divorce before green card renewal

[newacct]

[QUOTE=UScitizenFilingforspouse;549600]

2. Admitting during the interview that you are separated is a suicide mission.

According to this memo, page 2, it says that a jointly-filed ROC cannot be denied solely because the couple is separated and/or going through divorce.

Though a jointly-filed ROC filed while separated would required the spouse's cooperation (to file, and to attend interview if there is one), and it's unclear whether the spouse is reliable in this case.

[Angelo1]

[QUOTE=UScitizenFilingforspouse;549600][QUOTE=Angelo1;549562]

I have evidence cause until a couple of days ago she was leaving with me. According to the law this is abandonment, but it has to pass one year. And she agreed to file jointly with me for the removal of my conditions. But the point is when we have the interview she will admit that we are separated and still want to leave my papers. Guess this is gonna pose kind of some problems for me. It is like saying yes we did this for just papers if you are an outsider and hear this story. And it is 8 months till my GC renewal, many things can happen.

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It's hard to give you advice if you do not give us enough background on the situation. You could say there are some facts here, though:

1. Your wife can't be trusted. Even if she says now that she will file for removal of conditions with you, who is to say she won't change her mind in a few months?

2. Admitting during the interview that you are separated is a suicide mission.

3. Your situation is past the point of being able to make nice with your wife. Your best bet is to find a good lawyer and file for removal of conditions on your own.

I guess I do not understand what her deal is, though. Why turn on you like that? By the way, when filing for removal of conditions I-751, couples who present solid evidence of commingling of financial ties and evidence of planning for a future together, typically get the interview waived. However, at this point, it does not seem like that is an option for you.

As you said before she is not reliable. She said she wanted a divorce because was not happy. And in the other hand stop talking at me all at once. Removed all her stuff from our house. But assured me that will help me with my papers. My question is if I should start the divorce or she has to do that. I am currently enrolling in the army but cannot join until I get my permanent residence. But my dilemma right now is if I will get my GC at all. Facts are clear my friend. She just decided to abandon me. And really my in-laws were never really fond of me. So I guess I will just decide to go with a lawyer. I wanted to know if any of you guys have any idea if I should make her sign any paper that she voluntarily abandoned me but the marriage was genuine, before someone else convince her to do the opposite. Thank you so much for your feedback though

[UScitizenFilingforspouse]

[QUOTE=Angelo1;549622][QUOTE=UScitizenFilingforspouse;549600]

As you said before she is not reliable. She said she wanted a divorce because was not happy. And in the other hand stop talking at me all at once. Removed all her stuff from our house. But assured me that will help me with my papers. My question is if I should start the divorce or she has to do that. I am currently enrolling in the army but cannot join until I get my permanent residence. But my dilemma right now is if I will get my GC at all. Facts are clear my friend. She just decided to abandon me. And really my in-laws were never really fond of me. So I guess I will just decide to go with a lawyer. I wanted to know if any of you guys have any idea if I should make her sign any paper that she voluntarily abandoned me but the marriage was genuine, before someone else convince her to do the opposite. Thank you so much for your feedback though

"But she assured me that will me with my papers". See... that right there is a huge issue and does not meet the criteria of bona fide marriage under the eyes of USCIS. That is fraud. You are either married *happy or not, OR you are divorcing her when filing for removal of conditions. There is no in between. The only in-between would be if you two are separated but in counseling and working through marital issues. I would not trust your wife. She basically just told you that she would help you commit fraud. That's treacherous territory.

You did not ask her to leave. Ask an attorney, but it would make sense to me that she would be the one to file for divorce. You definitely have to find an attorney soon. A statement from her stating that you two entered the marriage in good faith would not hurt. I am not sure how much it would help. I read of a woman's case whose ex-husband submitted a statement outlining that the woman had entered the marriage just to get her green card. Long story short, USCIS started removal proceedings and the woman got a very good attorney, appealed the decision and I believe sued, as well. At the end of the day, that statement did not hold up in court. She ended up getting her green card.

Have considered immigrating to Canada? Do you have a profession? Degree? Just a thought. The US is overrated.

[Angelo1]

[QUOTE=UScitizenFilingforspouse;549626][QUOTE=Angelo1;549622]

"But she assured me that will me with my papers". See... that right there is a huge issue and does not meet the criteria of bona fide marriage under the eyes of USCIS. That is fraud. You are either married *happy or not, OR you are divorcing her when filing for removal of conditions. There is no in between. The only in-between would be if you two are separated but in counseling and working through marital issues. I would not trust your wife. She basically just told you that she would help you commit fraud. That's treacherous territory.

You did not ask her to leave. Ask an attorney, but it would make sense to me that she would be the one to file for divorce. You definitely have to find an attorney soon. A statement from her stating that you two entered the marriage in good faith would not hurt. I am not sure how much it would help. I read of a woman's case whose ex-husband submitted a statement outlining that the woman had entered the marriage just to get her green card. Long story short, USCIS started removal proceedings and the woman got a very good attorney, appealed the decision and I believe sued, as well. At the end of the day, that statement did not hold up in court. She ended up getting her green card.

Have considered immigrating to Canada? Do you have a profession? Degree? Just a thought. The US is overrated.

Essentially is not fraud. And it is my papers because she is a USC. Just dont know the actions that USCIS will take against me if it goes up to that point. As for an attorney, I am trying to find one before things get ugly. And I considered going in Canada but I already am obtaining my bachelor degree in the US after my first diploma from my home country was being denied.I also work as an electrician. working and studying full time. But this case you just told me about reassures me that maybe I have a chance of still obtaining my GC. And trust me if you like an easy life, Canada is good.

[UScitizenFilingforspouse]

[QUOTE=Angelo1;549638][QUOTE=UScitizenFilingforspouse;549626]

Essentially is not fraud. And it is my papers because she is a USC. Just dont know the actions that USCIS will take against me if it goes up to that point. As for an attorney, I am trying to find one before things get ugly. And I considered going in Canada but I already am obtaining my bachelor degree in the US after my first diploma from my home country was being denied.I also work as an electrician. working and studying full time. But this case you just told me about reassures me that maybe I have a chance of still obtaining my GC. And trust me if you like an easy life, Canada is good.

Well, "fraud" or "sitting in front of the ISO pretending to be a couple when you aren't one" are pretty close in nature. I am just saying that your wife's behavior is rather erratic and not dependable. You need a GOOD lawyer.
Who is your sponsor, by the way? Is it your wife? It just makes no sense.
I mentioned Canada because they have really good immigration programs. You can enter the country as a permanent resident based on your education and skills. People forget about Canada because it's so cold and it's up in everyone's business like the US, I suppose. I am in health care. For me to practice in Canada, it would take a good 30K investment in reciprocating my license there and 10 trips to Toronto for weekend clinical sessions. It's all done over 1 year. It's in our bucket list. First, I need my spouse to get a green card and then jump on the US citizenship wagon right away.

Anyway, best of luck!

[inadmissible]

See... that right there is a huge issue and does not meet the criteria of bona fide marriage under the eyes of USCIS. That is fraud. You are either married *happy or not, OR you are divorcing her when filing for removal of conditions. There is no in between.

The requirement is that the marriage was entered into in good faith. There is no requirement that the couple maintain marital union or marital bliss

[newacct]

See... that right there is a huge issue and does not meet the criteria of bona fide marriage under the eyes of USCIS. That is fraud. You are either married *happy or not, OR you are divorcing her when filing for removal of conditions. There is no in between.

Legally separated or undergoing divorce (as long as the divorce is not completed) *is* married, and conditions can be removed. It is not fraud. See the memo I linked earlier. See the "Jointly Filed Petitions" section on page 2-3.

INA 216(c)(3)(A) and (B) and 8 CFR 216.4(c) provide that U.S. Citizenship and Immigration Services (USCIS) may approve the I-751 petition and remove the CPR's conditions if:

* The CPR and petitioning spouse (unless deceased) jointly file an I-751 within the 90 days immediately before the two year anniversary of the date the CPR obtained permanent resident status;
* The CPR and petitioning spouse (unless deceased) appear for an interview; and
* USCIS determines the following facts are true:
* * The marriage was legal where it took place;
* * The marriage has not been terminated;
* * The marriage was not entered into for the purpose of procuring permanent resident status; and
* * No fee (other than to an attorney for filing assistance) was paid for the filing of the underlying I-130 or I-129F.

The statute and regulations require approval of the I-751 petition if the above conditions are met. USCIS may not deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings.

[UScitizenFilingforspouse]

The requirement is that the marriage was entered into in good faith. There is no requirement that the couple maintain marital union or marital bliss

That's exactly what I just said...

[UScitizenFilingforspouse]

Legally separated or undergoing divorce (as long as the divorce is not completed) *is* married, and conditions can be removed. It is not fraud. See the memo I linked earlier. See the "Jointly Filed Petitions" section on page 2-3.

You should read that memo all the way to the last line. If a I-751 is filed while legally separated or pending divorce proceedings, the ISO is supposed to issue an 87-day RFE which should allow for the proceedings to finalize. If he's able to show the divorce was finalized, then he will qualify for the waiver to file the joint petition for removal of conditions. If the conditional permanent resident (CPR) does not respond to the RFE and it cannot be established that the divorce has finalized then both, the US citizen and CPR are called in for an interview. Bet your life on getting a Stokes interview. I am paraphrasing here but that is a more accurate picture of what the memo states.

Read the entire memo. You can't just excise one sentence and use it out of context. People take what is said on this forum like it's the bible. I am not accusing the gentleman of fraud. If anything, I am raising issues that maybe he hadn't thought about. I think I am doing so respectfully, as well.

[newacct]

You should read that memo all the way to the last line. If a I-751 is filed while legally separated or pending divorce proceedings, the ISO is supposed to issue an 87-day RFE which should allow for the proceedings to finalize. If he's able to show the divorce was finalized, then he will qualify for the waiver to file the joint petition for removal of conditions. If the conditional permanent resident (CPR) does not respond to the RFE and it cannot be established that the divorce has finalized then both, the US citizen and CPR are called in for an interview. Bet your life on getting a Stokes interview. I am paraphrasing here but that is a more accurate picture of what the memo states.

Read the entire memo. You can't just excise one sentence and use it out of context. People take what is said on this forum like it's the bible. I am not accusing the gentleman of fraud. If anything, I am raising issues that maybe he hadn't thought about. I think I am doing so respectfully, as well.

I did read the entire memo. It says that if at the interview ISO determines that the four required facts are true, the ISO approves the I-751 petition and removes the CPR's conditions. Which is exactly consistent with what I said.

[krypton9591]

Legally separated or undergoing divorce (as long as the divorce is not completed) *is* married, and conditions can be removed. It is not fraud. See the memo I linked earlier. See the "Jointly Filed Petitions" section on page 2-3.

You should read that memo all the way to the last line. If a I-751 is filed while legally separated or pending divorce proceedings, the ISO is supposed to issue an 87-day RFE which should allow for the proceedings to finalize. If he's able to show the divorce was finalized, then he will qualify for the waiver to file the joint petition for removal of conditions. If the conditional permanent resident (CPR) does not respond to the RFE and it cannot be established that the divorce has finalized then both, the US citizen and CPR are called in for an interview. Bet your life on getting a Stokes interview. I am paraphrasing here but that is a more accurate picture of what the memo states.

Read the entire memo. You can't just excise one sentence and use it out of context. People take what is said on this forum like it's the bible. I am not accusing the gentleman of fraud. If anything, I am raising issues that maybe he hadn't thought about. I think I am doing so respectfully, as well.

read it clearly UScitizenFilingforspouse "The statute and regulations require approval of the I-751 petition if the above conditions are met. USCIS MAY NOT deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings."

[UScitizenFilingforspouse]

read it clearly UScitizenFilingforspouse "The statute and regulations require approval of the I-751 petition if the above conditions are met. USCIS MAY NOT deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings."

Correct. USCIS may not deny a petition solely because of those two reasons. The paragraph does continue to state "However, legal separation or initiation of divorce or annulment proceedings may suggest that the CPR entered into the marriage for the sole purpose of procuring permanent resident status."

You are oversimplifying the process. If that helps you understand it, suit yourself. I read the entire memo and there's a lot more to it. Odds are against the CPR when it gets to this point. Hopefully, OP reads it on his own and forms his own opinion.

[Angelo1]

[QUOTE=UScitizenFilingforspouse;549664][QUOTE=Angelo1;549638]

Well, "fraud" or "sitting in front of the ISO pretending to be a couple when you aren't one" are pretty close in nature. I am just saying that your wife's behavior is rather erratic and not dependable. You need a GOOD lawyer.
Who is your sponsor, by the way? Is it your wife? It just makes no sense.
I mentioned Canada because they have really good immigration programs. You can enter the country as a permanent resident based on your education and skills. People forget about Canada because it's so cold and it's up in everyone's business like the US, I suppose. I am in health care. For me to practice in Canada, it would take a good 30K investment in reciprocating my license there and 10 trips to Toronto for weekend clinical sessions. It's all done over 1 year. It's in our bucket list. First, I need my spouse to get a green card and then jump on the US citizenship wagon right away.

Anyway, best of luck!

Thank you so much. I am sorry for the late reply. But some new updates. She started withdrawing money from our mutual bank account and right now I need to find a really good lawyer before it takes my case. I dont know if my status will be really in jeopardy, watching the last day events. Thank you all for you advice. And if you have any more suggestions, and know from other similar cases please let me know.

[Tham1216]

Divorce and Green Cards

I have a question. I'm a 31 year old U.S. born Citizen. My boyfriend is Jamacian. He came here 2 years ago met someone they got married Feb 2017 she flipped the script on him and he moved out 3months after they got married. I met him 5 months later and he has told me about her. They are still married she said she would file for him to get his green card. They're almost at the 1year and a day to get a divorce. He is worried about being deported as his visiting visa has expired. He doesn't want any dealing with the woman and we can't get married until he is divorced. She is making it seem like she can only file for him. I've never met the woman but he doesn't have kind words about her. I suggested he go ahead and divorce her and marry me. Then I could file. his concern is if he sticks through with their marriage he can get his papers but that sets me and him back 3-5 years it looks like from reading the posts. She's saying she will file for him in March but they haven't lived together since May and he and I started dating in October. Anybody have any thing on this twisted dilemna?

[pmf123]

I am so glad my interview took 2 years and 2 months, didn't have to deal with temporary green card at all