Divorce while waiting for GC

[DaniDimo 0]

Hello to everybody,

I just dont know how to start this. I am going to need your advice cause I am not familiar at all with Removing condition topic.

I have a friend(beneficiary), been in a long relationship with his wife(USC) before marriage, last year some time they filed I-751 form he did fingerprint part(around middle of June 2007), and still waiting for his GC. In a meantime some things went wrong, they decide to got divorce very sad. They live separately, no kids, taxes were filed separately also for 2007/8...According to her now she is receiving some letters from Immigration asking why they are filing taxes separately and blackmail him to pay big money, otherwise she will do something bad like deportation to him...whatever...

Now my questions are:

-In what way divorce will afect his GC?

-Will he get his GC or theres gonna be some issues before he will received?

-Does he need to go and advice immigration lawyer?

I have no clue about this situation, pls advice, he is so stressed.

PLEASE HELP!

Any advice will be appreciated, thank you.

Dani

[ihateemo 0]

Here is the best advice:

Go to a lawyer now.

I'm in a similar position, my wife and I separated several months after I filed the I-751 in March. The divorce is still a couple of months away. If I get called for an interview (*touches wood*) I will absolutely be seeking legal advice myself.

[diadromous mermaid 36]

Hello to everybody,

I just dont know how to start this. I am going to need your advice cause I am not familiar at all with Removing condition topic.

I have a friend(beneficiary), been in a long relationship with his wife(USC) before marriage, last year some time they filed I-751 form he did fingerprint part(around middle of June 2007), and still waiting for his GC. In a meantime some things went wrong, they decide to got divorce very sad. They live separately, no kids, taxes were filed separately also for 2007/8...According to her now she is receiving some letters from Immigration asking why they are filing taxes separately and blackmail him to pay big money, otherwise she will do something bad like deportation to him...whatever...

Now my questions are:

-In what way divorce will afect his GC?

-Will he get his GC or theres gonna be some issues before he will received?

-Does he need to go and advice immigration lawyer?

I have no clue about this situation, pls advice, he is so stressed.

PLEASE HELP!

Any advice will be appreciated, thank you.

Dani

Are they divorced? Or are they in the process of divorcing?

[goldy99 0]

Need some more information on this.

Did he filed joint? Probably yes, then wait till the case is being adjudicate or if he gets divorce before gettin greencard, you will have to refile and select the waiver option...Immigration will not bother if you have filed your taxes together or seperated after you filed. And they will never send any letter regarding, why the taxes have been filed seperately. So she is lying in that case for sure. Becuase if they have any doubts they will send you the RFE.

So here are the options:

1) Try and not to get divorce until you receive your greencard.

2) If the situation is not in hand and you have to get divorce, refile I-751 with the waiver option asap you get the divorce decree in hand and ask them to withdraw your old petition.

and make sure to keep track of all your mails in case he receives RFE. If he will receive one, get the divorce asap and file a new petition.

Don't worry to much. He will get through this eventually.

[DaniDimo 0]

Hello to everybody,

I just dont know how to start this. I am going to need your advice cause I am not familiar at all with Removing condition topic.

I have a friend(beneficiary), been in a long relationship with his wife(USC) before marriage, last year some time they filed I-751 form he did fingerprint part(around middle of June 2007), and still waiting for his GC. In a meantime some things went wrong, they decide to got divorce very sad. They live separately, no kids, taxes were filed separately also for 2007/8...According to her now she is receiving some letters from Immigration asking why they are filing taxes separately and blackmail him to pay big money, otherwise she will do something bad like deportation to him...whatever...

Now my questions are:

-In what way divorce will afect his GC?

-Will he get his GC or theres gonna be some issues before he will received?

-Does he need to go and advice immigration lawyer?

I have no clue about this situation, pls advice, he is so stressed.

PLEASE HELP!

Any advice will be appreciated, thank you.

Dani

Are they divorced? Or are they in the process of divorcing?

He wants to, but he is so scared of losing the GC. She became very rude asking a lot of money and telling him she will call immigration and deport him. Can she do that? Is he save or no?

[goldy99 0]

Nobody can deport him, and he will remain PR until the Immigration Judge say so. He did his part by filing it on time. So in worst case scenario (If she has called immigration about the seperation) they will send you the RFE or call you for the interview. Either one happens, starts the divorce procedure asap, so before they deny the petition, he can file another one.

[DaniDimo 0]

Nobody can deport him, and he will remain PR until the Immigration Judge say so. He did his part by filing it on time. So in worst case scenario (If she has called immigration about the seperation) they will send you the RFE or call you for the interview. Either one happens, starts the divorce procedure asap, so before they deny the petition, he can file another one.

Ok, to be clear more, he filed by himself (just clear that with him), he did biometrics, what is the next step? Does he will have interview or not? Also he didnt receive any letter from Immigration about his status until now. Thing that nobody can deport him is a good news, but in what case petition can be denied?

Sorry to ask a lot, just want to help to a friend.

[goldy99 0]

Ok, this is tricky now.

He can't file himself if he is not divorced. To file a waiver you have to be divorced and include the divorce decree with the application.

So, when his files comes into the hand of immigration officer, he will deny the application right away as there is no divorce decree in it.

He has to get divorce asap and send them decree to attach it to the existing file. Thats the only way. There is no way they will approve the waiver application without divorce.

[DaniDimo 0]

OK, thanks for your replies people.

BRB with more questions when I found out more about what and how he filed I-751 form

THANKS, THANKS, THANKS....!!!