temporary GC & marriage annulment

[cdn_in_wa 1]

Bona fide is just bona fide intentions. It doesn't require a judgment of whether the couple really thought it through before getting married, or an assessment of compatibility or whether they'd be likely to make it long term. It doesn't require anyone to be attractive or sensible or anything. (And a good thing, too! Lots of people would be screaming about how they couldn't get the initial visa if they had to prove compatibility.)

And it might not be about establishing a career in two years. It might be that you'd be a shamed woman if you went back home divorced, or that after two years you're starting to settle in, or that you don't have much to return to at all, etc. Or that, hell, you've just uprooted your life and are starting to get settled. Many do go home.

And it's not as easy as you think. One has to prove bona fide intentions *and receive the conditional green card*, and then to petition on one's own, one would have to have the divorce finalized in time to lift conditions. There's a number of posts from people whose marriage is failing but they're still married when it's time to remove conditions. Divorces take time, as the OP understands.

To the OP: get an attorney. I don't know the laws on your state on annulment (it's usually hard to get one a year into a marriage) but the thing is, neither does anyone else here. You'll want whatever divorce/annulment that occurs to happen in a way that it's in your favor, and attorney is going to be your best bet for that.

Just to get something straight, I'm trying to understand the process here, not suggesting OP is not in a bona fide relationship situation.

I didn't think that ROC was easy at all, but since I've read about ROC after divorce so many times on this board, I was wondering if it was. After all, if the requisite for a 10yrGC is a bona fide marriage, why do they only issue a 2yrGC when they approve AOS - haven't they already made their decision about the bona fide nature of the relationship at that point? Or is it so they can re-interview in cases where they suspect a non-bona fide situation? And if that's the case, then those who are not bona fide might be better off if they did divorce? At least that's the way it looks when you read this board. I guess it's just my questioning nature - I can't see what the point of a 2yrGC is, if they don't disallow ROC for short-term marriage applicants. That's just me.

Thing is, I uprooted myself, left my family, my friends, my stuff, everything, and am quite settled here after over a year. But, if my marriage was to fall apart, I wouldn't be scrambling around trying to get myself a 10yrGC. I moved here to be with my spouse, and for no other reason. If for some reason my marriage fell apart within a year or two (which is the time frame I am questioning), I'd be going back home to my friends and my family. Tail between my legs - Yes - but I'd go back. There is just no ulterior motive on my part.

[cdn_in_wa 1]

"1. Even if he get anulment in divorce court, for immigration purposes marriage was still valid.

I have read it in some INS docs. Check adjudicator's mannual on CIS website. Huge document with many chapters but covers most situations (and I am sure many lawyers dont remember all defenitions/...)."

This is interesting, I would appreciate if you could give me a link to the page or chapter... in the meantime I will read/research as much as possible by myself.

"2.As far as I remember, there is strikt definitions for annulment in NY (no sex, sickness, etc). I am sure that you would not qualify."

....

Well, there is also the fraud (as ground for annulment) that's what he's betting on.

I will try to find out what does he have to back up his claim (as somebody suggested) I am upset that costs me a lot of money (each time a lawyer does something for you, the money starts going bye-bye in no time). I tried to talk to my husband (kind a hard to call him "husband."..) but no luck in getting any useful information.

Regarding alimony, take this: although we've been married for over a year, because I have a decent job and income and I paied for all my expenses so far, I am not a candidate for alimony! Even tough he makes more money then me (more then 1,000/month with respect to my salary...).

I am concerned that at the time of removal of temporary condition, I`ll still be in the divorce proceeding, since he is contesting the divorce.

The one year extension is a joke!

Do you have any idea how long it takes for a divorce decree to be issued if both parties dont agree (contested divorce) ? Average, is 3-5 years.... or better said, minimum that...

Many immigration lawyers that I`ve been to, didnt know the answer to my question: what happends if he doesn't agree to the divorce ?

There has to be a good strategy for people in this situation... and reading this forum for a while now, I can tell: there are a lot of them!!! (unfortunately)

Thank you all for your input.

take on step at a time worry about immigration later.The fight you have right now is to proove your marriage was in good faith, your husbands previous case of rape could give you credit. Had you come before you could have filed for a " motion to strike'' his claim as irrelevant...........Treat it like that.

in your proceedings,get a darn good divorce lawyer.I personally would not suggest you to go into any claims for monetray settlement.Lastly be on the defensive let him come up with the "stories" while you focus on watering them down.

Goodluck.

It was her brother-in-law that was accused of the rape, not her husband.

One of his brothers that lives next door is a sex offender. He is out of jail only because he had a good lawyer. Evidences showed that he was the one who raped that woman .... still ... he's free and his brother (my husband) believe that he can get away with anything too this is why he abused me as much as he could and now is trying to distroy my future to save his own a**....

[justashooter 430]

Bona fide is just bona fide intentions. It doesn't require a judgment of whether the couple really thought it through before getting married, or an assessment of compatibility or whether they'd be likely to make it long term. It doesn't require anyone to be attractive or sensible or anything. (And a good thing, too! Lots of people would be screaming about how they couldn't get the initial visa if they had to prove compatibility.)

ee-gads, sherlock! you've got it!

personally, i think internet marriages between people of vastly differing cultures should not be permitted by K1. having lived with my wife for two years in china before we married, i knew her well. when we came to US, i discovered that she would develop an entirely new side to get to know. if i was less patient, and was not willing to wait for a work in progress, i would be divorced by now, too. i am amazed that any "buy one on the internet" marriages have survived at all. people must be getting more from them than they admit to on a public forum.

people marrying spouses over the internet that they would not qualify for in "real life" are just setting themselves up for a fall. this is a two edged sword, severing both Americans who are too broke, nasty, ugly, or unsociable to find a partner in the US, and immigrants who lack the socio-economic standing or education equal to the call.

these words from a guy who at the age of 41 fell in love with a chinese girl of 23, and married her at 26. these words from a guy who is not bad looking, broke, or unsociable, and who has dated girls 10-15 years younger than him before, with offers of marriage. these words from a guy who wasn't willing to consider marriage between the ages of 32 and 41 because he was a custodial father to children of his first marriage during that time. me, i just happend to be in china a lot when my window opened.

the rest of us need to look at ourselves and get real.

[Eagleeye 1]

Thing is, I uprooted myself, left my family, my friends, my stuff, everything, and am quite settled here after over a year. But, if my marriage was to fall apart, I wouldn't be scrambling around trying to get myself a 10yrGC. I moved here to be with my spouse, and for no other reason. If for some reason my marriage fell apart within a year or two (which is the time frame I am questioning), I'd be going back home to my friends and my family. Tail between my legs - Yes - but I'd go back. There is just no ulterior motive on my part.

You will never understand the emptiness,pain and uncertainitiy of divorce until you have been there so please save your plans....I hope you never go through it.

In my opinion what the USC/ALIEN decides with their lives afterwards should save each other further pain.If there was really love in the first place what gain would there be to see the one you once loved worse than they were before the marriage? The whole AOS via USC spouse can be on its own a platter for abuse.... one solely depending on the other for right to be "legal" on the other hand an oppurtunist could take advantage of the benefits of marriage. Simply an imperfect solution for an imperfect world.

Edited October 3, 2008 by Eagleeye

[russian_armenian 4]

Ok, Rika. This is actually the first time, I did some research on issue which is I am not dealing directly. When I wrote before, it was from others' posts on this forum mostly. Doing small reasearch, made me realize how wrong could advises of non-professionals (myself included) even with the best intentions. My appologies.

So, below are actual cut-offs from USCIS regulations and memos. There is not enough info to know how to proceed with cases like OP. So, good lawyer is needed. Or since OP has motivation, she might reasearch it further.

One memo below is from 2003 and the other - 2005.

What I have gathered, if there is no final decree at the time of interview (and with hope that the case was not denied without interview), CPR status might be revoked but she might appeal to judge. And judge should give I-551 stamp till divorce is final and she would have to appear again.

Some on this forum write that in this situation lawyers are sending I-751 with waiver (like divorced) and explain in cover letter the situation. The memos and adjudicator's mannual are somewhat contradictory because according to mannual (you can find it on CIS web), you dont need spouse signature if he does not want. Memo is more strict or I am missing something. I hope it helps.

-----2005 memo----

If the petitioner and beneficiary filed an I-751 petition jointly but:

a)separate before a decision is made on the I-751, the beneficiary should notify

the NSC that he/she is currently separated by mailing the explanation to the NSC

at PO Box 82521, Lincoln NE 68501-2521.

b)get divorced while the I-751 petition is pending, the beneficiary should notify

the NSC that he/she is divorced, and submit a copy of the divorce decree to the

NSC at PO Box 82521, Lincoln NE 68501-2521.

• If the petitioner and beneficiary are separated or have initiated divorce

proceedings at the time the I-751 is due to be filed, the petitioner and beneficiary

may still file a joint petition if the petitioner is willing to sign the petition. If the

petitioner is not willing to sign a joint petition, the beneficiary is not eligible to file

a petition requesting a waiver of the joint filing requirement due to divorce until

the divorce is final UNLESS abuse is the basis for such a filing. The alien’s

status may be terminated because s/he has been unable to file a timely I-751

and s/he may be placed in removal proceedings.

-----adjudicator's mannual----

Waiver . The conditional permanent resident, acting alone, may apply (also on Form I-751) for a waiver of the requirement to file the joint petition. See 8 CFR 216.5 .The waiver may be filed at any time (i.e., before, during or after the 90-day filing window). The waiver may be sought if the joint petition cannot be filed due to:

• The termination of the marriage through annulment, divorce, or the death of the petitioning spouse;

• The refusal of the petitioning spouse to join in the filing of the petition;

• A conditional resident child being unable to be included in the joint petition of his or her parent (e.g., if the parent died before seeking removal of conditions);

• The conditional resident being unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent; or

• Any other reason which is provided for in the Act.

Note : The alien may cite multiple reasons for filing the waiver application. In fact, other than the battered spouse/child waiver, all reasons MUST be applied for at once. (The battered spouse/child waiver may be sought either in combination with other reasons listed on the same Form I-751, or on a separately-filed Form I-751.)

-----2003 memo----

As such, an alien whose conditional resident status is approaching the 2-year anniversary

of the grant of such status, but who is unable to file a joint petition to remove the conditions

because divorce or annulment proceedings have commenced, may not apply for a waiver of the

joint filing requirement based on the good faith exception. If an aliens conditional resident

status is terminated because he or she could not timely file a Form I-751, and he or she is placed

in removal proceedings, then he or she may request a continuance from the immigration judge to

allow for the finalization of the divorce or annulment proceedings. It is noted that the

conditional resident whose status has been terminated should be issued a temporary I-551 during

the pendency of his or her case before the immigration judge (see Genco Opinion 96-12).

I am sure this is incorrect.

I hope it is correct.

Can you provide a link to the source?

About I-751, there an option to file under "separated but not divorced". So, you would be legal all the time till decree.

[NickD 203]

I saw a lot of lawyers lately and I had to hire a divorce lawyer because I had no choice. I cannot afford a immigration lawyer right now. I already paied $6,500 and it will cost me even more if my dear husband will drag me to trial (each court apperance is over $1,200 just to have the lawyer there). I simply cannot retain another one. I went on free consultations with immigration attorneys and they all said that I will have to apply for removal of condition only in those 90 days prior to expiration (that means from May next year) not now ..... I hope I will not have a divorce lawyer still on payroll at that time....

This is why I ask questions here, maybe there are people that went threw a similar situation and know a solution ... or maybe they read a lot about immigration laws and can give me an advice.

Thanks

When my lovely devoted wife of twenty years decided to divorce me that day after I was struck down by a vehicle, counselor told me this is typical if a woman feels her husband can no longer support her life style, she found the meanest man hating attorney in the world. I elected not to hire an attorney and just go along with it. But her attorney actually told the judge, I went into her office, threatened her secretary, threw papers all over the place and kicked over furniture. Pretty cool for a guy that hardly couldn't walk, but the judge seem to favor her rotten lying comments, I never went to her office, had no need to.

So I had to hire an attorney, took awhile to find one I thought was competent, explained the situation and great detail, and we agreed to a flat fee and signed a contract. Ha, even this attorney tried to nail be with extra expenses, but reminded him of our contract, so he was forced to drop those charges. Suggest you do the same, your one key option, is that no one can force you to sign the final divorce papers, I used that until a fair settlement was reached. Still 50-50, but managed to get full custody of my kids, my witch tried to put a claim on my accident settlement that was also ongoing, judge wouldn't permit that, but did relieve her of any child support payments, didn't feel that was right either.

With this experience, never met people that crawled out of the woodwork to take advantage of your victimized situation, then my ex runs around telling all of our friends and relatives that I not only divorced her, but screwed her out of what was rightfully yours. Just tossed the divorced papers at them and said read, have no idea I was living with such a terrible person all those years. So I know the feeling. Did arrange for a one time cash settlement for alimony, yeah I got struck with that too, and took eight years to pay off all the bills.

Was extremely depressed, but all worked out fine meeting my new wife that essentially had the same kind of ex. Came to the conclusion that my mate selecting IQ was about 3.14159263, had to improve upon that. Hope all works out for you in the future.

Did show my new wife the I-864 and the I-864a, I agreed to sign the I-864 and she agreed to sign the I-864a, mainly for her daughter, that form alone can test your sincerity if you want to proceed with marriage, ha, wish I had a form like that for my first marriage.

Ha, still say, if reading key divorce laws was part of the marriage ceremony, many people would walk away.

In regards to the original poster, do not believe that's possible if the marriage was consummated. Ha, even said on our new marriage certificate, marriage not valid until it was consummated, ha, was surprised we didn't have to do that in the presence of a judge.

[cdn_in_wa 1]

Thing is, I uprooted myself, left my family, my friends, my stuff, everything, and am quite settled here after over a year. But, if my marriage was to fall apart, I wouldn't be scrambling around trying to get myself a 10yrGC. I moved here to be with my spouse, and for no other reason. If for some reason my marriage fell apart within a year or two (which is the time frame I am questioning), I'd be going back home to my friends and my family. Tail between my legs - Yes - but I'd go back. There is just no ulterior motive on my part.

You will never understand the emptiness,pain and uncertainitiy of divorce until you have been there so please save your plans....I hope you never go through it.

In my opinion what the USC/ALIEN decides with their lives afterwards should save each other further pain.If there was really love in the first place what gain would there be to see the one you once loved worse than they were before the marriage? The whole AOS via USC spouse can be on its own a platter for abuse.... one solely depending on the other for right to be "legal" on the other hand an oppurtunist could take advantage of the benefits of marriage. Simply an imperfect solution for an imperfect world.

BTDT - twice no less. Save your preaching for someone else. The first time, I was a single parent with 2 babies.

Believe me, I thought long and hard before I made the decision to marry again.

If there really is love in the first place, a marriage should last longer than a year or two. Marriage is hard work, made all the harder by separation from friends, family and familiar things and places. Too many people jump into it. And even with people they have actually physically known for years - many of those marriages fail.

[Caladan 19]

Bona fide is just bona fide intentions. It doesn't require a judgment of whether the couple really thought it through before getting married, or an assessment of compatibility or whether they'd be likely to make it long term. It doesn't require anyone to be attractive or sensible or anything. (And a good thing, too! Lots of people would be screaming about how they couldn't get the initial visa if they had to prove compatibility.)

And it might not be about establishing a career in two years. It might be that you'd be a shamed woman if you went back home divorced, or that after two years you're starting to settle in, or that you don't have much to return to at all, etc. Or that, hell, you've just uprooted your life and are starting to get settled. Many do go home.

And it's not as easy as you think. One has to prove bona fide intentions *and receive the conditional green card*, and then to petition on one's own, one would have to have the divorce finalized in time to lift conditions. There's a number of posts from people whose marriage is failing but they're still married when it's time to remove conditions. Divorces take time, as the OP understands.

To the OP: get an attorney. I don't know the laws on your state on annulment (it's usually hard to get one a year into a marriage) but the thing is, neither does anyone else here. You'll want whatever divorce/annulment that occurs to happen in a way that it's in your favor, and attorney is going to be your best bet for that.

Just to get something straight, I'm trying to understand the process here, not suggesting OP is not in a bona fide relationship situation.

I didn't think that ROC was easy at all, but since I've read about ROC after divorce so many times on this board, I was wondering if it was. After all, if the requisite for a 10yrGC is a bona fide marriage, why do they only issue a 2yrGC when they approve AOS - haven't they already made their decision about the bona fide nature of the relationship at that point? Or is it so they can re-interview in cases where they suspect a non-bona fide situation? And if that's the case, then those who are not bona fide might be better off if they did divorce? At least that's the way it looks when you read this board. I guess it's just my questioning nature - I can't see what the point of a 2yrGC is, if they don't disallow ROC for short-term marriage applicants. That's just me.

Thing is, I uprooted myself, left my family, my friends, my stuff, everything, and am quite settled here after over a year. But, if my marriage was to fall apart, I wouldn't be scrambling around trying to get myself a 10yrGC. I moved here to be with my spouse, and for no other reason. If for some reason my marriage fell apart within a year or two (which is the time frame I am questioning), I'd be going back home to my friends and my family. Tail between my legs - Yes - but I'd go back. There is just no ulterior motive on my part.

Speculation, so with a grain of salt: once someone has permanent residency, it's hard to take it away. Marriage is the easiest path to residency and citizenship, and if all one had to do was get married to get a permanent card with no check at all it would be an even more attractive target for fraud.

They can interview couples whom they suspect are not bona fide. And someone who divorces shortly after being married probably isn't better off divorced. They'll still need to show that they entered into the marriage with good intentions, and that's going to be harder (among other things, they have less evidence due to the shorter marriage, a former spouse who may be acrimonious, etc.) The real risk of someone not being able to file to remove conditions on their own following a divorce is a situation where someone has to choose between staying in a marriage that's fallen apart and being kicked out of the country.

And you might move back. But there's no reason that other people should have to, if their intentions were bona fide. There's plenty of reasons; one could have a good career, one could have uprooted the kids and they're just settling into school, etc.

[MihaelaNYS 10]

russian_armenian,

Thank you for your answer straight to the point.

Could you send me the link to the memo from 2005 (I couldnt find it on USCIS site, you must be more proficient then me on e-search).??

My ground for divorce is cruel and inhuman treatment - in one word: abuse.

Most of the people that didnt deal with abusive spouses, have no idea how bad it is. They can only imagine but... feeling/experience is entirely different. The effect/trauma caused by it (especially if the abuse is mental or emotional) can take years to heal. If it get that bad that you get mentally ill, you might never recover.

I was very close to that stage. A letter from my doctor to an organisation that deals with domestic violence cases and proper medication + counseling, saved me.

Too bad that not too many people know what abuse is, so they would recognise it and be able to protect themselves.

In case of immigrant women: to gather evidence and be able to prove it.

Some people that answered on this forum think that calling the police when a domestic violence incident occurs is that easy!

Well, is not easy at all. If you are a immigrant woman has no cell phone, no car, no friends and nowhere to go + you live in the backyard of the abuser's parents property wich is enclosed by a tall fence and all this is in the middle of a forest ... well, you might think twice... because if you manage somehow to call the cops, you better have another place to go next day ... or you risk your own life. Because, think about it... who would report you missing ? The criminals who baried you in their backyard?

They can as easy say: she left because she had a lover or whatever other story ... who would care about that immigrant or try to find out what really happened to her ???

One thing is for sure: if the immigrant women is treated decently, she would not seek help with domestic violence organizations (to get in one of their programs, to get help from them, you have to prove your spouse is an abusive person. They know and recognize the pattern and behaviour of the abuser).

But the story and what is abuse... in another topic as I promised.

I try to keep it only on legal matters, laws, memorandum and legal strategy/research.

[diadromous mermaid 36]

Greater efficiency within USCIS (yes, I know some of you are reeling at that and wondering what efficiency) but the truth is that it is due to greater efficiency in processing cases, after the IMFA reform, that brought about the 2 year conditional green card. Take a look at the process a couple of decades ago, and you'll learn that an application to adjust status took so much longer to process and schedule for an interview. In fact, each step of the process took longer. As such there were very few if not no aliens that would find themselves at the point of an interview to adjust status without having been married to their US citizen spouse for at least 2 years and often times much more. Therefore, when adjudication of those applications occured, there was sufficient history established between the couple from which to make a proper and accurate determination of the bonafide nature of the marriage. Now, applications for adjustment of status come current and are on an AO's desk within months of filing, many times applications submitted by aliens that were recipients of expedited visas, as in the case of the K type visa. So it is simply not possible in the current trend to accurately assess the real bonafide nature of the marriage by the time the file reaches the IO's desk. As a result, the conditional card is issued to all aliens, save for those that have clearly insufficient evidence of a genuine marriage, or those that appear to be openly fraudulent.

Therefore, at the stage to remove those conditions, the USCIS has yet one more opportunity to take a look at the genuine nature of the marriage and if make certain it passes the "litmus test" as it were. So, in summation, it's not that one has already demonstrated that the marriage was legitimate at AOS, and as such no further demonstration is required. It's more a case of the USCIS was content with the evidence presented by the couple initially, and if all things continue to support those bonafides (even in cases where the couples have since deivorced), chances are the I-751 will be approved.

Bona fide is just bona fide intentions. It doesn't require a judgment of whether the couple really thought it through before getting married, or an assessment of compatibility or whether they'd be likely to make it long term. It doesn't require anyone to be attractive or sensible or anything. (And a good thing, too! Lots of people would be screaming about how they couldn't get the initial visa if they had to prove compatibility.)

And it might not be about establishing a career in two years. It might be that you'd be a shamed woman if you went back home divorced, or that after two years you're starting to settle in, or that you don't have much to return to at all, etc. Or that, hell, you've just uprooted your life and are starting to get settled. Many do go home.

And it's not as easy as you think. One has to prove bona fide intentions *and receive the conditional green card*, and then to petition on one's own, one would have to have the divorce finalized in time to lift conditions. There's a number of posts from people whose marriage is failing but they're still married when it's time to remove conditions. Divorces take time, as the OP understands.

To the OP: get an attorney. I don't know the laws on your state on annulment (it's usually hard to get one a year into a marriage) but the thing is, neither does anyone else here. You'll want whatever divorce/annulment that occurs to happen in a way that it's in your favor, and attorney is going to be your best bet for that.

Just to get something straight, I'm trying to understand the process here, not suggesting OP is not in a bona fide relationship situation.

I didn't think that ROC was easy at all, but since I've read about ROC after divorce so many times on this board, I was wondering if it was. After all, if the requisite for a 10yrGC is a bona fide marriage, why do they only issue a 2yrGC when they approve AOS - haven't they already made their decision about the bona fide nature of the relationship at that point? Or is it so they can re-interview in cases where they suspect a non-bona fide situation? And if that's the case, then those who are not bona fide might be better off if they did divorce? At least that's the way it looks when you read this board. I guess it's just my questioning nature - I can't see what the point of a 2yrGC is, if they don't disallow ROC for short-term marriage applicants. That's just me.

Thing is, I uprooted myself, left my family, my friends, my stuff, everything, and am quite settled here after over a year. But, if my marriage was to fall apart, I wouldn't be scrambling around trying to get myself a 10yrGC. I moved here to be with my spouse, and for no other reason. If for some reason my marriage fell apart within a year or two (which is the time frame I am questioning), I'd be going back home to my friends and my family. Tail between my legs - Yes - but I'd go back. There is just no ulterior motive on my part.

[cdn_in_wa 1]

Greater efficiency within USCIS (yes, I know some of you are reeling at that and wondering what efficiency) but the truth is that it is due to greater efficiency in processing cases, after the IMFA reform, that brought about the 2 year conditional green card. Take a look at the process a couple of decades ago, and you'll learn that an application to adjust status took so much longer to process and schedule for an interview. In fact, each step of the process took longer. As such there were very few if not no aliens that would find themselves at the point of an interview to adjust status without having been married to their US citizen spouse for at least 2 years and often times much more. Therefore, when adjudication of those applications occured, there was sufficient history established between the couple from which to make a proper and accurate determination of the bonafide nature of the marriage. Now, applications for adjustment of status come current and are on an AO's desk within months of filing, many times applications submitted by aliens that were recipients of expedited visas, as in the case of the K type visa. So it is simply not possible in the current trend to accurately assess the real bonafide nature of the marriage by the time the file reaches the IO's desk. As a result, the conditional card is issued to all aliens, save for those that have clearly insufficient evidence of a genuine marriage, or those that appear to be openly fraudulent.

Therefore, at the stage to remove those conditions, the USCIS has yet one more opportunity to take a look at the genuine nature of the marriage and if make certain it passes the "litmus test" as it were. So, in summation, it's not that one has already demonstrated that the marriage was legitimate at AOS, and as such no further demonstration is required. It's more a case of the USCIS was content with the evidence presented by the couple initially, and if all things continue to support those bonafides (even in cases where the couples have since deivorced), chances are the I-751 will be approved.

Thank you for the explanation. I get it now.

Question: Does this suggest that an AOS adjudicated after the 2 years of marriage mark (where the outcome would be a 10yrGC) will be scrutinized more because it is the first and only time to do so?

And I'd like to reiterate that I was not questioning this particular OPs circumstance, just the process in general.

MihaelaNYS, I hope things work out for you.

[diadromous mermaid 36]

I'm not sure I'd say scrutinised, per se, but certainly it would be expected that there be the expectation of more evidence to indicate the bonafide nature of the relationship, and dating back farther.

Greater efficiency within USCIS (yes, I know some of you are reeling at that and wondering what efficiency) but the truth is that it is due to greater efficiency in processing cases, after the IMFA reform, that brought about the 2 year conditional green card. Take a look at the process a couple of decades ago, and you'll learn that an application to adjust status took so much longer to process and schedule for an interview. In fact, each step of the process took longer. As such there were very few if not no aliens that would find themselves at the point of an interview to adjust status without having been married to their US citizen spouse for at least 2 years and often times much more. Therefore, when adjudication of those applications occured, there was sufficient history established between the couple from which to make a proper and accurate determination of the bonafide nature of the marriage. Now, applications for adjustment of status come current and are on an AO's desk within months of filing, many times applications submitted by aliens that were recipients of expedited visas, as in the case of the K type visa. So it is simply not possible in the current trend to accurately assess the real bonafide nature of the marriage by the time the file reaches the IO's desk. As a result, the conditional card is issued to all aliens, save for those that have clearly insufficient evidence of a genuine marriage, or those that appear to be openly fraudulent.

Therefore, at the stage to remove those conditions, the USCIS has yet one more opportunity to take a look at the genuine nature of the marriage and if make certain it passes the "litmus test" as it were. So, in summation, it's not that one has already demonstrated that the marriage was legitimate at AOS, and as such no further demonstration is required. It's more a case of the USCIS was content with the evidence presented by the couple initially, and if all things continue to support those bonafides (even in cases where the couples have since deivorced), chances are the I-751 will be approved.

Thank you for the explanation. I get it now.

Question: Does this suggest that an AOS adjudicated after the 2 years of marriage mark (where the outcome would be a 10yrGC) will be scrutinized more because it is the first and only time to do so?

And I'd like to reiterate that I was not questioning this particular OPs circumstance, just the process in general.

MihaelaNYS, I hope things work out for you.

[russian_armenian 4]

Mihaela,

I have not saved links. I think search was "I-751 separation waiver" or something similar in various wordings. These memos like 2 pages long (dont even remember what webs they were from). But they are official. All related to you, I cut and posted. If I get time, I will search again.

But now seems that it is not relevant since you are divorcing under abuse; so you can send I-751 with WAVA waiver right away. Might save time. Looks like you have evidence for WAVA.

Good luck.

russian_armenian,

Thank you for your answer straight to the point.

Could you send me the link to the memo from 2005 (I couldnt find it on USCIS site, you must be more proficient then me on e-search).??

My ground for divorce is cruel and inhuman treatment - in one word: abuse.

Most of the people that didnt deal with abusive spouses, have no idea how bad it is. They can only imagine but... feeling/experience is entirely different. The effect/trauma caused by it (especially if the abuse is mental or emotional) can take years to heal. If it get that bad that you get mentally ill, you might never recover.

I was very close to that stage. A letter from my doctor to an organisation that deals with domestic violence cases and proper medication + counseling, saved me.

Too bad that not too many people know what abuse is, so they would recognise it and be able to protect themselves.

In case of immigrant women: to gather evidence and be able to prove it.

Some people that answered on this forum think that calling the police when a domestic violence incident occurs is that easy!

Well, is not easy at all. If you are a immigrant woman has no cell phone, no car, no friends and nowhere to go + you live in the backyard of the abuser's parents property wich is enclosed by a tall fence and all this is in the middle of a forest ... well, you might think twice... because if you manage somehow to call the cops, you better have another place to go next day ... or you risk your own life. Because, think about it... who would report you missing ? The criminals who baried you in their backyard?

They can as easy say: she left because she had a lover or whatever other story ... who would care about that immigrant or try to find out what really happened to her ???

One thing is for sure: if the immigrant women is treated decently, she would not seek help with domestic violence organizations (to get in one of their programs, to get help from them, you have to prove your spouse is an abusive person. They know and recognize the pattern and behaviour of the abuser).

But the story and what is abuse... in another topic as I promised.

I try to keep it only on legal matters, laws, memorandum and legal strategy/research.

[diadromous mermaid 36]

russian_armenian,

Just a note. There is no such thing as an I-751 VAWA waiver. The I-751, can be submitted alone, if the alien has been abused, true, and in cases where individuals are not divorced yet the US citizen spouse will not jointly file the petition, then this is an option to those for which is pertains as a grounds to self-petition. Vawa deals specifically with aliens that otherwise have no ability to adjust status, not for aliens that are already permanent residents.

Mihaela,

I have not saved links. I think search was "I-751 separation waiver" or something similar in various wordings. These memos like 2 pages long (dont even remember what webs they were from). But they are official. All related to you, I cut and posted. If I get time, I will search again.

But now seems that it is not relevant since you are divorcing under abuse; so you can send I-751 with WAVA waiver right away. Might save time. Looks like you have evidence for WAVA.

Good luck.

russian_armenian,

Thank you for your answer straight to the point.

Could you send me the link to the memo from 2005 (I couldnt find it on USCIS site, you must be more proficient then me on e-search).??

My ground for divorce is cruel and inhuman treatment - in one word: abuse.

Most of the people that didnt deal with abusive spouses, have no idea how bad it is. They can only imagine but... feeling/experience is entirely different. The effect/trauma caused by it (especially if the abuse is mental or emotional) can take years to heal. If it get that bad that you get mentally ill, you might never recover.

I was very close to that stage. A letter from my doctor to an organisation that deals with domestic violence cases and proper medication + counseling, saved me.

Too bad that not too many people know what abuse is, so they would recognise it and be able to protect themselves.

In case of immigrant women: to gather evidence and be able to prove it.

Some people that answered on this forum think that calling the police when a domestic violence incident occurs is that easy!

Well, is not easy at all. If you are a immigrant woman has no cell phone, no car, no friends and nowhere to go + you live in the backyard of the abuser's parents property wich is enclosed by a tall fence and all this is in the middle of a forest ... well, you might think twice... because if you manage somehow to call the cops, you better have another place to go next day ... or you risk your own life. Because, think about it... who would report you missing ? The criminals who baried you in their backyard?

They can as easy say: she left because she had a lover or whatever other story ... who would care about that immigrant or try to find out what really happened to her ???

One thing is for sure: if the immigrant women is treated decently, she would not seek help with domestic violence organizations (to get in one of their programs, to get help from them, you have to prove your spouse is an abusive person. They know and recognize the pattern and behaviour of the abuser).

But the story and what is abuse... in another topic as I promised.

I try to keep it only on legal matters, laws, memorandum and legal strategy/research.

[russian_armenian 4]

Mihaela,

Read the article below. Lawyer in NJ wrote it. Sounds like your husband got the same advice.

---------------------

I have encountered many nasty divorce cases where an embittered spouse gets dumped by an alien spouse. The immediate reaction by the U.S. spouse is to undertake efforts to have his/her spouse deported. The U.S. spouse often will contact the I.N.S. and request that his or her spouse be deported based on the grounds of marriage fraud. My advice to the U.S. spouse is to chalk it up as a bad experience and avoid being vengeful. I also advise the U.S. spouse that he or she was probably aware of the risks of the marriage, and that the failure of the marriage has to be accepted.

If the alien spouse is seeking to “shake down” the U.S. spouse, then I may advise that an annulment be pursued. Fraud in the inception of marriage is grounds for an annulment. An allegation of marriage fraud may be made to obtain an annulment by the spouse of an alien who gained legal resident status through marriage. It is very important for an alien spouse to vigorously contest an annulment based on fraud. An annulment complaint can really “soften up” an alien spouse. This strategy can really work wonders, and significantly reduce an alien spouse’s demands in any divorce case.

Unfortunately, there are risks with this strategy. A U.S. citizen could face criminal liability for a marriage fraud allegation. It is important to inform any U.S. citizen that if he or she had any knowledge of an alien’s intention to marry in order to gain legal resident status, and if that citizen participated knowingly in the sham marriage, criminal provisions subject U.S. co-conspirators to a felony prosecution under 18 U.S.C. Section 1001.

To conclude, the best strategy for a U.S. citizen to follow is to avoid the obvious impulse of trying to have the ex-spouse deported. One doesn’t have to continue to sponsor the immigration application. However, the impulse of trying to “nuke” the application should be avoided. If the alien spouse is seeking excessive alimony and unrealistic demands for equitable distribution, then the U.S. citizen may want to pursue an annulment. Alternatively, the U.S. spouse could insert a count of marriage fraud in the divorce complaint. It is very rare for a U.S. citizen to be prosecuted for marriage fraud. The U.S. Attorney is really more interested in pursuing immigration fraud on a mass level, such as slave labor cases. However, the laws do exist on the books. If an alien spouse is money-hungry in a divorce case, pursuing an annulment or alleging fraud in the divorce complaint is the equivalent of throwing a “monkey wrench” in his or her plans.

Hi,

I am in a very difficult situation and I am writing about it hoping that people that went thrw something like this or similar or have any ideea of a solution might advise me.

I came to US on a K-1 visa and then I received my temporary GC based on marriage. After almost 1 year of marriage, my husband filed for an anulment (on the ground of fraud for immigration benefits - of course is all false accusations and the catch is this: he doesnt want to be responsable for me.

He is very concerned that, since he signed the affidavit of support he will/would have to pay for me, support me.

He wants out of the marriage and to be off of any responsability that might be still in case of a divorce.

After his filing the annulment, I filed for divorce based on cruel and inhuman treatment (one of only few grounds allowed in NY). The abuse is mainly emotional, verbal, psycological and financial. I have a counselor with an organization that helps abused woman, letter from the doctor - I got sick because of his behaviour and so on ... I was abused by him and his mother and threatened with annulment of marriage a month after the wedding. ... He is contesting the divorce and he said he wont give it to me unless I find another sponsor.

How can it be possible for him to get out of the responsability that the took when he sign it ?

May I file for removal of temporary condition if he gets the annulment ?

My two years expire on August, next year. Right now, we have a annulment and a divorce action both contested and we are waiting for the second Conference with the Court witch will take place in November.

How can I ,,release,, him form the responsability of affidavit of support and remove the condition on my GC? What would happen if he will be granted the annulment ? Would I have any chance to remain here legal ?

Thank you

Mihaela

NY