worldcitizen

Here is your previous thread.

You state that "we married for the right reasons" and ask "can we file jointly and say that we are still working on our relationship".

http://www.visajourn...almost-expired/

That does makes you look like a vindictive wife

And as far as "not lying" goes... If USCIS catches you on a "change of heart" similar to the two threads you started... they certainly will presume that you are the liar. I hope your call to USCIS did not get recorded, because after you stated to them that marriage was bona fide, your testimony to the contrary can not be taken seriously. Oh wait, may be I hope your call did get recorded

wow.. people here are pretty rude when things turn bad in an immigration involved marriage. i didn't feel like posting my entire story like some people do. i just hope your relationship turned out better than mine. it seems like several are quite happy mine didn't last as i would have hoped. you see this thread was started months ago when i was very angry, and i've moved past that. i think you guys should too, especially considering it's not even your case.

doesn't matter why you divorced (at least in your case, sounds like) if he can prove he entered the marriage in good faith, then he is ok. you're trying to prove YOU exited in good faith, and no one cares about that. if its a failure of marriage just because (this is what you say btw) then who cares. why are you trying to stop him? don't lie. it will always bite you in the ####. people are not pets. choose wiser next time.

i am not lying and i wasn't treating him like a pet. i think your comment is off base and if you don't have anything that is going to help someone, then maybe you shouldn't comment.

What was the result of the call?

she provided me with the information i needed. basically, if we are living apart, explain that we are having a diffuclt time in our marriage, etc etc..affidavits should show how people know about our marriage. for example, my parents live in another city 500 miles away. i should detail when they last saw us, frequent phone calls, etc etc. if we file for divorce down the road before his application is approved, then they need to be notified, and he can change his application from joint to divorce waiver. it didn't really seem like anything is an issue. once the i751 is recevied, they issue a 1 year exenstion on his status for the application to be approved regardless.. if for some reason his case is not solved by then (due to pending divorce or whatnot) he can ask for an extension from a judge.

i don't have a lot of the evidence they are requesting. no kids, no joint property, etc etc etc etc so affidavits i think are even more important in our case.

my call got transfered to an officer and she was very helpful. the customer service people can only provide so much info. beyond basic info, you have to get your call escalated to an officer.

You probably could file jointly and then replace the original petition with a waiver... if you are indeed still trying to work things out. Important thing is that his petition should not be approved as joint if at the time of approval you filed for divorce or got a divorce already.

You may call the mis-information line, but they are not IOs, they are just a hired customer service. They hold no responsibility for what they say either. Better go for an InfoPass appointment and talk to a real IO.

thanks again for your help.

can we say that we are working on our relationship? i'm curious what they would think is appropriate. i was reading in the lifting of the conditions facts that you do not have to live together. you can be separated and still file jointly. (now of course, i cannot find that page on this site that i've read several times before)

another lawyer basically confirmed what the first one said. i am going to try to call the national center myself and see what they say.

you have a good point about how would usics would know if no one told them. i guess i was assuming that somehow government agencies would talk..... i guess i should know better.

we haven't filed for divorce. in california it takes 6 months and i751 is taking that amount of time in ca as well, so paperwork would time pretty evenly. by the time a RFE comes, divorce decree should almost be finalized or already finalized. i hear you get 87 days to return a RFE anyways.

what happens if you file everything joinlty, green card gets approved, and then you file for divorce later down the road? not a problem for either party?

i was looking at a sample cover letter for the i751 on vj, and it specifies living together. do i have to specify that we are or that we are not? he moved out 3 weeks ago. what i've read on this site looks like there isn't anything that would stop a joint petition based on living together. he would just need to do an address change and it would need to be specified in the paperwork.

hi all,

looking for some insight to my situation and i hope someone out there can help.

long story short, i am the usc and my husband is a conditional green card holder. he has approx 30 days left on his conditional green card to lift the conditions before it expires. we've been having a really rough time together for the last year, but have been trying to work it out. i've gone to a couple of different lawyers, he has too, and we're now trying to make the best decision without making things look fraudulent, as they are not. we married for the right reasons, and it's just not working.

so, anyone know any cases where there was a joint i751 filed and while it was pending a divorce was filed? what if divorce is filed after the i751 is approved?

my husband's laywer told him to file a hardship waiver since until recently i have been pretty unwilling to sign anything. i just don't want to be charged with marriage fraud because i haven't done anything wrong. this lawyer charges $3k for this his serves with this paperwork, plus filing fee, plus court fee (if needed). he does not go and secure any documents, but rather only puts them in a packet and makes a cover letter for $3k. what a racket?!!! i did the k1 visa and the aos paperwork myself no problems. i feel like this is an absorbent amount of money to charge anyone. when my husband tried to ask him different questions about filing jointly and divorce and how that affects everything, the lawyer pretty much avoided these questions. the lawyer refused to speak with me--even though i am willing to "compromise".i was advised that a hardship waiver is basically impossible to get approved, so i am fairly hesitant with this option.

i read on the usics website that if you file joint, you just need to send in the divorce decree when it's finalized an ROF has been sent for it. that seems pretty straight forward and not a problem. all the tools/info i could find support the green card holder and not the citizen, so i am a bit hesitant.

help please!

here is the info from usics

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

hi all,

looking for some insight to my situation and i hope someone out there can help.

long story short, i am the usc and my husband is a conditional green card holder. he has approx 30 days left on his conditional green card to lift the conditions before it expires. we've been having a really rough time together for the last year, but have been trying to work it out. i've gone to a couple of different lawyers, he has too, and we're now trying to make the best decision without making things look fraudulent, as they are not. we married for the right reasons, and it's just not working.

so, anyone know any cases where there was a joint i751 filed and while it was pending a divorce was filed? what if divorce is filed after the i751 is approved?

my husband's laywer told him to file a hardship waiver since until recently i have been pretty unwilling to sign anything. i just don't want to be charged with marriage fraud because i haven't done anything wrong. this lawyer charges $3k for this his serves with this paperwork, plus filing fee, plus court fee (if needed). he does not go and secure any documents, but rather only puts them in a packet and makes a cover letter for $3k. what a racket?!!! i did the k1 visa and the aos paperwork myself no problems. i feel like this is an absorbent amount of money to charge anyone. when my husband tried to ask him different questions about filing jointly and divorce and how that affects everything, the lawyer pretty much avoided these questions. the lawyer refused to speak with me--even though i am willing to "compromise".i was advised that a hardship waiver is basically impossible to get approved, so i am fairly hesitant with this option.

i read on the usics website that if you file joint, you just need to send in the divorce decree when it's finalized an ROF has been sent for it. that seems pretty straight forward and not a problem. all the tools/info i could find support the green card holder and not the citizen, so i am a bit hesitant.

help please!

i found this on the site for california social services:

http://www.dss.cahwnet.gov/foodstamps/PG841.htm#citizen

Citizenship/Immigration Status

Certain non-citizens such as those admitted for humanitarian reasons and those admitted for permanent residence are eligible for CalFresh benefits. Eligible household members can get CalFresh benefits even if other members of the household are not eligible.

CalFresh eligibility is available to most legal immigrants who:

• Have lived in the country for five (5) years, or
• Are receiving disability-related assistance or benefits, regardless of entry date, or
• Are children under 18 years of age regardless of entry date.

this makes me think that he would qualify for food stamps and other means tested benefits if he files a divorce waiver or hardship waiver with his i751.

thanks.

any idea how often people get food stamps and how often the government tries to collect on those? from what i am reading about food stamps in california, they can check your immigration status among other things to find out if you are qualified.

hi,

i have been reviewing the i864 affidavit of support paperwork. what is considered a means tested public benefit? how easy is it for a conditional green card holder to get these things? how often does the government agency come after the usc for reimbursement? any information would be helpful.

thanks!

no divorce has been filed. he refuses to sign the papers. his green card expires in 2 months. the divorce will not be completed by then. i am not necessarily going to "tip off" immigration, but it is my understanding if he violates his conditional green card's status he can be put in removal proceedings.

thanks for your answers.

does anyone know how fast removal proceedings are? he has pretty much made it blatantly clear that he has no intent on leaving the united states and intends on hiding out in this country. he has quit his legitimate job earlier this week without my knowledge until yesterday and is now working under the table. he accused me of cheating last night, which is not true, and packed his bags and left. he refuses to sign divorce paperwork. i'm just curious how often people are actually put in removal proceedings and the government is successful at it?

hi all,

i was wondering if anyone knew if it was possible for another usc to take responsibility for a conditional green card holder? i am trying to go through a divorce (immigrant husband is not cooperating) and his brother is a usc. i have no problems with my soon to be ex husband saying in the usa, but i do not want to be responsible for him. is it possible for his brother to take over his aos and help him with a permanent green card?

thanks in advance for your help!

i did everything in good faith, but i am not 100% sure if he has. it's a long and complicated story and i rather not post the very intimate details of my relationship. what i was trying to accomplish by filing a packet was to prove that i did everything in good faith, and the failure of the marriage was his cause-- good faith or not. why would i want someone to stay in my birth country that has caused me so much pain? he needs to go back to his birth country and start another life. i just want to know if anyone has filed a detailed packet of their relationship with immigration to say their side of the story and their experience.

thanks.

hi all,

i am getting ready to file for divorce. i am the usc and my husband has his conditional green card which expires june 2011. i was advised by an immigration lawyer to file paperwork with immigration to state all the things i did to have a good faith and the things he did or didn't that caused the break down of our marriage. since i am filing divorce in such a way that it will not be final before his green card expires, this move is basically to block him from filing a hardship waiver. the immigration lawyer i went to is top notch in the la area, but this service is $2000 through him. does anyone have experience sending a detailed account of your relationship/marraige to immigration for such a purpose?

thank you in advance for your help. it's sad that a lot of us are good people and seem to get swept up in marrying the wrong people.

hi,

i have a friend who lived in the us for about 3 years, moved back to his home country, and now is looking to immigrate to canada. anyone have any idea how to get a police certificate in this case?

help much appreciated.

recent advise from an immigration lawyer proved to be a bit upsetting. the immigrant has a lot of rights. if you file for divorce, he can file the waiver for the i751 and he does have to prove good faith, however, i got the impression from the lawyer i saw that this is fairly easy to do. if he can get his hands on some money, he can file this and he will get approved. my husband and i do not have kids, property, etc etc, and this lawyer said it would be very easy for him the prove the case for my husband, should he had contacted him before i did. if the waiver is approved, you are still responsible for the affidavit of support. there is no way of canceling this. the hardship waiver is much harder to prove, but then you have to divorce in such a way that it will not be final by the time the green card expires. good luck, it seems like a lot of people are getting screwed. it's not fair. it seems like the immigrant has more rights than the citizen.

good luck. it seems like a lot of good people are getting screwed by immigrant spouses. hope you find an immigration lawyer to give you advise about your rights and how to block what rights she has.

thanks all. i have been very sick the last three months, not related to my bad marriage. anyways, i appreciate the info and i have been doing my own research.

basically, if he goes for public assistance, i can be forced to support him.

if we divorce and he leaves the country and loses his conditional green card status, i will not be responsible for him.

my obligations are to provide immigrant spouse with income over 125% poverty level for 10 years, he becomes a citizen, or if he leaves the country after our divorce. i am the breadwinner and he makes minimum wage. he will not be able to survive in the us without me. i am hoping he will just not contest the divorce and go back to his home country, but i want to plan in case he does decide to contest and they grant him a regular green card. i want to know what i can do to protect myself. i have been documenting a lot of things. he hasn't become physically abusive, but he is emotionally, mentally, and verbally abusive.

ok i understand.

what is the best way to protect myself then? obviously i will look into legal advise, but curious if there is anyone out there with personal experience and how they convinced the immigrant spouse to leave and not get stuck honoring the Affidavit of Support.

sorry for the craziness that is going on in your life, and i am there with you. circumstances different but looking to file divorce. how do you pull your affidavit of support? is this even possible after you've received a conditional green card? any answers would be great. thanks everyone.

I notice that a lot of people here filed their own paperwork. After consulting two lawfirms and getting two different views of the pluses and minuses or working with them. I am about ready to try it myself. Are the I 129f and the I 134 the only documents I file initially? :innocent:Can someone give a quick rundown of their experience doing the paperwork themselves

hi angelus,

all the best to you, as this can be a very long and stressful journey. if you are thinking of filing a i129f, you will need to fill out that form and provide all supporting documents such as: your birth certificate, proof of meeting in person in last 2 years, proof of relationship, intent to marry for both you and your fiance, and g325 a for both you and your fiance. both of these forms are pretty straight forward and there are samples filled out here in the example forms. once this is processed, you will receive notice and it will be forwarded to the embassy of your fiance. then, notice will be sent to your fiance specifying which documents need to be sent directly to the embassy. at that time, you fill out the i 134, birth certificate of fiance, police records, continual supporting evidence of relationship, etc.

i know this whole process sounds way overwhelming, but unless you have some very unique circumstance (fiance has police record or something like that) then i do not see why you need a lawyer. i did all the paperwork myself, with the guidance of a friend and this website, and my fiance was issued his visa last monday, nov 17. the biggest advice i can give you is this: STAY ORGANIZED AND KEEP ANYTHING YOU CAN USE FOR EVIDENCE. you will never know what the embassy may ask for, so it's best to keep everything-- phone bills, chat logs, letters, emails, plane boarding passes, etc etc.

if you have any questions, feel free to pm me. i hope this helps you out. this website is a great resource and there are a lot of helpful people here.

best of luck on your journey. keep your chin up when it gets hard. we're all here for you.

allyson