Please advise me. What should I do?

[mario16]

Hi
I got my first Green Card in January of last year. This October I was going to send my paperwork for the removal of condition. My wife just told me that she wants a divorce. She also stole all my paperwork that I colected over the years to send for my 2nd green card. I notified the police, but they can not do much since we are still married.
I was wondering if I should fight the divorce and try to explain that she is taking advantage of the situation(she told me on few ocassions that I can not get my papers without her) Or should I simply sign the divorce and try to apply on my own explaining the situation to the INS.
If I do sign the divorce papers should I have her sign me a letter explaining why she wants the divorce?

I would appreciate any advice.
Thanks
Mario

[madameclaws]

Sorry to hear about your case

Hello Mario,

Okay, so you're wife stole your papers and has filed for divorce.
The first thing that you should do since it sounds like you have a contested divorce is to get two lawyers: one for the divorce and the other for immigration. I know this is going to be expensive, but it is probably your best shot at getting your papers back from her and renewing your green card.
Has she filed for separation yet? If she has, save this document, and try to possibly collect a letter from her explaining why she is divorcing you.
As far as filing the I-751 goes. I just filled out the paperwork for myself and my husband, and there is a clause in there that says you can file by yourself if you can prove that the marriage was entered into in good faith and not for immigration. You do not necessarily need her to renew your green card.
There should be other things that you have collected over the years to prove that you and your wife were married under good terms. Do you have bills together? Do you have her as a beneficiary on your life insurance policy or 401(k) or other retirement plans? What about if you two have bank accounts together? Did you live in an apartment together? Did your phone, electric, etc bills have both of your names on it? Do you have receipts for gifts, vacations, or other things that you two did together?
The thing you have to realize that it is not impossible to get copies of these documents together to prove that you and your wife entered into your marriage in good faith. Most of the time you just have to call a customer service center and ask them to send you copies of these documents, and they won't contest it since you are authorized on these accounts as much as she id.
Don't you have pictures of you and your wife together digitally held somewhere? If not, there has to be pictures that were taken by other people such as wedding photographers, family, friends, etc that can show that you and your wife were married and happy.
I would say give it a shot to try and file your renewal. The lawyers will certainly help you, but the more leg work you can do before getting the lawyers, the less expensive it will be for you.

Good luck and let me know if you have other questions.

[madameclaws]

Sorry to hear about your case

Hello Mario,

Okay, so you're wife stole your papers and has filed for divorce.
The first thing that you should do since it sounds like you have a contested divorce is to get two lawyers: one for the divorce and the other for immigration. I know this is going to be expensive, but it is probably your best shot at getting your papers back from her and renewing your green card.
Has she filed for separation yet? If she has, save this document, and try to possibly collect a letter from her explaining why she is divorcing you.
As far as filing the I-751 goes. I just filled out the paperwork for myself and my husband, and there is a clause in there that says you can file by yourself if you can prove that the marriage was entered into in good faith and not for immigration. You do not necessarily need her to renew your green card.
There should be other things that you have collected over the years to prove that you and your wife were married under good terms. Do you have bills together? Do you have her as a beneficiary on your life insurance policy or 401(k) or other retirement plans? What about if you two have bank accounts together? Did you live in an apartment together? Did your phone, electric, etc bills have both of your names on it? Do you have receipts for gifts, vacations, or other things that you two did together?
The thing you have to realize that it is not impossible to get copies of these documents together to prove that you and your wife entered into your marriage in good faith. Most of the time you just have to call a customer service center and ask them to send you copies of these documents, and they won't contest it since you are authorized on these accounts as much as she id.
Don't you have pictures of you and your wife together digitally held somewhere? If not, there has to be pictures that were taken by other people such as wedding photographers, family, friends, etc that can show that you and your wife were married and happy.
I would say give it a shot to try and file your renewal. The lawyers will certainly help you, but the more leg work you can do before getting the lawyers, the less expensive it will be for you.

Good luck and let me know if you have other questions.

[mario16]

thanks for your input, it is very appreciate it

She returned some of the bills to me, few days ago. She kept the original file from the INS. And as you mention I can also call the utility companies to send me copies. We had an apartment for almost 2 years, bank accounts, credit cards( which I colsed the next day after she stole my paperwork)...I can get all those bills together, I also saved the pictures digitally...I am not sure she will want to sign me any kind of explanation letter, but I can try talking to her about it.
I do not believe she started the process of divorce. I was thinking if it would make a difference( for the INS) which one of us starts the process. I am almost sure our marraige will not be fixed. The trust is gone and I can not be in a marriage and not trust my wife. I can very well be the one who applies for the divorce. What do you think? Should I be the one starting the process or let her do it?
I also have a police report showing that she stole my paperwork.

Thanks

[indianinus]

mario16,

my first advice would be to fix your marriage. forget your ego for sometime and patch up with her. get some people close to you and her to reconcile. your case is 100% similar to mine.

if it is not possible, then a divorce looks inevitable. if you want to get your permanent green card, you have to get divorced from her so that you can apply on your own. if she is the one who is applying for a divorce, i think its a little better for you. at the time of divorce, get a point in your divorce agreement regarding the validity of the marriage. your divorce lawyer should make a good agreement on this point.

when the time comes to remove the conditions, go with a good lawyer and prove that the marriage was in good faith. collect all the evidences. do not leave any stone unturned. i am in the same boat as you, only difference is i am already divorced. we can only wish ourselves best of luck. a good lawyer will make all the difference. give your best shot.

get in touch with a good immigration and divorce lawyer or anyone who specializes in both. all the best.

this is not a legal advice.