3600rs

Hello everyone,

I am going to file for divorce form my husband (usc). We got married in sept 2008 and I had my green card in may 2009, by august he went to our home country (Haiti)to visit his family by the time he came back I have learned that he was involved with a girl...when I questionned him he denied it....we talked about it. I decided to trust him and moved on with our lives and forgive but december he went back to his old demons and cheated again.....

Here the evidences I have now :

Lease for 08, 09

Tax transcript for 08

Utilities bill with both names

Return from the IRS with both names

3 affidavit from friends and family

Cards and letters adressed to us same adress

Official doc adressed to him at our adress

Official doc to my name same adresss

Did not have time to take a copy of his driver license before he moved out

No joint account( because he owes money to the bank and his name is on national database and the bank repocessed his car for non payment).I intent to explain when I decided to file for ROC after my divorce is finalized.

Thank you for taking a look at my evidences.

give what you have, if they have concerns u will get a RFE, in extreme cases an interview.

went to my attorny taday and He told me that I-551 stamp on passport is not guarantee to reenter usa.there are more chance that they let you enter but in case if they check your case history and found your status was terminated then may be will not allow you to enter.He advise me that avoid to travel for safe side as he can not give me guarantee to reenter and in case of permission denie he can not do nothing about my case.

After that I also called to cis office @ JFK air port and asked them same question. one of cis officer told me just follow the advice of your attorney, as a refrence he told that they have same case today like me @ jfk air port and that person had hard time he spend few hours @ air port and also depend on uscis that if they put any note on your case/file in that case stamp can not help you.

thats why finaly i have decided that I should not travel ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,

Your lawyer certainly knows more since he is your legal expert and is right by being cautious.

And BTW..the USCIS can terminate your status if denied, but the immigration courts have the ultimate jurisdiction. Do you know you are eligible to get the stamp even if your 751 is denied. Only an immigration judge can strip u of your status.

You are a permanent resident till the Immigration Judge says otherwise.

I went to My local D/O office today. and finaly I got I-551 stamp on my passport for one year,According to stamp and Io officer I can travel and work until my application is pending. If case is denied before that time this stamp will expire. I asked from Io officer about my pending I751 appliaction, she said that its only 4 months since you applied may be you will be calles for interview or approve with out that. And all she can see in system is they are working on me case and until now no decision has been made yet. I also asked IO office that if I go out of country and in case, if my aplication deniey can I re-enter to usa with this stamp? She said may be then you can have problem at that time.

I have filed my I751 in december 24 2009. now I am confused wat to do? should I travel or not I realy missed my family there. thats why I got appointment from my attorny tomarrow to get advise.

I know in this form lots of experienced ppl giving advises to ppl like me, so plz help me wat should I do now?

thanks

May Allah Bless you all

As I have told you earlier your good to travel and work as long as your application is pending. Even if you get denied, they will first take you to secondary inspection, you will be most probably give you an entry for refiling or having your day with the immigration judge. In practice only people with criminal backgrounds of certain type could be denied entry.

It is common for 751 applicants to travel during the process, and if cases are denied during travel they will be able to enter to refile/reconsider/reopen or even meet the immigration judge.

In addition, if the denial is based on some offense that makes you inadmissible, then you will not be allowed to enter....Like the other poster said.

Not really what I was hoping for in the mail today, but anyway...

I've been thinking about what else I could possibly send to USCIS on top of what I thought was enough, and I don't want to come up short this time, but I am short on ideas.

First, a quick bit about our situation: we live with my mother-in-law, so there is no rent, mortgage or utility bills that we can show. We own a car but I'm not on the title because we took out a loan when we got the car, and because I have no credit in this country, the loan was denied with me on it, so we had to put the loan in her name only in order to be approved. Therefore I'm not on the title.

With our petition, we already sent the following pieces of supporting evidence:

- Copy of our joint tax return for 2008

- Copies of a few bank statements which show that we hold several joint bank accounts

- Copies of both our driver’s licenses, which show the same address of residence

- Copy of our health insurance card, with both of our names on the same policy

- Copies of our joint credit cards, which show both our names and same credit card number

- Copy of a company-provided life insurance policy, the beneficiary of which is myself

- Copies of a few of the her monthly student loan installment checks we sent recently, showing both our names on the checks; although the address is our old one, the check book is still in use, and I'm the one signing the checks

- Original affidavits by U.S. citizen relatives and friends, attesting to our relationship and marriage

All I can think of is copies of the collection of bank statements we've been getting every month since 2007. It'll make for an impressive pile of papers but it's not very substantial... I've been poring over various threads here and the FAQs and nothing has really jumped at me that I can send but haven't.

Do you have any suggestions?

Thank you for reading.

Do not stress at all. RFE is not even close to a denial. You have 2 options, give them everything again with a polite letter, or give them everything again with something additional.

In the worse case scenario you will be called for an interview with a very slim chance. You will be approved at the end.

485/765. likely he was here on student visa, married an American, and was granted 10 year on basis of more than 2 years marriage.

Thanks.

ur post and signature doesn't match. How can u get a 10 year card when ur AOS was in 2.2009?

Well the OP has got enough to digest by our tirade of conflicting views. Whatever she decides hopefully ends in her favor.

Peace.

so them he can get some co-sponsors and apply for his "real wife"?

Geez get a grip. Real wife? The OP has not admitted that she was the fake wife. As usual your habituated to shooting off target. Focus and shoot a solution to the posters problem on target. Dont look north and shoot south.

In her previous topic, you can clearly see her anguish in being possibly 'duped' by a guy who is putting her thru hard emotional pains. Money comes and goes, but to have to live with someone like that is not worth all the money in the world, imo.

Money does not come and go when recession looms over our heads and joblessness at our doorstep. "Duped"? You imply sham marriage...No, this is a legit marriage going sour because of laziness and other problems best known to the poster.

Furthermore, what you're suggesting is that she remain his wife purely for her financial benefit...she is obviously in pain, he is at the very least emotionally abusive, and yet you suggest to her that she remain married to him on the off chance he decides to go for citizenship. So should she sleep with him too? After all, if we're talking financial benefit, that would certainly be in her benefit to have a 'happy' husband.

You have a penchant for whining and continuously attacking an opinion presented to the poster mostly at the end. I respect your views, why dont you address your issue to the poster directly. That way the poster has a choice of well presented discussion. You have a valid point, but validity doesn't mean efficiency.

so yeah, I'm not one to tell people to stay in marriages based on a few posts. She says it's over, so it's over. What happens now is damage control, but imo, selling a few years of her life to this creep is not the answer imo.

Selling few years? Understand he is months away from citizenship, which he may never apply for, and still get a celebrity lawyer to sue her continuously for years. Use your head sometimes when your heart dominates.

Well, sometimes we just have to suck it up, basically.

What your saying is that a quick divorce will work in favor of the poster? Am I correct. Geez...you brought up a strong moral issue with your post..I thought you'd champion the poster to go for counselling and fix her marriage..thats more morally correct.

Advising someone to stay married purely for the purpose of circumventing the agreement she willingly entered into w the gov't so that she can essentially pawn this loser off on the rest of us is just wrong.

Its adhering to and not circumventing the agreement to remove the burdensome loser from the OP quickly. After citizenship everyone(you included) gets pawn off from the original I864 onto the rest of us. So the rest of us pay when you have an no health insurance, when you don't have work.....the list goes on. I hope I have clarified your own point for you.

Let alone, I'm sure the OP feels her happiness is worth more than that.

Her happiness and concerns are tied with the financial responsibility, you can read it in her first post.

What is my next step? Since he is already in India, can I proceed w/ filing for a divorce when he is there? My state does not allow no-fault divorces, so I will have to file on the grounds of cruel and inhuman treatment. CAN ANYONE HELP PLEASE?

What you describe is a picture perfect nasty example of a dominating macho male displaying his eastern values in the west. Those eastern values are then compounded with culture and family upbringing resulting in a very toxic unbearable menacing atmosphere. Immigration is well aware of such drastic cultural changes within the same race which lead to a divorce. A textbook example. What you define as cruel and inhuman is usually the way of life in their home countries, non aggressive males are looked upon as non-macho.

Great news is that he is away. Isolate yourself from him completely; financially and physically. Contact the pro bono society of your county and work towards getting a quick hassle free divorce. Also get a restraining order for him.

From the immigration stand point he should be Ok, the marriage is perfectly legit from what you describe. Its just a matter of east-west friction.

I'm sorry, but I disagree morally with 3600rs advising to stay married...that's just so wrong.

Dont be sorry, disagreement is common, by far banal. Well, then what do you agree on or any novel "morally strong and financial safe" suggestions to the posters problem?

great post as usual Jim, thanks

BenSherif,

Denials take place because the case is weak to approve, or under rare circumstances its an inexperienced IO who takes on a complicated file which is different from the usual protocol he has been trained for. So, yours could be the second reason. In that case the file would go to another IO for finalization.

All you can do is wait with hope. This is a capitalist country, on one takes the bus home, they just end up paying to stay.

it was denied since july 2007 but i appeal on august 2007 since then THE IO put the case on the shilf for 2 years until i contact the white house .then the IO adjidicate my case have 1 week to forward the case to HEAD QUARTER for THERE RECOMANDATION because he is stuck with that bunch of evidence he is afraid to aprove it because my be want give my aproval to someone else .because he only have 2 U TURN WHERE YOU COME FROM VISA ( u) .then he send the case or recomandation he need adivise he is not know how to adjiducate i-360 i swear to god .he need advise and someone to told him to aprove or deny the case he is stcuk but i am the loser for those years .the officer have his wife and kids and house and car and bed to sleep after work .but i only have allah .

that why i told you to send much eveidence you can because just few visa ( U ) turn where you come from left .is for woman only 95 % aproved men 25 % .

Ben, Allah balances scales in mysterious way. Seems your surprised with the 95 percent VAWA approval for women. This is the US and not your country of citizenship where you "probably" used to see 95 percent of women suffer all kinds of hideous atrocities. Now is time for you to get used to seeing 95 percent approval for women.

A delay in processing often means the IO's inability to approve. Approvals are given rapidly, denials are damaging to the alien who will be then a subject of removal court, so a denial takes time as it has to be drafted with care and signed by the director. Fear not, this is mere observation, it may or may not have to do anything with your case. All cases are unique.

Thanks BobbyUmit.

I also notice the OP said that remarriage means her I-864 is cancelled so I thought I should directly answer that.. no it doesn't. If he, or you, remarry, you are still responsible for the I-864 until any of the conditions previously mentioned by "3600rs" (post 6) are achieved.

I do not really know the finer points of the I864 with regards of him getting married to another USC. Its reasonable enough to assume that a new USC spouse would sign a new I864 voiding the old 864. But then again I864 are comes into picture during Adjustment, in this case adjustment of status is over and the 10 year green card approved. It would be helpful if someone can educate us about the I864 under such circumstances. Also what happens if the USC get married again...IS she responsible for 2 I864's then?

Thanks

PS. Stop talking to him and just file for divorce. He is tormenting you and probably wants either money out of you or a US Passport which he can apply for if you dont divorce him. Where is this ####### from anyway?

Where is he from is not relevant... Laziness is a citizen in every country! He got is 10 year green card and will be ready for 3 year citizenship soon..maybe this year or the next. Do not divorce him and prolong his citizenship. Stay married, give him his citizenship and then divorce him.

your I864 ends with fulfilling one of the below:

1. working 40 quarter credits. Thats lots of work when laziness is a virtue. NOT POSSIBLE

2. he dies. he could blame you for his death. NOT POSSIBLE

3. He abandons the green card...he is here to stay. NOT POSSIBLE

4. he is removed from the US....I dont see a non criminal leech being removed. NOT POSSIBLE.

5. Becomes a USC....POSSIBLE!

Divorce will not end your 864 obligations, on the contrary it will extend them by 2 additional years. Hopefully he is intelligent and hardworking to pass the citizenship exam. If he is notoriously lazy then you are looking at a good night sleep only till be gets US citizenship.

I am getting ready to file for divorce. Hubby has already said he will qualify for food stamps on his income (like his buddy). (He just received his 10 year green card after lifting conditions.) This is true, but does that mean I am going to have to pay back the government if he gets food stamps for the next 5 years? Please advise if you have any info. I know my obligation stops for citizenship, remarriage, death, or leaving the country. BUT he could milk this for a long time to come. He is perfectly able to work, but still does not make much income. Help!!!

I have rarely seen the government coming after the USC because of benefits used by the ex. But there have been cases where the ex has pulled the USC to court for the I864. Although thats in the legal contracts court and not immigration court. I wonder what ICE will do...getting food stamps and not making enough income are not immigration offenses. With conditions removed, 10 year green card in hand its best for you to encourage to become a USC ASAP. Once he is a USC throw of that leech from your skin! Or else your in for some never ending milking. Citizenship will make him more lazy milking of the government and not you.

bobanna:

Very good post. I agree to you completely. Just mere coincidence, I was a Shipping Engineer right after school, and my crew was Phillipino.

In addition to the above; USCIS is aware of both sides of the story. One where the USC could play the marriage fraud card to seek revenge, and on the other side how the alien spouse could have a fraud scheme to dupe the USC. If the marriage breaks down with a USC instead of an Alien then no one shouts marriage fraud.

Am so sorry to hear this, if thats what she is really up to, You need to look out for yourself and be the smarter person.

Get irrefutable evidence,(intent can be challenging to proove) talk to professionals - a PI ,lawyer, USCIS near you.Try have reliable witnesses when she reveals her intentions

Research options as per your finances - if she ends up with 250,000USD fine for visa fraud, you dont want to be involved with that!!!

Dont think you shld ask for a divorce just yet, perhaps thats what she is setting you up to do. Wait and accumulate evidence!!!

She needs a LOONNGGG rope to hang herself with b4 the 90days to your 2nd anniversary.

Even if she cant get deported, it should be possible to have her flagged so that she cant EVER naturalise and even as an LPR, all her imigrant petitions are denied!

It might be hard to be calm and calculating while you have been so betrayed, but you have to be to protect yourself and have the last laugh!!

The USC needs all-conclusive irrefutable pure evidence of her fraud, something that was preconceived and preplanned. They knew each other before marriage, they consummated the marriage, and she fell out of love after coming here. There is no fraud involved. As long as she had good faith intent at the time of marriage she will be fine. Only fraud can get her deported, and that requires high quality evidence, or it will be looked as another sour spouse syndrome. Delaying her divorce will be looked as abuse and cruelty by you, another basis to apply for a waiver without a divorce decree. She can sue the USC with the I864 legally in court for expenses. Flagging the case will lead to delays with more scrutiny but without unilateral fraud evidence there is nothing much the USC can do. A complaint of fraud effects future applications made by the USC.

Hate to be devils advocate. Question to the betrayed OP: What proof of fraud you have apart from what you have mentioned in your first post?

my wife arrived 3 months ago on a CR1 visa..she got her SS# and temporary green card. now she wants to leave me. she says she is unhappy with not finding work and wants to go live with her filipino friends in other states. her friends, instead of telling her to stay with the marriage...are trying to get her to live with them and find work there. my wife claims i can't support her which is bullshit! she is using that as a excuse to leave me. she says we can still be married and she will work why there and contribute to our marriage. i say it's marriage fraud and told her if she leaves this marriage, i will divorce her. what will happen if i divorce her before her adjustmant of status in two years? I need a experts opinion on what i should do and my options...i would like to have her deported if she leaves me...since i believe its marriage fraud. thanks

Marriage fraud or not will be decided by USCIS depending on her good faith evidence and your proof of fraud. It will be a battle of documents at the end.

We are not talking about bitter complaints, feelings of rejection, word of mouth evidence and whispers. Immigration doesn't care why your wife left you, she has her green card and her conditions will be removed based on her good faith evidence. You can always give your part of the story along with evidence to your local USCIS. Immigration fraud call for permanent bans from the US, you need high quality evidence of fraud. If not, she will eventually win and stay here permanently.

Keep your assets safe ASAP! Run dont walk.

My whole file was around 1.5 inch. Pick the important files that can be the evidence of your faithful marriage. Explain your situation. Explain why don't you have some Certain evidence they suggested. That should do it. However, it also depends on the officer who reviews your petition.

Its the quality and not the quantity that is seen. You could have 1000 pages of cloudy evidence to confuse the USCIS, or you could have 10 pages of convincing evidence to satisfy the USCIS. Suggestions are important, but remember they are suggestions and not demands. If the officer is not satisfied you'll get an RFE. So, yes it depends on the officers, some are satisfied easily, some are not.

No "crazy scheme" is necessary. The new law does not require the widowed alien spouse to be in the US. In fact, it doesn't even require the deceased US citizen to have ever petitioned for an immigrant visa for the spouse. They file an I-360 petition based on being the widow of a US citizen. If the I-360 is approved, then they are eligible to apply for a visa.

I-130's filed before the US citizen died are supposed to be automatically converted to I-360 cases, as soon as USCIS learns about the death. However, there is a two year window after the bill's passage for USCIS to get caught up, during which the widowed alien spouse would still have to file their own I-360.

Note that an I-360 petition requires proof of good faith marriage.

There's an article on the ILW website about this:

http://www.ilw.com/articles/2009,1105-renison.shtm

EDIT: Sorry about the broken link, but the new forum software apparently takes a dim view of URL's with commas in them. Copy and paste the whole thing into your browser's address box.

The link below may not be directly helpful to the OP but its a helpful case for a widow.

http://www.justice.gov/eoir/vll/intdec/vol25/3670.pdf

great posts Jim as usual. thanks