what should i do?

[mr.brice 0]

it is almost the date to file my i751. my wife is talking about divorce. i have already started my life in the US and i do not want to return to china! please help! is it better to try and reconcile before i751, even though there's a chance she will divorce before my conditions are removed? i am so crying now. i don't know how to go forward with condition removal. also, i can not prove it, but i think she is cheating with another alien! what should i do? anybody have any advice?

[YuAndDan 153]

Depends on timing, you can file for a waiver to the joint filing requirement ONLY if divorce is finalized. It is better to reconcile and apply for removal of conditions together. If divorce happens while I-751 is being processed the chances of approval is much better.

[a great person 0]

Try to communicate with your wife and reconcile with her!!!

I knew sb who had the same situation as you.

Do not mess up the things until you file your I-751 and actually get the card after months of waiting patiently.

Your life might be screwed up by unnecessary mistake that you make in the short time.

A great man can deal with all kinds of bad situations.

[mr.brice 0]

a great man may be able to deal with any situations, but a terrible woman will always come out the victor. so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.

[diadromous mermaid 36]

If divorce happens while I-751 is being processed the chances of approval is much better.

If divorce happens while I-751 is being processed, denial will result! The alien must withdraw a jointly-filed petition once the qualifying marriage through which PR was conferred is legally terminated, and replace it with a waiver accompanied by a divorce decree.

[diadromous mermaid 36]

a great man may be able to deal with any situations, but a terrible woman will always come out the victor. so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.

As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.

[mr.brice 0]

a great man may be able to deal with any situations, but a terrible woman will always come out the victor. so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.

As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.

sorry...what does adjudicate mean? is this what happens when applying for i751?

[mr.brice 0]

a great man may be able to deal with any situations, but a terrible woman will always come out the victor. so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.

As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.

sorry...what does adjudicate mean? is this what happens when applying for i751?

never mind, i figured it out. love english dictionaries! how easy is it to "withdraw and replace"? what's the process of doing that if anyone knows? sorry to ask so many questions, but i can not find these answers online.

and another answer i can't find is about the affidavit of support. it says she is still obligated to me, but what does that mean? is that like alimony, or spousal support?

[diadromous mermaid 36]

a great man may be able to deal with any situations, but a terrible woman will always come out the victor. so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.

As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.

sorry...what does adjudicate mean? is this what happens when applying for i751?

never mind, i figured it out. love english dictionaries! how easy is it to "withdraw and replace"? what's the process of doing that if anyone knows? sorry to ask so many questions, but i can not find these answers online.

and another answer i can't find is about the affidavit of support. it says she is still obligated to me, but what does that mean? is that like alimony, or spousal support?

Very easy. It simply requires a cover letter with the waiver form I-751, explaining that the initial joint petition (include copies of any correspondence/actions that you received on the initial application) is no longer valid as you have since finalised a divorce, and include a copy of all of the documentation you supplied with the initial application and a copy of the divorce decree, and new FEE!

If the marriage is bona fide, but ending in divorce, the sponsor (your spouse) is still bound by the terms of his/her obligation to the government to be responsible for any mean-stested benefits you are granted before you become eligible. It says nothing of spousal support, alimony.....

[mr.brice 0]

a great man may be able to deal with any situations, but a terrible woman will always come out the victor. so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.

As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.

sorry...what does adjudicate mean? is this what happens when applying for i751?

never mind, i figured it out. love english dictionaries! how easy is it to "withdraw and replace"? what's the process of doing that if anyone knows? sorry to ask so many questions, but i can not find these answers online.

and another answer i can't find is about the affidavit of support. it says she is still obligated to me, but what does that mean? is that like alimony, or spousal support?

Very easy. It simply requires a cover letter with the waiver form I-751, explaining that the initial joint petition (include copies of any correspondence/actions that you received on the initial application) is no longer valid as you have since finalised a divorce, and include a copy of all of the documentation you supplied with the initial application and a copy of the divorce decree, and new FEE!

If the marriage is bona fide, but ending in divorce, the sponsor (your spouse) is still bound by the terms of his/her obligation to the government to be responsible for any mean-stested benefits you are granted before you become eligible. It says nothing of spousal support, alimony.....

what does it mean to be bound by the terms and obligated to the government? not obligated to me? and what are mean-stested (means-tested?) benefits?

[diadromous mermaid 36]

a great man may be able to deal with any situations, but a terrible woman will always come out the victor. so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.

As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.

sorry...what does adjudicate mean? is this what happens when applying for i751?

never mind, i figured it out. love english dictionaries! how easy is it to "withdraw and replace"? what's the process of doing that if anyone knows? sorry to ask so many questions, but i can not find these answers online.

and another answer i can't find is about the affidavit of support. it says she is still obligated to me, but what does that mean? is that like alimony, or spousal support?

Very easy. It simply requires a cover letter with the waiver form I-751, explaining that the initial joint petition (include copies of any correspondence/actions that you received on the initial application) is no longer valid as you have since finalised a divorce, and include a copy of all of the documentation you supplied with the initial application and a copy of the divorce decree, and new FEE!

If the marriage is bona fide, but ending in divorce, the sponsor (your spouse) is still bound by the terms of his/her obligation to the government to be responsible for any mean-stested benefits you are granted before you become eligible. It says nothing of spousal support, alimony.....

what does it mean to be bound by the terms and obligated to the government? not obligated to me? and what are mean-stested (means-tested?) benefits?

The sponsor's agreement is with the US government. The sponsor is not bound to support you with monetary resources, specifically. Those details would be determined by a family court in a divorce action, if any support were determined necessary. Federal means-tested benefits, which are specific programmes that use an income test for eligibility, are not available to aliens within their first 5 years of PR. Should an alien secure those benefits, during those first 5 years, the Affidavit executed by the sponsor binds him or her to the obligation to repay agencies for the cost of those benefits, if the agency so desires.

[mr.brice 0]

a great man may be able to deal with any situations, but a terrible woman will always come out the victor. so, yuanddan, you are saying that i should just hope for the best and go ahead with the i751? i took your reply to mean that my chances of approval are better if divorce comes after filing, which i hope it never comes at all, but will i have to refile? even if she divorce me, she seems like still want to help me and will help refile...does this help me or hurt me more? CIS hurt me, not emotionally, i mean.

As long as you are not legally separated (note that some states regard separation as a legal beginning to the termination of a marriage ~ New York state being once such place) then you can jointly-file ~ if she is willing. Get the divorce, if it is imminent, resolved quickly and if you are divorced before the joint I-751 is adjudicated, then withdraw it and replace it with a waiver.

sorry...what does adjudicate mean? is this what happens when applying for i751?

never mind, i figured it out. love english dictionaries! how easy is it to "withdraw and replace"? what's the process of doing that if anyone knows? sorry to ask so many questions, but i can not find these answers online.

and another answer i can't find is about the affidavit of support. it says she is still obligated to me, but what does that mean? is that like alimony, or spousal support?

Very easy. It simply requires a cover letter with the waiver form I-751, explaining that the initial joint petition (include copies of any correspondence/actions that you received on the initial application) is no longer valid as you have since finalised a divorce, and include a copy of all of the documentation you supplied with the initial application and a copy of the divorce decree, and new FEE!

If the marriage is bona fide, but ending in divorce, the sponsor (your spouse) is still bound by the terms of his/her obligation to the government to be responsible for any mean-stested benefits you are granted before you become eligible. It says nothing of spousal support, alimony.....

what does it mean to be bound by the terms and obligated to the government? not obligated to me? and what are mean-stested (means-tested?) benefits?

The sponsor's agreement is with the US government. The sponsor is not bound to support you with monetary resources, specifically. Those details would be determined by a family court in a divorce action, if any support were determined necessary. Federal means-tested benefits, which are specific programmes that use an income test for eligibility, are not available to aliens within their first 5 years of PR. Should an alien secure those benefits, during those first 5 years, the Affidavit executed by the sponsor binds him or her to the obligation to repay agencies for the cost of those benefits, if the agency so desires.

diadromous mermaid...thank you, but i'm not sure i quite get it all. so she will have to pay CIS? and can you give an example of the benefits, just to clarify? sorry, that seem like lawyer jargon to me. (only got so-so grades in english class...)

[mr.brice 0]

again, i have found some research that has answered my questions. basically, as long as i don't get things like food stamps or other means-tested benefits, there is no problem, correct? is there a way for my wife to withdraw her sponsorship at this point? or for me to find a new sponsor? and, worst case scenario, if my wife really is cheating with another immigrant (i can not prove this), can she sponsor him as well on fiance visa? i am good man and don't want to burden her, even though she could ruin my life. i still want her to be happy. isn't i sad?