Divorce and want to come back in US

[jeanc49 0]

My marriage doesnt work out. I am on vacation to see my family in philippines and my husband is filling a divorce for me. He wants me to sign the divorce paper and send it back to US and he said his going to call the immigration to cancel my 2 year conditional green card and petition another girl from philippines to marry him. My green card will expire next year 2008 but i want to come back before the expiration... Can i enter back to US with divorce status ???

please help thank you so much....

[Sand 5]

if i am in ur shoes i will not sign the papers, wait till u back. tell him when i back i will do it, in case something happen .

[YuAndDan 153]

if i am in ur shoes i will not sign the papers, wait till u back. tell him when i back i will do it, in case something happen .

Correct there is no "Canceling" of a green card, it is valid until it expires, unless you move to another country with intent to live there, or be out of the USA for more than a year without a re-entry doc.

I would return to the USA and then handle the divorce, and file to lift conditions on the conditional green-card with a waiver based on a divorce of a marriage that was entered into in good faith.

Filing if the Couple is Married

If the couple is still married, the I-751 must be filed jointly within the 90 days immediately before the end of the second year of conditional permanent resident status. Ideally, the couple is still together and happily married. They file their joint I-751 and show that their marriage is on-going and bona fide. Evidence submitted should include updated documentation of their joint address, any joint assets / liabilities, evidence of any children, and any other proof that they are living like most married couples.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.

http://www.murthy.com/news/n_remcon.html

So.. If married or just Separated the couple need to file the I-751 jointly, but if Divorced, the green-card holder can file for a waiver to the joint filing requirement and file I-751.

Edited October 3, 2007 by YuAndDan

[Jasman0717 8]

Sorry to hear. You say he already has another Filipina he wants to petition? Doesn't sound like he is any prize to hang on to. If you have a place to stay you might come back and get the divorce and then remove conditions yourself. Good luck

[Nancy2015 2]

Doesn't sound like he is any prize to hang on to.

My thoughts exactly...

Green card can't be cancelled by a petitioner after it's issued.

[john_t_03 0]

1. He can't cancel anything, because he has no auhority. I guess he could tell USCIS that the marriage was fake, but then he would go to jail. Don't believe this threat.

2. Don't sign ANYTHING without a divorce lawyer. You have certain rights and you want to make sure that they are protected. And certainly don't sign anything before you come back to the US.

3. After the divorce is final, you can file for the 10 year GC just by yourself, within the 90 day period before your 2 year GC expires.

4. If he does petition someone else, they will have a very tough time getting approval.

[c_mat 0]

I agree with YuandDan. You can come back to the US if your green card expires in 2008. Don't sign the divorce papers. If you can get hold of a lawyer thats great, but even better there are many social service agencies and women's organizations that will help you for free probably especially since it looks like you may have been abused (even if it was verbal abuse) and you can prove that the marriage you entered was in good faith.

Take care, God Bless. Don't give up.

[Dakine 26]

As others have said. Go back and get a lawyer for the divorce. Also when you get back get all the evidence to can that you married in good faith and any evidence of abuse if such happened. Sounds to me that him going for another lady is mental abuse.

Once your divorce is final "I think" you can file the the I-751 at any time.

Someone who knows for sure ["Dan the man"] please jump in!

[motu 5]

Definitely get a lawyer before signing any papers - get him to pay you support for at least a couple of years or more (have your lawyer work on it) and then you can file for the 10 year card on your own. As it stands - he agreed to support you (by petitioning the US Govt.) and he can be forced to support you - and not just to minimum levels but 'real' levels - Again - Get a good lawyer fast, and I hope you didn't sign a pre-nuptial - if you did they are very hard to turn - one of my lawyer friend tried (for a client) and failed. Good Luck

[Mr. Big Dog 10,747]

He wants me to sign the divorce paper and ... petition another girl from philippines to marry him.

#######? Fleece his azz when you're back!

[ChristinaM 0]

If you can't afford legal representation, try your local Catholic Charities for help.

Good luck!

[sj5 4]

1. He can't cancel anything, because he has no auhority. I guess he could tell USCIS that the marriage was fake, but then he would go to jail. Don't believe this threat.

2. Don't sign ANYTHING without a divorce lawyer. You have certain rights and you want to make sure that they are protected. And certainly don't sign anything before you come back to the US.

3. After the divorce is final, you can file for the 10 year GC just by yourself, within the 90 day period before your 2 year GC expires.

4. If he does petition someone else, they will have a very tough time getting approval.

[ChristinaM 0]

3. After the divorce is final, you can file for the 10 year GC just by yourself, within the 90 day period before your 2 year GC expires.

As I understand it, one can file for lifting of conditions as soon as the divorce is final, provided it was a bona fide marriage to start with (and I'm not suggesting it was anything but legitimate ).

[Nutty 2]

My marriage doesnt work out. I am on vacation to see my family in philippines and my husband is filling a divorce for me. He wants me to sign the divorce paper and send it back to US and he said his going to call the immigration to cancel my 2 year conditional green card and petition another girl from philippines to marry him. My green card will expire next year 2008 but i want to come back before the expiration... Can i enter back to US with divorce status ???

please help thank you so much....

Your husband sounds like a real jerk..

YOUR HUSBAND CAN'T CANCEL YOUR GREENCARD. ONLY THE US GOVERNMENT CAN CANCEL.

1) Don't sign the divorce paper without seeing a lawyer!!!!!

2) Make some efforts to make up and save the marriage (there is a reason I say this). Call a marriage counselor and speak with her. Pay her bill and keep a receipt.

3) Then when your husband tries to divorce you, you tried to go to MARRIAGE COUNSELOR to save marriage (your visit to marriage counselor and receipt shows you try). Then the NVC can decide with this paperwork that you married your husband out of love and wanted to keep marriage. That your husband is the one who is breaking marriage, not you. You will more than likely be allowed to stay.

4) KEEP IN MIND - you are SPONSORED BY YOUR HUSBAND. FINANCIALLY SPONSORED. He may divorce you, but until you get your permanent greencard, he must continue to be your sponsor.

Edited October 10, 2007 by Nutty

[pushbrk 12,221]

4) KEEP IN MIND - you are SPONSORED BY YOUR HUSBAND. FINANCIALLY SPONSORED. He may divorce you, but until you get your permanent greencard, he must continue to be your sponsor.

She's sponsored by her husband alright but getting a permanent greencard is not on the list of things that ends his sponsorship responsibility. It will continue until one of the listed conditions is met, non of which are possible in less than 3 years in any case and 5 years in this case. It could take a lot longer than 5 years to meet any of the conditions.