Divorcing

[Be Happy!! 60]

Good morning all, 

 

I;m not sure if this was anwered in any other forum but it does not hurt to try. I submitted my husband 1-751 to lift his conditions which expire don 02/01/2021, he received extension and di his finger prints. I recently found out he fathered a child while I was pregnant with his child, children are 2 months apart. Also I found out the used me for papers, its been very hard since he entered this country in 2019. We no longer live with each other. I'm in the process of getting a divorce, he freaking out because he scared he will not receive his visa, which I figured but I don't care to be honest. Is there a form I have send to immigration once the divorce is finalized? I read at the end of the day they have the final decision. Thank you 

[Timona 3,941]

Unfortunately, you cannot do anything unless you have concrete proof in stone that he used you for papers, not just hearsay. 

 

I-751 is basically his. So, if you don't have hard proof, just divorce, if that's what you want and move on. However, until he naturalizes, abandons GC which I doubt he will, dies or receives 4 quarters work, you're still hooked on the I-864. I like the easy way, so hopefully, he naturalizes soon. 

[Be Happy!! 60]

1 minute ago, Timona said:

Unfortunately, you cannot do anything unless you have concrete proof in stone that he used you for papers, not just hearsay. 

 

I-751 is basically his. So, if you don't have hard proof, just divorce, if that's what you want and move on. However, until he naturalizes, abandons GC which I doubt he will, dies or receives 4 quarters work, you're still hooked on the I-864. I like the easy way, so hopefully, he naturalizes soon. 

Thank you so much for your fast response. I understand. Yes I'm moving on. Its just unfortunate.  

[Rocio0010 5,562]

Sorry about your situation.

Just to be clear, he is not getting a visa. He's way past that. He will get a 10 year green card. 

Unfortunately, the petition is his, so he is the one that has to inform USCIS.

As Timona has said, until he naturalizes, works 40 quarters and/or dies, you are on the hook for the i-864.

[Be Happy!! 60]

Just now, Rocio0010 said:

Sorry about your situation.

Just to be clear, he is not getting a visa. He's way past that. He will get a 10 year green card. 

Unfortunately, the petition is his, so he is the one that has to inform USCIS.

As Timona has said, until he naturalizes, works 40 quarters and/or dies, you are on the hook for the i-864.

He will not tell USCIS. Yes correct 10 year green card. Thank you. 

[Rocio0010 5,562]

2 minutes ago, Beltre0519 said:

He will not tell USCIS. Yes correct 10 year green card. Thank you. 

Then he will be in trouble. If his 10 year green card gets approved and he fails to inform USCIS of his divorce, it will be misconstrued as misrepresentation and can lead to serious consequences.  He's shooting himself in the foot, unbeknownst to him.

You can always inform USCIS and send them the divorce decree with a letter explaining why you're sending it instead of him, I guess. But you need to have his case receipt number. But you would be sort of "helping" him

[Be Happy!! 60]

Just now, Rocio0010 said:

Then he will be in trouble. If his 10 year green card gets approved and he fails to inform USCIS of his divorce, it will be misconstrued as misrepresentation and can lead to serious consequences.  He's shooting himself in the foot, unbeknownst to him.

You can always inform USCIS and send them the divorce decree with a letter explaining why you're sending it instead of him, I guess. But you need to have his case receipt number. But you would be sort of "helping" him

I have all his documents, since I was the one the did everything from the beginning. That's exactly what I was thinking sending them the divorce decree explaining etc why I divorced him. Don't we still have to go to an interview to lift the conditions? I've read where some people do while others don't. Thank you for your input. 

[Crazy Cat 39,226]

35 minutes ago, Beltre0519 said:

Good morning all, 

 

I;m not sure if this was anwered in any other forum but it does not hurt to try. I submitted my husband 1-751 to lift his conditions which expire don 02/01/2021, he received extension and di his finger prints. I recently found out he fathered a child while I was pregnant with his child, children are 2 months apart. Also I found out the used me for papers, its been very hard since he entered this country in 2019. We no longer live with each other. I'm in the process of getting a divorce, he freaking out because he scared he will not receive his visa, which I figured but I don't care to be honest. Is there a form I have send to immigration once the divorce is finalized? I read at the end of the day they have the final decision. Thank you 

1.  Protect yourself and your children physically and financially through a good divorce attorney.

2.  Divorce, move on, and seek happiness for yourself.

3.  Let him worry about his own immigration journey.  He will have to convince USCIS that he entered the marriage in good faith.   You are not required to participate.

Good luck.

Edited March 3, 2022 by Crazy Cat

[Rocio0010 5,562]

Just now, Beltre0519 said:

I have all his documents, since I was the one the did everything from the beginning. That's exactly what I was thinking sending them the divorce decree explaining etc why I divorced him. Don't we still have to go to an interview to lift the conditions? I've read where some people do while others don't. Thank you for your input. 

It all depends whether you had an interview for AOS. If you did, probably you're not getting one. 

If you divorce and inform USCIS, he will have an interview.

I woudl not bother, honestly.

[Be Happy!! 60]

Just now, Crazy Cat said:

1.  Protect yourself and your children physically and financially through a good divorce attorney.

2.  Divorce, move on, and seek happiness for yourself.

3.  Let him worry about his own immigration journey.

Good luck.

 

Just now, Crazy Cat said:

1.  Protect yourself and your children physically and financially through a good divorce attorney.

2.  Divorce, move on, and seek happiness for yourself.

3.  Let him worry about his own immigration journey.

Good luck.

Thank you for your wise words. I'm trying my best. 

[Be Happy!! 60]

1 minute ago, Rocio0010 said:

It all depends whether you had an interview for AOS. If you did, probably you're not getting one. 

If you divorce and inform USCIS, he will have an interview.

I woudl not bother, honestly.

Only interview was in Dominican Republic with the embassy, he went alone because I just gave birth 3 days prior to his interview. You would not bother to send the divorce papers? I'm sorry if I do not understand. 

[Mike E 11,723]

Let him freak out.  
 

Get a divorce.  
 

If he fails to inform USCIS that he is divorcing or he is divorced and he gets his 10 year green card, the chickens will come home to roost eventually.  
 

You don’t need to involve yourself with USCIS again.
 

There is a reasonable chance he will fumble this and get deported.  So let him.   

[Mike E 11,723]

6 minutes ago, Beltre0519 said:

Only interview was in Dominican Republic with the embassy, he went alone because I just gave birth 3 days prior to his interview. You would not bother to send the divorce papers? I'm sorry if I do not understand. 

Then there will be an I-751 interview.  You won’t be there.  Unless he knows he can change the petition to an individual petition with a divorce waiver while at the interview then his case will be denied.  If he remains clueless then he will eventually have to leave America.   
 

No at least three of us are telling you to not send your divorce paperwork to USCIS.  

Edited March 3, 2022 by Mike E

[Rocio0010 5,562]

3 minutes ago, Beltre0519 said:

Only interview was in Dominican Republic with the embassy, he went alone because I just gave birth 3 days prior to his interview. You would not bother to send the divorce papers? I'm sorry if I do not understand. 

Exactly. If he used you, I would let him freak out and figure out the situation himself. Focus on you and your own life now.

[Be Happy!! 60]

Just now, Mike E said:

Then there will be an I-751 interview.  You won’t be there.  Unless he knows he can chance the petition to an individual petition with a divorce d waiver while at the interview then his case will be denied.  If he remains clueless then he will eventually n have to leave America.   

Ok got it, basically let him go on his own, I don't have to attend.