Alien divorce USC

[Traditions Way 0]

What is the chances of being successful in applying for I751 with a waiver if the alien spouse was the one who divorce the USC spouse?

[diadromous mermaid 36]

What is the chances of being successful in applying for I751 with a waiver if the alien spouse was the one who divorce the USC spouse?

It used to be, before the Immigration Reform of 1986, that when states required sufficient "cause" as grounds for divorce, (now most states honour no-fault grounds) there was what was referred to as a "Race to the Courthouse" as the alien was required to initiate the divorce in order to be able to claim that removal from the country would be a hardship.

Now, with no-fault laws honoured by many states it is impossible to determine cause for the marriage termination and as such it does not matter which party initiates the divorce.

[tito 1]

What is the chances of being successful in applying for I751 with a waiver if the alien spouse was the one who divorce the USC spouse?

I would sort of hope that, if the alien came here on the good graces of the efforts and time and expense of a US Citizen, and they didn't like the relationship, rather than wanting to become a citizen, the immigrant should consider returning to their country of origin on their own, or be deported. Sorry...but if things didn't work out with your ticket to the US, have some pride and move along. Or contribute something substantial to the society or economy or well-being of the US, in some way...certainly don't be a fiscal charge.

[KarenCee 3]

What is the chances of being successful in applying for I751 with a waiver if the alien spouse was the one who divorce the USC spouse?

I would sort of hope that, if the alien came here on the good graces of the efforts and time and expense of a US Citizen, and they didn't like the relationship, rather than wanting to become a citizen, the immigrant should consider returning to their country of origin on their own, or be deported. Sorry...but if things didn't work out with your ticket to the US, have some pride and move along. Or contribute something substantial to the society or economy or well-being of the US, in some way...certainly don't be a fiscal charge.

Why should the OP automatically consider returning to their home country just because the marriage didn't work out? Do you presume to think the OP only wanted a ticked to the US? Then you suggest that the OP contribute to society or to the economy...how else do you propose that one do this without lifting conditions? Sounds like you're making a judgment call where none was asked for. But then, that's VJ for you.

To the OP...I hope you have a competent family law attorney, one who can answer these questions for you. I'm sorry things have not worked out for you...best of luck with whatever you decide.

[Traditions Way 0]

Thank you guys for all your replies, I appreciate it. I just cant stay married and be miserable.

[tito 1]

"Sounds like you're making a judgment call where none was asked for."

Absolutely. When the basis for the immigration is marriage, and the marriage didn't work out, then why should the immigrant have special standing to seek citizenship? The process should not be unlike that for any other person from overseas seeking citizenship, a green card, or whatever.

Each party to a relationship has a responsibility to and for the relationship. The issue of citizenship is ENTIRELY different from the issue of marital bliss. And they are ABSOLUTELY NOT inter-related. Just because an alien marries a USC and comes here on that basis, are you saying that they should have special consideration for the purposes of a green card and/or citizenship? What about the tens of thousands of OTHER potential immigrants who DIDN'T get married and that way get a ticket to the US? Why should the unhappily married immigrant have any greater rights?

Judgment? YOU BET! That's why the immigration process is so difficult. There are so many people who want to come here, and just because they hooked up with a citizen who ended up marrying them does not bestow upon them any greater rights than any other immigrant.

[KarenCee 3]

But you have NO idea what the circumstances are in the OP's marriage. How can you lay claim to all that you've posted when you know nothing about their marriage???

[tito 1]

The circumstances of their marriage are TOTALLY irrelevant. Once again...the issue of marital bliss does NOT have anything whatsoever to do with legal immigration. If it were the case, then marriage would be an automatic ticket to immigration. And that's NOT the case! A green card is NOT guaranteed, and if the marriage doesn't work out and the immigrant doesn't yet have the green card, well, too bad. The immigrant is no longer entitled to ANYTHING by riding on the coattails of the marriage, good, bad or indifferent.

Look: if the marriage was the basis for immigration, and the marriage didn't work out, then the immigrant must figure out another way to get their green card. End of story. In my view, an alien shouldn't get a green card just because of some sad story about a failed relationship. Didn't work out? Back to square 1. Marriage is not an automatic ticket for a green card. Period.

Unfortunately, you are confusing the two issues: first, there is the marriage, and immigration based on the marriage; then, there is the issue of immigration if the marriage didn't work out. One has nothing to do with the other...the big issue is immigration and green card...it can be satisfied if the parties are married, and by way of the marriage, adjustment of status is reached. But if there is a dead end there, that's too bad. If the alien wants a green card, they go through other processes. Does that make sense?

[diadromous mermaid 36]

What is the chances of being successful in applying for I751 with a waiver if the alien spouse was the one who divorce the USC spouse?

I would sort of hope that, if the alien came here on the good graces of the efforts and time and expense of a US Citizen, and they didn't like the relationship, rather than wanting to become a citizen, the immigrant should consider returning to their country of origin on their own, or be deported. Sorry...but if things didn't work out with your ticket to the US, have some pride and move along. Or contribute something substantial to the society or economy or well-being of the US, in some way...certainly don't be a fiscal charge.

Hold on a second, the OP asked what are the chances of being successful "removing conditions" from the conditional green card. The alien does have the right to finish the immigration process without the US spouse in the event of divorce, once a condiitional green card has been awarded.

Absolutely. When the basis for the immigration is marriage, and the marriage didn't work out, then why should the immigrant have special standing to seek citizenship? The process should not be unlike that for any other person from overseas seeking citizenship, a green card, or whatever.

Well this contraverts the statutes (the INA) and that is the legal foundation for immigration!

[mtracksport 0]

Who said anything about being a fiscal charge?? Just because the marriage did not work out as YOU would have it, doesn't mean that the marriage wasn't entered into in good faith. people change, and sometimes it is better to divorce than to stay togeter. there are provisions in the law that are there to keep one party or another from using the green card as leverage to keep ones spouse in line as it is often referred to . that is why the majority of the states have " IRRECONCILABLE DIFFERENCES " as a cause of the divorce. in no way should a divorce have any basis for a green card denial. EXCEPT IN CASES OF FRAUD , if the alien spouse divorces in 1 or 2 weeks of approval, then it MIGHT make a difference . but it takes alot to prove it. not just saying it is fraudulent. AL

[Jasman0717 9]

Thank you guys for all your replies, I appreciate it. I just cant stay married and be miserable.

Nope Is your husband's name Mike

[tito 1]

"Well this contraverts the statutes (the INA) and that is the legal foundation for immigration!"

How so????? If someone starts the immigration process on the basis of a marriage, and the marriage doesn't work out, why on earth would the initial basis for immigration be the mainline for a green card? The immigrant is not unlike any other seeking a green card.

For example, the premise is that you are able to get a green card if you meet all the requirements for immigration secondary to the marriage (and not even that is a guarantee!). If the marriage falls apart before you get a green card, what special rights obtain?

mtracksport does make a good point, though. The problem I have is that there is much room for manipulation when an immigrant wants a green card - and once they get a foot in the door, why should the failed marriage afford the immigrant any more special status that any other immigrant might have, just because of a marriage? The "public charge" aspect concerns the Affidavit of Support, and the extent to which a sponsor must ensure that the immigrant maintains a minimum poverty level with respect to charges incurred for certain public services. The affidavit of support is not an open checkbook by any stretch of the imagination, and only requires the sponsor to pay for certain services. Despite some of the cases referenced where the affidavit of support was used to determine spousal support, it's really NOT such a guideline, and was not intended as such. Plus, it is MY contention that an immigrant should demonstrate some benefit to the society of which he or she wants to become a part, or make some sort of showing that they can support themselves. I have heard that Canadian immigration policies have such a basis.

Edited January 31, 2008 by tito

[StillThePrettiest 3]

speaking not about the ins and outs of the law (which others know, and can speak about, far better than I), but from another viewpoint -

the immigrant IS unlike any other seeking a green card, if they left their entire life behind, closed bank accounts, quit jobs, spent pots and pots of cash on the whole dire process and airfares and shipping and whatever else... it's far too simplistic to say 'just go back home'; in fact if they were sincere in entering the marriage this would be harder, as everything they have done up to that point was a one way street: entering America, and staying

I don't think that should give anyone automatic rights to anything (and that's why the current processes exist) but to pretend there's no difference here is farcical, and short-sighted

[tito 1]

"...if they left their entire life behind, closed bank accounts, quit jobs, spent pots and pots of cash on the whole dire process and airfares and shipping and whatever else..."

Granted, many immigrants leave their lives behind (family, loved ones, whatever it is they leave behind), but many do so because there is a HUGE incentive to do so apart from the loving nature of a relationship with a USC. Well, maybe I'm a bit jaded...people do many things for love. On the other hand, if that's the case, then the relationship is worth working on. At the same time, however, from what I've seen, anyway, it's not the immigrant who makes the lion's share of sacrifices, it's the US Citizen changing their lives forever, banking on the relationship, spending pots and pots of cash, the airfare, and whatever else. And then to have the relationship go south for whatever reason? Who bears that risk? Shucks, just let the immigrant stay...just because? People want to come to the US by the BOATLOADS! There are thousands of potential immigrants from all over the world. That brings me back to my initial question - why should we afford special deference to someone who happened to gamble on a marital relationship (at best it was in earnest...lots of times, it's a pretty good bet for a prospective immigrant who wants a life they perceive as better in the US)? It was a risk for BOTH the immigrant and the USC. The USC invests a lot, too, often times more than the immigrant.

I just don't think that the immigrant should receive any special dispensation, consideration or deference that is any different from any other prospective immigrant if things don't work out.

[girl 37 7]

"...if they left their entire life behind, closed bank accounts, quit jobs, spent pots and pots of cash on the whole dire process and airfares and shipping and whatever else..."

Granted, many immigrants leave their lives behind (family, loved ones, whatever it is they leave behind), but many do so because there is a HUGE incentive to do so apart from the loving nature of a relationship with a USC. Well, maybe I'm a bit jaded...people do many things for love. On the other hand, if that's the case, then the relationship is worth working on. At the same time, however, from what I've seen, anyway, it's not the immigrant who makes the lion's share of sacrifices, it's the US Citizen changing their lives forever, banking on the relationship, spending pots and pots of cash, the airfare, and whatever else. And then to have the relationship go south for whatever reason? Who bears that risk? Shucks, just let the immigrant stay...just because? People want to come to the US by the BOATLOADS! There are thousands of potential immigrants from all over the world. That brings me back to my initial question - why should we afford special deference to someone who happened to gamble on a marital relationship (at best it was in earnest...lots of times, it's a pretty good bet for a prospective immigrant who wants a life they perceive as better in the US)? It was a risk for BOTH the immigrant and the USC. The USC invests a lot, too, often times more than the immigrant.

I just don't think that the immigrant should receive any special dispensation, consideration or deference that is any different from any other prospective immigrant if things don't work out.

I don't even know what to say, except HOW VERY IGNORANT!!