationality? 

[ST52 8]

@WeGuyGal Well apparently USC has more rights in family courts as well because the judge would deny your motion for an early trail to satisfy immigration requirements. Judge made a comment which was really demotivating as he said immigrants defraud the federal government and I don't mind if one more passes his deadline or gets deported. Imagine this is the judge and at least I pay taxes and have no public record and it is not even a trial. It was a motion for early trial judgment. Nationality is PAKISTANI and the USC spouse is also PAKISTANI dual citizen and moved with me to the USA and she lived all her life in Pakistan as well. She was just born here

Edited June 29, 2018 by ST52

[Villanelle 4,122]

1. How should I approach my i751 divorce waiver without divorce decree and its possible implications if her family write something frivolous to USCIS?

2. I am also confused about NTA as before going to immigration court do you still have working rights? I am asking this because a lot of people are unclear on this topic as immigration court date can take some time a year to become available and how is immigrant supposed to survive without any job?

3. If theoretically divorce gets finalized in the last week of August and I am out of status for 10 days, is this a reasonable justification to USCIS for late filing as I was waiting for divorce decree?

 

 

USCIS wont care if she or her family say nasty things about you. They only care about hard evidence. So unless youve done something wrong (married for fraud) you have nothing to worry about.

 

Dont let yourself get out of status. File the 751 with a waiver (even though you dont have the decree) on time. As explained above they will ask for the decree at some point.

 

You are getting a bit ahead of yourself also. You probably wont go to immigration court. ROC takes a long time to process. Your divorce is already filed and being worked on in the courts. You should have the decree in time. If you dont it becomes tricky and you should seek the help of an attny if needed. Working rights are as follows- You apply for ROC and get a 1 yr extension. Some people have to apply for another 1 year extension because it takes so long right now to process ROC. Your status is good until the Judge orders it stripped. You dont lose status when USCIS denies you. But a judge cant adjudicate ROC petitions. They can only send them back to USCIS to re-adjudicate. In some cases its necessary to file another 751. An attny would know the specifics of your case and be the best one to help you at that point. But you are no where near that point yet.

 

Sorry you got such a lousy Judge.  

 

Do you have a divorce attny? If not you may want to look into getting one. 

[ST52 8]

@Damara Thank you so much for your detailed reply and I really appreciate it! 

 

You are right about me going way ahead of time, but I probably can't tell what I have been through and what they (her family) as a team did to me. Yes, I have a divorce as well as an immigration attorney at the moment. Judge you can't imagine was not concerned about me going out of status and the need for the judgment of divorce as it has already been 3 months and my state just has a waiting period of 2 months when no kids involved. My attorney tried his best but he wouldn't listen as expected. I am just copying the evidence that I have and would appreciate your feedback on what you think of it in terms of hard evidence/good faith marriage evidence

 

1. There are 3 joint current and savings accounts which of course the day she left took her name but not a problem because of bank statements

2. 3 Credit card joint accounts (she has authorized users on where I am primary, unable to get information from her where she is primary) I was able to get a credit card after a year once has established a credit history. You cannot get a credit card if you don’t have a credit history so after I got this job I was able to justify income threshold to get them

3. Three joint apartment leases 

4. Joint lease for a car

5. Joint rental and car insurances 

6. Joint telephone bills (since I moved to the USA as the family number on the bills-full time period). I have also printed the confirmation from Sprint for change of ownership email correspondence as well.

7. Joint electric bills 

8. She is my dependent on my employer health insurance plans and I was on hers (health insurance cards can be provided – full-time period)

9. The beneficiary of my life insurance from the employer as well

10. 45 Photos from our trips (having family in it as well as full 1.8 years). File prior to moving to the USA is also available which was initially provided at the time of interview

11. Joint federal tax returns married filing jointly for the year 2016 and 2017

12. Google reviews for the apartment lease renewal (screenshot)

13. 3 sworn affidavits from my family and friends

14. Her ID and my ID showing the same address

15. Regular mail coming for her in the mailbox like her credit card statement, credit card offers to show the same address etc.

16. The last trip before this whole thing happened I have plane tickets along with pictures showing both of us along with her family as well as one more trip with air fare purchase and hotel bills

17. AAA membership cards for 2 years

18. Change of address for both of us at USPS from one state to another

19. Her dental bills send to me for payment as she is my dependent EOB

20. Car Privacy statements sent to both of us

21. 2 Car service documents with both names

22. Health Reimbursement Account holder with me

23. Car registration renewal both names on it

24. 2 UNUM Annual Health Reimbursement (copies of the check received with both names)

25. Annual preventive care visit to our doctor along with test results showing our names, date of visit, address and time of visit

26. Psychiatrist evaluation of my circumstances – extreme mental cruelty and PTSD

27. Joint State Income Tax Transcripts 2016 & 2017

28. Policies from UNUM for 3 different categories where she is covered and also the beneficiary

29. 2016 Tax Refund document from the previous State showing both names and address

30. Nexus application for both of us showing same address and date of action

31. Her employment letter showing proof of insurance for both of us 

32. Office emergency contact person with her number and name

33. Another credit card where statement doesn't show authorized user but have gathered evidence that she is indeed an authorized user

 

Above is what I was able to collect so far, and have provided to my immigration attorney as well. Your feedback will be highly appreciated! I will keep the VJ community posted with my situation as I get updates. Thanks!

[ST52 8]

I was able to collect above evidence by calling service providers and searching my mobile phone archives. I had more evidence but just before she left she took my laptop, transcripts and the file that I was making for the ROC process. Anyways, another thing that I found that family court doesn't care about these things and treat it as a marital property and if you want to continue fighting for it they will continue giving you trial dates which completely isn't worth it.

[ST52 8]

Yesterday, I have been diagnosed with PTSD from both my licensed clinical psychologist and a primary care doctor. They took two and a half months to finally decide if I am suffering from PTSD or not. I have lots of evidence for good faith marriage(i have listed that in the post as well) and for extreme mental cruelty, I have my licensed clinical psychologist evaluation and the diagnosis of PTSD as major evidence I guess. I have been abused throughout the relationship and I said it earlier in my post that I won't unveil tiny details as I don't want my reader's time to go waste, but it did include emotional and mental abuse along with social isolation. My psychologist was able to include that based on 7 sessions and continuous telephone and email conversations. I am just listing the evidence that I have in terms of mental cruelty don't know if it is sufficient

• Licensed clinical psychologist evaluation of my situation 7 sessions and detailing the relationship and the extreme cruelty that I suffered
• Diagnosis of PTSD with prescription medicine by my Primary Care Doctor and psychologist
• Initial diagnosis of Syncope soon after she left. I have urgent care diagnosis bill and the leave that she prescribed me
• An accident caused by her and her family as they made me turn back from another state and threatening to call the police (have car repair docs and pictures) as well as refusal to come to my aid after the accident
• Declining the event sent on google calendar for the removal of conditions (screenshot). The event was set a year before to file in the 90 day period window the i751 and she declined it after she left
• Screenshot sent by her of my laptop that she stole along with my educational degrees  
• Screenshot saved by me indicating that my device is at the same location where she is residing right now
• 14-page detailed relationship affidavit by me highlighting both good and bad throughout our relationship

 

Should I file with divorce waiver or extreme mental cruelty? They are dragging divorce intentionally and have made comments as direct as extortion "What Does Immigration Worth To You" so I don't know how long will the divorce take. My immigration attorney is very defensive and I don't think he has too much experience with mental cruelty waivers.

Edited July 6, 2018 by ST52