Jump to content

Lightbird

Members
  • Posts

    66
  • Joined

  • Last visited

Reputation Activity

  1. Thanks
    Lightbird got a reaction from Greencard-22 in N-400 January 2023 Filers   
    I got mine back like 2 weeks later after I got my passport.
  2. Thanks
    Lightbird got a reaction from Iowa65 in N-400 January 2023 Filers   
    I submitted the IRS transcripts from the past 3 years. Always all pages.
  3. Like
    Lightbird got a reaction from jackiegringa in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    He probably implies that there are ways to make her life difficult to remove conditions and such as a way to pressure her. But yeah as others said, she has the same rights as any citizen. Though trying to deport her as a way to avoid paying is kinda low and hopefully just a thought and not something that you shared with people.
  4. Like
    Lightbird reacted to Rocio0010 in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    It’s in your best interest that she naturalizes asap. 
    And no, you can’t withdraw the 751 because it’s not your petition to begin with 
  5. Like
    Lightbird reacted to Marieke H in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    The 2 year conditional green card is not a trial period for you to decide if you want to keep your immigrant spouse. You have no control over her immigration status, and you don't get to send her back now that things didn't work out. The best thing that you can do is to encourage and support her to naturalize, so at least you won't be on the hook for the affidavit of support anymore. Other than that, divorce proceedings and outcomes will be similar to what they would be if you had married a US citizen.
  6. Like
    Lightbird reacted to JeanneAdil in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    not knowing your state ,  u should google this info
     
    your wife does not have to leave your living quarters 
    and she left family,  friends and home to be with u so go lightly
     
    and understand that some states u need to be legally separated for a year before court will grant a divorce
     
  7. Like
    Lightbird reacted to GEOntificator in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    Your assets will be split the same as any US citizen would in the state in which you are.
     
    You have absolutely 0 power over her green card. You said marriage was entered in good faith. Leave this part alone as any spiteful action can be used against you in case of ugly divorce court.
     
    If you want a divorce do it and move on. Be prepared to give up 50% of what you accumulated during your marriage. Likely spousal support too if you make much more than she does.
     
    Good luck.
  8. Like
    Lightbird reacted to davidvs in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    Should have thought of that before you got married. 
  9. Like
    Lightbird reacted to Stein in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    It doesn't matter what you want.  It's what the law says you have to do when you divorce.  The court will decide.
     
    In most states that means 50/50 of assets accumulated during the marriage.  So assets you had before you married would remain yours and the same for her as long as you can prove it.  So if you could show a bank statement the month before you married with a $30,000 savings balance or a 401k you probably could get that exempted.  But that said, 401k accumulated in the last 2.4 years could be attached to the split.  And if she worked for a year and didn't contribute to expenses and just saved all of that money it would go into the split as well.  Now if she worked and got paid and spent it or sent it all home to her parents it would likely be treated the same as spent on rent.  If she still has it then it gets thown into the pot to split as it was accumulated during the marriage.
     
    Divorces at 2-3 years don't end up with a lot of alimony in most cases.  It's longer marriages where you can get wrapped into paying alimony and/or if one spouse makes significantly more than the other.  But you do still have the I-864 so hope she keeps working after divorce.
  10. Like
    Lightbird reacted to carmel34 in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    Most states require a 50/50 split for all marital assets and debts in a divorce.  The length of the marriage will likely be taken into account as well when determining alimony.  Her immigration status is irrelevant to all of this as she can re-file an I-751 with a divorce waiver, many have done this successfully.  You can't "withdraw" the I-751 as it is her petition, not yours.  Focus on the divorce and be civil.  It is in your best interest to negotiate an agreement with her and her divorce attorney.  Keep in mind that if she hires an aggressive divorce attorney, and the case goes to court, the I-864 that you signed could be used as leverage to force you to pay alimony for many years.
  11. Like
    Lightbird reacted to Dashinka in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    There is really no difference between a 2 yr GC and 10 yr GC.  As @OldUser mentioned, if you get divorced, it does not mean your spouse cannot continue and get their 10 yr GC and eventually citizenship.  Actually if she were to get citizenship that would remove your obligation regarding the I864.  Beyond that, divorce law and immigration law are entirely different.  When you decide to get a divorce and it is finalized, the divorce court will rule on the property split depending on the applicable laws in your state.  Immigration wise, your then ex-spouse can proceed with the I751 under a divorce waiver which is done all the time.  
  12. Like
    Lightbird reacted to OldUser in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    I'm 100% sure of that. She's has pretty much all the rights you have other than voting and taking certain jobs requiring US citizenship. 
     
    You cannot withdraw or cancel I-751, it's her petition to remove her conditions. USCIS received a lot of bonafide marriage evidence and potentially statements from you during AOS and I-751. Even now you say it was a bonafide marriage. She'll have to file a new I-751 with a divorce waiver, or convert existing petition, but that's up to her.
     
    Don't forget, you're still liable for her as the sponsor, because you filed I-864. Liable even when you divorce, and until she naturalizes or works and contributes social security for 10 years.
     
    You can consult with an immigration lawyer if you don't believe me. But best to focus your energy on divorce, immigration wise you don't have any power over her.
  13. Like
    Lightbird reacted to OldUser in What happens to my assets if I divorce my foreign spouse with a temporary green card?   
    Hi @PandaEat I'm sorry your marriage is heading towards the divorce. Your wife has the same rights just like as if you were married to an American lady. Nothing different in regards to divorce and splitting assets. All depends on the state laws. If you live in a community property state like Arizona or California, you'd have to split anything accumulated during the marriage 50/50 with her, even if she never contributed even a dollar.
     
    No, you cannot take her green card away. You did not issue it and it's not your property. Only immigration judge can take her GC away and only if she cannot prove her marriage wasn't entered in good faith.
     
    I suggest getting a divorce attorney and sorting the divorce out.
     
    There's nothing you can do immigration wise. She will have to remove her conditions on green card without you. It happens all the time.
     
    It's time to focus, get the divorce done and heal.
     
    Good luck and I'm sorry you're going through this!
  14. Like
    Lightbird reacted to mniceguy16 in How to request a combo interview   
    Go ahead and file your n400 if the interview comes up with a pending ROC, they will do a combo interview if they have all your files ready. You do don’t need to request for a combo interview because they will handle your case accordingly.
  15. Thanks
    Lightbird reacted to Sarge2155 in N-400 January 2023 Filers   
    @Lightbird
    Great ending and congratulations!
  16. Like
    Lightbird got a reaction from springguy in N-400 January 2023 Filers   
    Ok so went to the interview with the wife. They didn't let my wife past security so she waited outside in the car. After 30-40 mins past the appointment date I was called in for the interview. Turned out to be a combo interview and I saw that damn novel of a package I had sent on the table back 2 years ago.
    After a light chat about how I-751 is so swamped that basically people are ready for naturalization, the officer proceeded with the I-751 first, didn't call my wife in and just did a solo interview with me. Questions apart from verifying some stuff on the application was about how I met my wife originally, who proposed first, how well I get along with my stepdaughter and how I see my long term plans of my future with my wife. She was checking some paperwork in my package and I did a light joke "damn after this long I had forgotten how big it was" to which she was "Good thing it was big otherwise there would be a good chance for me to ask for more information". (I guess that's a good lesson in frontloading stuff)
    N400 went great, we did the civics tests first then went through verifying stuff from my application. In the end I was asked if I wanted to take my oath the same day and a couple hours later after managing to contact my in-laws so they could attend me with other 10 people gathered for the oath and got our papers and instructions on what to do next.
    So a happy ending overall and now onwards for the rest of the bureaucracy with SSN/ID/Passport updates (which still surprises me that to get a passport you need to send the original certificate and not like a certified copy or something)!
     
    Really happy also with all the help I got along the road and thank you!
  17. Thanks
    Lightbird reacted to Sarge2155 in N-400 January 2023 Filers   
    Wishing you all the best, let us know how it went!
  18. Thanks
    Lightbird got a reaction from Sarge2155 in N-400 January 2023 Filers   
    Nothing wrong with being overly safe. Each interview is unique anyway.
    I think most people just try to calm others in case they don't have a kitchen sink but just a bowl
     
    Good luck to your interview in a bit I am having mine!
  19. Thanks
    Lightbird reacted to Crazy Cat in N-400 January 2023 Filers   
    Hopefully, you will get the email telling you it is a combo interview!!!!    There really is light at the end of the tunnel....and it's not a train.  It's a beautiful land where USCIS is gone from your life!!!!
  20. Thanks
    Lightbird reacted to Sarge2155 in N-400 January 2023 Filers   
    Since the filing overlap for the I-751 and the N-400 is so close (1 year apart) we are going to take the entire 751 package, items after the filing of the 751 (these will also suffice as items for the N-400). The N-400  interview NOA states that if you submitted copies when you filed the N-400 online that you should bring the originals to the interview.
     
    @Crazy Cat stated that the IO they had for their combo interview specifically asked for items from the date of filing the ROC to the combo interview, so that's pretty cut and dry there and how we made our decision on what to take. Our local office is the same as Crazy Cats so we were tuned into that statement Crazy Cat made! Items we are taking to the N400 interview :
     
    Copy of the entire I-751 package (never know what USCIS has done with your original and it's better to have it and not need it, than to not have it and need it.) This is all in anticipation of having the Combo interview, also there are items inside the I-751 package we can use for the N400 interview too.
     
    Copy of the entire N-400 package submitted online (ALL Originals as requested)  The N-400 items will also serve as items from ROC filing to N-400 interview. I know its very confusing and a mountain of paperwork, but if its a Combo interview I will be there to help the wife navigate the ROC portion (which is the largest of the packages). The N-400 portion she will be able to manage by herself as it is a much smaller package.
     
    Might be overkill some will say, but this is OUR personal choice as I have learned to be prepared with USCIS throughout the years. We started this journey with the kitchen sink with the K1, no need to stop now as we might as well go out with the kitchen sink too! Since this will be our FIRST interview together, if it's a combo, (AOS was waived) we have little to no idea what to expect thus we are going to go armed to the teeth so to speak! Just sharing with you all what we are going to do, we understand to each is own so please respect that as we do!!!
  21. Like
    Lightbird got a reaction from Sarge2155 in N-400 January 2023 Filers   
    For sure. My initial I-751 was kinda thick since I front loaded stuff (3 bank accounts, credit cards, utilities, insurance, you name it). This time around I just trimmed it a bit for the N400 but still will be kinda thick, hell 15 months of our main bank account is already thick! But yeah I get what you're saying, don't want the IO to think to much on it just sing the papers and send me on my way!
  22. Thanks
    Lightbird got a reaction from paret3169 in I-751 December 2021 Filers   
    Got also a 48 month extension letter today. The status online still can't seem to update (can't retrieve information at this point error) and is still stuck at fingerprints.
    Hopefully that n400 will get it moving
  23. Thanks
    Lightbird got a reaction from SanjaAlex in N-400 January 2023 Filers   
    Good luck to you too!
    I am just bringing updated stuff for the last year like my bank accounts as far as updated proof of marriage goes. (Maybe I will print a couple utility bills too).
    It's not like anything has changed the past year haha.
  24. Like
    Lightbird got a reaction from Crazy Cat in N-400 January 2023 Filers   
    Good luck to you too!
    I am just bringing updated stuff for the last year like my bank accounts as far as updated proof of marriage goes. (Maybe I will print a couple utility bills too).
    It's not like anything has changed the past year haha.
  25. Thanks
    Lightbird reacted to SanjaAlex in N-400 January 2023 Filers   
    We're in the same boat here. Interview is tomorrow, never got anything about it being a combo but still hoping and taking all the I751 papers, and hubby will be going with me. Fingers crossed and good luck!
    FO is Kendall, FL 
×
×
  • Create New...