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morowind9182

On a conditional green card - Wife refuses to divorce to get me deported

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I'm done with my wife. She totally changed after we got married. She's is nasty and we don't really get along. I told her that I wanted a divorce and she told me that she will make my life miserable and fight the divorce. She will make sure the divorce is not final before I apply for removal of condition. So I'll have no divorce decree when I file the i751 and the waiver. My conditional green card expires in April 2020. What can I do? I'm lost and in pain. 

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There is a long time til you have to do ROC so if you get divorced before that then fine if not you file anyway you can do that and then just sent in the divorce decree when you have it. 


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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4 minutes ago, morowind9182 said:

I'm done with my wife. She totally changed after we got married. She's is nasty and we don't really get along. I told her that I wanted a divorce and she told me that she will make my life miserable and fight the divorce. She will make sure the divorce is not final before I apply for removal of condition. So I'll have no divorce decree when I file the i751 and the waiver. My conditional green card expires in April 2020. What can I do? I'm lost and in pain. 

This may depend on the state, but I'm pretty sure you can still divorce even if she doesn't want to sign or show up for the court date. Try consulting a divorce lawyer to find out your options, but it's not impossible.


The Beginning 2017-2018

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Late 2017: Met online via Line app

5/16/18 - 5/26/18: 1st trip - Beirut

5/24/18 - He proposed!

 

K1 Visa 2018-2019

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             K1 Visa             

9/10/18: Petition sent

9/12/18: NOA1 old

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12/1/18 - 12/16/18: 2nd trip - Beirut & Turkey

1/25/19: NOA2 paper

1/28/19: NOA2 new

2/19/19: NVC Received

2/20/19: Case # Assigned

3/5/19: In Transit

3/6/19: Paid MRV fee

3/11/19: Embassy Received/Case Ready

3/11/19: Medical

3/19/19: INTERVIEW! -  cancelled 3/13 by the Embassy

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4/30/19: POE

 

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You can file for divorce now....She can not stop you from filing......and there is time to obtain a final decree before you have to file ROC.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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3 hours ago, morowind9182 said:

I'm done with my wife. She totally changed after we got married. She's is nasty and we don't really get along. I told her that I wanted a divorce and she told me that she will make my life miserable and fight the divorce. She will make sure the divorce is not final before I apply for removal of condition. So I'll have no divorce decree when I file the i751 and the waiver. My conditional green card expires in April 2020. What can I do? I'm lost and in pain. 

You don't need the divorce to be finalized when you file the i-751 with a waiver...you just need to submit the final divorce decree before USCIS can approve it.

File for divorce now, and you'll have plenty of time for it to go through and be finalized by the time you  need to submit the divorce paperwork.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

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Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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OP wrote: "I wanted a divorce and she told me that she will make my life miserable and fight the divorce.."

 

This is completely possible. 

I know a couple (in California) where one of them is fighting the divorce. The divorce was filed in November 2016 and they are still not divorced 2 years and 5 months later, and their next court date (not for anything final) isn't even until June! Their attorneys just keep filing motions, continuances, rebuttals, etc.

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11 hours ago, databit said:

OP wrote: "I wanted a divorce and she told me that she will make my life miserable and fight the divorce.."

 

This is completely possible. 

I know a couple (in California) where one of them is fighting the divorce. The divorce was filed in November 2016 and they are still not divorced 2 years and 5 months later, and their next court date (not for anything final) isn't even until June! Their attorneys just keep filing motions, continuances, rebuttals, etc.

Why people want to be so petty is beyond me but for the OP they won't be deported if they can prove they're going through a divorce process. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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get your own apartment and file for divorce

how does she intend to fight?  as you have not been here that long and there would not be much community property

community property and fighting for children are usually the things that hold up a divorce 

some states like New  York you  need to file for separation as from  that day on ,  you need to wait a year for final divorce

so move out,  get a lawyer,  file for separation and move on with life 

follow the advice above about the ROC

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13 hours ago, databit said:

OP wrote: "I wanted a divorce and she told me that she will make my life miserable and fight the divorce.."

 

This is completely possible. 

I know a couple (in California) where one of them is fighting the divorce. The divorce was filed in November 2016 and they are still not divorced 2 years and 5 months later, and their next court date (not for anything final) isn't even until June! Their attorneys just keep filing motions, continuances, rebuttals, etc.

Move to a no fault state, like Texas, become resident in 6 month, and file for divorce. There is nothing she can do. I know I did.

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8 minutes ago, Calicolom said:

Move to a no fault state, like Texas, become resident in 6 month, and file for divorce. There is nothing she can do. I know I did.

Simply filing for divorce does not stop the other party from making demands......alimony, child support, property division can all be demanded and/or contested.  


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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She can make the divorce nasty and extend it, but you’ll be fine for ROC. You’ve got more than enough time.


Timelines:

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AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)

OP keep notes of everything. Record everything. DO NOT allow yourself to be alone with her at all. A DV case (whether real or imagined) you don't need. I have a dear friend going through this nightmare and the US Citizen wife played the Texas residency perfectly she just moved here 7 months ago filed month 6.

They have a child and she is asking for everything even his apartment and she wants him to pay rent, she wants spousal support. And she was granted a retraining order because she made him look like a violent threatening monster (never touching her) but she's scared for her and their child.

 

Get your divorce file. Don't let her mindless threats scare you into anything again. Move out to your own space and never be alone with her again.

Edited by dwheels76

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1 hour ago, dwheels76 said:

OP keep notes of everything. Record everything. DO NOT allow yourself to be alone with her at all. A DV case (whether real or imagined) you don't need. I have a dear friend going through this nightmare and the US Citizen wife played the Texas residency perfectly she just moved here 7 months ago filed month 6.

They have a child and she is asking for everything even his apartment and she wants him to pay rent, she wants spousal support. And she was granted a retraining order because she made him look like a violent threatening monster (never touching her) but she's scared for her and their child.

 

Get your divorce file. Don't let her mindless threats scare you into anything again. Move out to your own space and never be alone with her again.

"and the US Citizen wife played the Texas residency perfectly she just moved here 7 months ago filed month 6."

 

I don't get this. 

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18 hours ago, morowind9182 said:

I'm done with my wife. She totally changed after we got married. She's is nasty and we don't really get along. I told her that I wanted a divorce and she told me that she will make my life miserable and fight the divorce. She will make sure the divorce is not final before I apply for removal of condition. So I'll have no divorce decree when I file the i751 and the waiver. My conditional green card expires in April 2020. What can I do? I'm lost and in pain. 

You can't get deported for this. Sorry but she's just trying to scare you. She has no idea what she's actually talking about though. Move out and don't forget to get copies of ALL your paperwork that proves marital union and then file for divorce. You don't need her permission to get divorced. It's not the 1800's anymore.

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