We are separated (sad)

[thetreble 19]

What you have agreed to do is VISA FRAUD.

And this whole family changes forum seems to be full of it [fraud] too.

[Minya's wife 25]

What you have agreed to do is VISA FRAUD.

Len, I don't thinks she's agreed to do the above...it is what her soon to be ex-suggested. Nevertheless, your assessment is right.

Marimar22, what you were suggested is not legal. You either file to remove conditions based on the fact that you are still married, (in every sense of the word) or upon obtaining a divorce you file to remove conditions on your own. Both options are only available if you are residing in the US....you cannot participate if you live outside the US.

I'm sorry, it does sound like your husband did not treat you well, but I think you did not really stop to consider your plan of action when you left the country. I realize that finances can be a burden, but upon your separation from your husband, why did you leave the US without definitively ending your marriage OR resolving your residency? You've removed yourself from the country effectively cutting off your chance to apply to remove conditions and leaving unfinished business behind in the form of a divorce. (If your LPR expires in April of 09, you would be eligible to apply sometime in late January or early February of next year...just a few months away.)

I'm not sure about applying for a tourist visa. It may be a viable option, but if your finances are in dire straits as is, how can you demonstrate sufficient ties (financial assests is one, but sometimes important factor) to Mexico so that you're not considered an immigrant risk?

-P

[*JG* 2]

I'm sorry.

[marimar22 0]

Well, it was HIS SUGGESTION, i havent agreed anything yet. And I would have to trust him and its kind of hard for me. I dont know what to do yet.

Thanks

[pushbrk 13,009]

Well, it was HIS SUGGESTION, i havent agreed anything yet. And I would have to trust him and its kind of hard for me. I dont know what to do yet.

Thanks

It's fraud. Trust or no trust, what he suggested is fraudulent.

You must reside in the USA in order to remove conditions on your legal permanent resident status.

You have two choices and two choices only.

1. Reconcile your marriage and remove conditions based on a bona fide ongoing marriage relationship.

2. Obtain a divorce before your status expires and self petition to remove conditions on the basis you entered the marriage in good faith.

Both options require you to reside in the USA.

Edited October 3, 2008 by pushbrk

[Ngoc-Anh 1]

Sorry to hear about your situation.

The only solution I see right now is that you come back to the US. Work and live on your own. File for divorce and remove condition on your own without your husband. This seems to be the only legal way to me. BUT you also have to reside in the US after receiving your 10 yr GC to be eligible for the GC.

Good luck!

[Cassie 8]

Well, it was HIS SUGGESTION, i havent agreed anything yet. And I would have to trust him and its kind of hard for me. I dont know what to do yet.

Thanks

It's fraud. Trust or no trust, what he suggested is fraudulent.

You must reside in the USA in order to remove conditions on your legal permanent resident status.

You have two choices and two choices only.

1. Reconcile your marriage and remove conditions based on a bona fide ongoing marriage relationship.

2. Obtain a divorce before your status expires and self petition to remove conditions on the basis you entered the marriage in good faith.

Both options require you to reside in the USA.

and if she takes to long to decide, this may be a moot point as she may have been out of the country long enough to be considered having abandoned her residency.

And the other thing that I am going to repeat from the previous poster -- if and when you do get the 10 year GC, YOU HAVE TO LIVE IN THE USA, the 10 year card is NOT a travel visa.

Edited October 4, 2008 by Cassie

[marimar22 0]

Hello friends,

In conclusion I think I would abandon my GC because I am not going to live in USA, and when I get a job here I will apply for a tourist visa, but what will happen with my SSN??

Im thinking they might deny touist visa because i have a SSN in USA???

[pushbrk 13,009]

Hello friends,

In conclusion I think I would abandon my GC because I am not going to live in USA, and when I get a job here I will apply for a tourist visa, but what will happen with my SSN??

Im thinking they might deny touist visa because i have a SSN in USA???

Your SSN is yours for life and is not a reason in and of itself to deny you a tourist visa.

[venusfire503 54]

Thank you very much for your replies, and well, to tell the true, i dont have plans or money to come back to USA, i was wondering what would happen if I abandon this process (file for 10 year card) and apply for a tourist visa in the future??? Im thinking in doing it when i get a job here. I would like a visa because my son will study in USA and would love to visit him!!!!!

On the other hand, my husband said he would get the divorce by his own in one year after i left USA, is that correct?

In Mexico you would have to wait 2 years of separation and then file for divorce by his own. Im not sure about PA divorce rules, anyway, hes attitude is sooo unfair, i left everything (a good jod, my son, my family) just to be with him. I feel so dissapointed.

Thank you.

In PA (where I live), if you both sign some extra papers, a divorce can be finalized very quickly. It was more than 90 days since the divorce had been filed, and my ex and I both signed "waiver of notice of intention to request entry of a divorce decree under § 3301 © of the divorce code" and "affidavit of consent" (sorry - I didn't feel like capitalizing everything) which allowed us to avoid a waiting period before the divorce was finalized. We sent the paperwork in and got a Divorce Decree about a month later. So basically, if there is no negotiation about property, custody issues, etc. (or you can resolve those issues within the 90 days), you could get a divorce within 4 months.

The OP simply needs to check the divorce laws in the State her husband lives. We could cite the laws in all the other 49 States but it would be meaningless.

I suspect he's been advised to delay the divorce so that she cannot remove conditions. The only solution in that event is to secure her own divorce but if he contests, he can still be successful in delaying sufficiently to thwart her condition removal and effectively nullify his I-864.

From what the OP said, I was under the impression the divorce would be taking place in PA like mine, which is why I mentioned how I was able to get divorced faster....

[pushbrk 13,009]

Thank you very much for your replies, and well, to tell the true, i dont have plans or money to come back to USA, i was wondering what would happen if I abandon this process (file for 10 year card) and apply for a tourist visa in the future??? Im thinking in doing it when i get a job here. I would like a visa because my son will study in USA and would love to visit him!!!!!

On the other hand, my husband said he would get the divorce by his own in one year after i left USA, is that correct?

In Mexico you would have to wait 2 years of separation and then file for divorce by his own. Im not sure about PA divorce rules, anyway, hes attitude is sooo unfair, i left everything (a good jod, my son, my family) just to be with him. I feel so dissapointed.

Thank you.

In PA (where I live), if you both sign some extra papers, a divorce can be finalized very quickly. It was more than 90 days since the divorce had been filed, and my ex and I both signed "waiver of notice of intention to request entry of a divorce decree under § 3301 © of the divorce code" and "affidavit of consent" (sorry - I didn't feel like capitalizing everything) which allowed us to avoid a waiting period before the divorce was finalized. We sent the paperwork in and got a Divorce Decree about a month later. So basically, if there is no negotiation about property, custody issues, etc. (or you can resolve those issues within the 90 days), you could get a divorce within 4 months.

The OP simply needs to check the divorce laws in the State her husband lives. We could cite the laws in all the other 49 States but it would be meaningless.

I suspect he's been advised to delay the divorce so that she cannot remove conditions. The only solution in that event is to secure her own divorce but if he contests, he can still be successful in delaying sufficiently to thwart her condition removal and effectively nullify his I-864.

From what the OP said, I was under the impression the divorce would be taking place in PA like mine, which is why I mentioned how I was able to get divorced faster....

Unless I missed something the OP has never mentioned a State. It's a moot point anyway, since she has no intent to reside in the USA. She wanted to use the green card as a travel visa. Not going to work no matter what else she does.

[GiGii 4]

Unless I missed something the OP has never mentioned a State. It's a moot point anyway, since she has no intent to reside in the USA. She wanted to use the green card as a travel visa. Not going to work no matter what else she does.

Yes you missed something, she did state PA. Its funny how you keep missing details, but when someone else misses a detail, you are all down their throat.

On the other hand, my husband said he would get the divorce by his own in one year after i left USA, is that correct?

In Mexico you would have to wait 2 years of separation and then file for divorce by his own. Im not sure about PA divorce rules, anyway, hes attitude is sooo unfair, i left everything (a good jod, my son, my family) just to be with him. I feel so dissapointed.

Thank you.

[pushbrk 13,009]

Unless I missed something the OP has never mentioned a State. It's a moot point anyway, since she has no intent to reside in the USA. She wanted to use the green card as a travel visa. Not going to work no matter what else she does.

Yes you missed something, she did state PA. Its funny how you keep missing details, but when someone else misses a detail, you are all down their throat.

On the other hand, my husband said he would get the divorce by his own in one year after i left USA, is that correct?

In Mexico you would have to wait 2 years of separation and then file for divorce by his own. Im not sure about PA divorce rules, anyway, hes attitude is sooo unfair, i left everything (a good jod, my son, my family) just to be with him. I feel so dissapointed.

Thank you.

You have a peculiar vision of "all down their throat".

[GiGii 4]

I've read enough of your posts, to state that.

[pushbrk 13,009]

I've read enough of your posts, to state that.

Yes, anybody can exaggerate anytime they want.