shin shin

This is sad for both party

It seems like when a USC cannot have their way its alwaays about a GC.When would this nonsense stop.You know you are marrying an alien,then do not file any documents for them.USC marry USC and separate and divorce withing a month or so,but if an alien do that,the USC always claim its because of a GC.The BS needs to stop.Then the should stop all immigration procedure thru marriage.I am so tired of these USC wanting to control people and when they cannot get their way,they scream fraud.Just look for your USC like yourself and forget about loving or having a relationship with an alien.

I haven't replied to any of these threads and I have been reading them for days. However, just telling an individual to go home kind of sickened me. I moved to Turkey for a man (it did not work out, he left me to go to "work" my 4th week there). Before I left, my stepmother told me that I would be home in 2 months. I had a pride I had to uphold. I was raped in Istanbul my sixth month there. I wanted to leave but I was ashamed that my stepmother would be correct and I would come home like a dog with my tail in between my legs. My friend (female), encouraged me to stay in Turkey. I went to the southeastern region. I met my husband there. One of the most wonderful people I have met in my life. I stuck it out. Sometimes home is not the answer. I am sorry but sometimes, you have to prove to others and yourself you are strong enough to make it in a foreign land. I stayed in Turkey for 2 and 1/2 years. I moved back to the States because Turkey is too different for me. However, if someone is comfortable in a place they are in and want to stick it out. I say more props to 'em and good luck!!!

This makes me sad every time I read a failure marriage...so do I

@Pot121: you seem way too relaxed and easy going about this. You do know that they don't lose anything, on the other hand you do lose a lot if things get messed up. I am surprised how you're keep coming up here wishing merry christmas, and easily saying "we'll see how it goes"....I would be super nervous and instead of wishing merry christmas around the board I would probably be a stalker and nervously flipping through all my notice of approval letters, and make phone calls every five minutes, or infopass (for that manner). Even if this time, this gets overlooked, you'll have issues later (such as naturalization process). In your case I would be hanging around here, singing but really fix things up. But again, it is up to you how you "play your cards". We won't be affected by it, and certainly USCIS won't be affected by it either. But if I were you I would fix this, and read more about the rules and regulations instead of shrugging my shoulder saying "I don't know the law, they do!" because believe it or not, USCIS people are also human being and some are more knowledgeable and have been in their workplace for decades, while others are less knowledgeable and have only been employed there for a couple years. Because of this, even those people can mess up and be in a disbelief of what is the rule. You gotta be your own advocate and not "wash your hands"...anyway, at the end of the day, the decision is yours. But if you really look through this topic everybody says this is wrong and probably not because they want to screw you up...

i completely understand her... please if you can't include rice in your meal everyday... do it every other day... sometimes in the middle of the day, i will cook my own rice (in the rice cooker that my husband bought me just for a reason like this), scrambled eggs and open a can of tuna... then after eating... i feel like i am alive again...

Obviously the popular thing to do is bash the OP and say how much better we are than her.
We don't know anything about the history that brought them to this point. But let us remember that tens of millions of illegal immigrants are here in the US with very little worries about that, just since total amnesty was declared in 1986 for all illegal immigrants prior. Here we have someone who followed the law and is merely asking a question about alimony, and it is a pretty reasonable question to have in a country that had a long history of alimony.
Going for an education in the Philippines in order to save tens of thousands of dollars in expenses and contribute to the marriage in higher earnings is quite a sacrifice to make from someone who thinks their marriage is sound. If any one of us did that we would be whining about how much of a sacrifice we are making and getting all kinds of sympathy from other posters here.
I'm not going to judge one way or the other because I don't know the situation. But to the OP: alimony is out of the question.

Thanks for all the response..I will try everything you suggested.....love u all:-)

Don't listen to these people. It is absolutely true. And...
1.If you miss some of the words they send you home
2. you sing out of tune the visa is cancelled and you must live in the airport
3. Miss many words and its a life time ban
(however you children can petition for you under a Z496,subsection 32, paragraph R, after 25 years)
You must do this standing on your luggage for everyone on your flight plus the next two. So don't mess up. :rofl:
( hope you can take a joke! )

Was there any jewelry involved ?

Okay you have no timeline but based on previous posts:
1. You filed the I-751 in March 2011
2. You don't state how long after the divorce you filed I-751 (or what the grounds were)
3. You don't state when you arrived
4. You state you were here a month before the relationship ended
5. You had only been married a year by the time you arrived here
6. Sometime since March 2011 (maybe before) and now, you met and married someone else.
7. Your "current husband" is here on a H1 visa.
8. You don't state where your "current husband" is from.
Given the facts above, notwithstanding any letter your ex-husband wrote, there are several red flags.
It would appear that your relationship was failing before you came over on the CR-1 and you simply stayed and married someone else. It could look like you had plans to marry your current husband all along and only used your ex for a greencard.
Also, they don't investigate "just a letter, no proof" without some form of proof (whether it be red flags or other evidence) that would indicate fraud. Based on the above, there are many indicators of fraud on your part so I'm not surprised your interview wasn't easy.
----
To answer your qns though - If you are denied, it depends on the grounds for denial as to what will happen. You have no "visa status" as that visa was cancelled as soon as you arrived. Your GC being revoked means you have no status. I have personally never filed an appeal or a Motion to Reopen so I don't know what would happen. I would assume that your status would be on hold while they determine what to do.
Whether you can then get an H4 with your current husband also depends on what happens with your denial. If you are denied on the grounds of fraud, or misrepresentation, or a non-valid relationship, it could make it extremely hard for you to come back. You would most likely need a waiver of some sort (what kind again depends on grounds for denial) and your H1 husband wouldn't be eligible to file a waiver for you (as I believe only USC's can do that).
Honestly though this is all conjecture because you refuse to tell us more details about the interview, what you are accused of, and you don't have a timeline so we can't see how it looks either.
I suggest you hire an attorney.

Sorry to hear you're going through a hard time. My only advice is, don't allow your heart to make decisions for you. If it doesn't feel right, that means its not and you need to do your best to get away from whatever the situation is.

Wow, your post sound really mean and rude. The OP is seeking some advise about her relationship, how to proceed from here and weighting her options. She doesn't need people like you being so harsh with her when she's going though so much pain.

shin shin:
I would stay in the USA until divorce is getting close to finalized. Your GC gives you privilege to travel - don't worry about that. But divorce is harsh as others have stated. If the divorce is filed and you are served with papers while you're gone, that can make a huge difference in the outcome of the divorce.

Just a few corrections to the above. The poster in this thread already has her GC. Shortly after it was issued she and her her husband were involved (according to her) in a minor DV incident and her threw her out of the military housing they shared and served her with divorce papers. Now it seems based on the divorce papers he filed and phone calls she heard about through a third party (one he allegedly made to UCIS and one to her sister) that he is attempting to allege that the marriage was fraudulent from the start.
So he is attempting to get her GC revoked by having the divorce granted on grounds of fraud, or non compatibility of the parties BUT with a separation date prior to the date of her GC being issued.
So in her case there is no 'immigration battle' for a GC as she already has one. After the divorce all she will have to do is file the basic form for ROC showing she entered in good faith and then they divorced.
Her battle is the divorce. She needs to understand exactly how every line in the final divorce decree can effect her from the grounds its granted on to the dates of separation. She can not trust legal aid to advise on her on how that specifically will impact her ROC because as Ive said before, legal aid is great with divorce but knows very little about immigration law.
So its my opinion that she should remain very close and keep a very watchful eye on ALL matters related to the divorce. Double check everything and NOT sign anything with out reading it and fully understanding it and making sure it wont negatively impact the ROC.

I am so sorry about dat. Please take heart, i truly understand how u feel. Do not
give up yet untill u have received the letter u said they sent in the mail. It maybe something u can work out. I would also advise that u and your spouse be very very prayerful. God turns situation around, he has not disappointed me thru the stages of this processing, its been tough but if u hold unto Him in prayers, He will make all things work together for your good. It is well with u. God bless u.

and there is the rub, so to speak. you're from OZ, not from Nepal or Cambodia, so of course you would just as soon go home. The problem is the ones from desparately poor countries, who seem to only be concerned with staying here, in "paradise" (?) rather than with their marriage to their "husband" (wife)

If U wanna see your family that bad U can go visit, how will U find the money if he kicked U out , R U working? I would go after all family is importantdont worry about the other stuff good luck

actually she referred to an 8k down payment on a car purchased during the marriage. I have no idea of the value of the car, but its substantial if the down payment was 8k.
His rank is irrelevant. What matters is how much he earns. Spousal support is determined by how much he earns and how long she is entitled to receive it will depend on the judge. It could be 6 months it could be 6 years. Like I said there are many factors taken into account when determining if a spouse is to be awarded spousal support and if so for how long. Her current and future mental state and treatment during the marriage are deciding factors.
You seem to be implying that if prior to marriage his pay was 300$ and then after marriage it was raised to 450, causing a difference of 150, that thats the maximum spousal support she can expect to receive and thats not true. The judge can impose any amount and in cases of abuse they often do impose greater amounts as 'punishments'and to help the disadvantaged spouse get back on their feet.
If the OP can not afford a lawyer and is able to obtain one through legal aid her spousal support would not directly be effected by that. If they provide her with free legal services then they are simply that- FREE. If they provide her with reduced cost services, then yes, she would be responsible for paying the reduced bill at the conclusion of the case. And yes, she would probably use her spousal support income to pay the reduced legal bill and upcoming ROC filing fees as well as her living expenses. But thats what the spousal support is for- her expenses.

I will agree with two posters here, not that all of them are not good, but cry out to God for help for you! He is there to help you! Contacting your family in the Philippines is great to give you encouragement in your troubles and hard times. Vitamins are okay, but a Seventh Day Advent Doctor told me that if I would eat right I shouldn't need all those vitamins I was taking, so, they are in a box somewhere yet, and that was in 1986! Walking is the best exercise you can do, if you can do it safely. I normally walk 6.5 miles each day, but I got busy with some of my projects, and I have been working hard instead of walking. My doggies are missing the walks though. I could have walked and had the time a couple of days ago, but walking to get the mail I was having a hard time standing up because of wet, warm, slick snow. So, I don't walk when it is too cold, too slick, and when the wind is blowing hard. Many people walk in the shopping malls for exercise. Walking is low stress on your joints, and there is something that lifts your spirits as you walk. You can pray when you walk. But just make sure you are safe!

Unless you have evidence to suggest that he used you only to get immigration benefits, you won't "get him deported." he can file for removal of conditions without your signature, as long as he can show that the marriage was entered into in good faith.
Unless he used you, focus on the divorce. His immigration status is now out of your hands.
Yes it is. It's called an I-751 waiver. The joint signature requirement for removal of conditions can be waived for either abuse or divorce. This is place in part to prevent abusive USC spouses or bitter USC exes from pulling the "Do as I say or I'll have you deported" card.

Not true ..... he does not require her signature.
He can file to remove the condition on his own. As long as he can prove it was bonafide marriage his condition would be removed.
The only thing you can do might make it difficult for him to remove his conidtion is if you have some solid proof that he married just for the immigration purpose and that was the sole purpose of the marriage, now if you submit that to USCIS than they can give him hard time during removal process.

Her husband already has his green card. He's at the removal of conditions stage. He doesn't need to claim abuse, he just needs to show he entered the marriage in good faith and can file on his own when the divorce is final.

Good for you! That's what the professionals say. One really great thing about the military is that they don't put up with B.S. from husbands on wives. The CO and Jag office were very good ideas for you, and they'll continue to help so long as you are married.
One step at a time. The people telling you not to travel are not legally correct. You have a green card. Our friend the lawyer posting here did not point to any statute or policy that says you cannot travel. Lawyers will do that (cite the source) when they are legally correct. So the lack of that source tells you this "precaution" is not based on the law.
Going home will set you back in terms of finding the job and getting on your feet with the license and everything else though so this may be a more important consideration.