Will he actually be deported?

[mamaskizzy 0]

Hello,

I got married to my husband in march 2008. We met on the internet, and then he moved out west to be with me. Shortly after our marriage, we filed all the paperwork to get his greencard, which he has since received (conditional).

Well, things are not all good in our marriage, so "not good" that I am on the verge of filing for divorce. He accuses me of wanting to have him deported- an accusation that is completely false. The grounds for my divorce include refusing to work enough to help support the family, refusal to accept my children as his step-children, and the fact that he has only been here for a little over half of the time we were married- the other half he has been in NYC working because he "couldnt find a good job here" (not that he tried very hard, and, sometimes, when you are young <he is 22> 2 jobs may be something you have to do!).

Anyways, my intention is not to cause him harm- I just can no longer be married to someone who is not interested in working hard to make us work. So my question has 2 parts:

1.) if we are divorced, will he be automatically deported? If yes, what is the window on this happening? Is there some action he can take to prevent deportment (I've heard of a "good faith waiver"... is that something that would help him?)?

2.) Does it matter one way or the other if I try to have the marriage end by annulment or divorce?

Thank you for your help!

[*JG* 2]

He won't be automatically deported.

Once divorced, he can apply for a waiver and attempt the lifting of conditions on his own.

I'm sorry it did not work out. I wish you the best.

[Mononoke28 135]

As long as he can prove that you had a true marriage and no fraud was committed, he should be good to lift conditions on his own.

Diana

[YuAndDan 153]

1) NO A green-card holder remains so even through a divorce, however he will need to file to remove conditions, and can do so as soon as divorce is finalized, or within 90 days of CR-GC if still married.

2) MO divorce or annulment are treated the same by form I-751

Who May File Form I-751?

If you were granted conditional resident status through marriage to a U.S. citizen or permanent resident, use this form to petition for the removal of those conditions.

If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status. However, you may apply for a waiver of this joint filing requirement if:

1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
4. The termination of your status and removal would result in extreme hardship.

http://www.uscis.gov/files/form/I-751instr.pdf

Keep in mind divorce or annulment does not release you from sponsorship and the obligations of the I-864 affidavit of support, so the government will still expect you to repay any means tested benefits the immigrant may use.

[bhajishah 4]

Divorce him, and its your turn to tell him to shut up and dont worry about him...he obviously dont care about his "family" well being..so why you care about his. Let him figure it out.. he want to be Mr big shot. let ALLAH be the judge.

[MihaelaNYS 10]

If you want him to not have any problems in lifting the temporary condition on his GC, you can write an affidavit to state that the marriage was entered in good faith just didnt worked out and he is has a good moral character.

Good luck to you!

[justashooter 430]

a tough learning experience this has been. cultural differences seem to be at the root of the problem, compounded by the husband's lack of maturity.

in the muslim world, men don't work so hard. they expect their wives to. a 22 year old guy in the western world may not be ready for the level of responsibility he faces.

good of you to forgive him his failings. it's time to file the paper in the most economical way possible and move on with your life. you already know in your heart that if you work hard getting your own house in order and respect yourself for your accomplishments, that some nice guy will respect you, as well. respect is based on accomplishment, and is the beginning of true love. but you already knew that.

my best to you.

[Big Papa Zone 93]

in the muslim world, men don't work so hard. they expect their wives to.

I'm experiencing a sudden urge to convert to Islam.........

[UmmSqueakster 54]

a tough learning experience this has been. cultural differences seem to be at the root of the problem, compounded by the husband's lack of maturity.

in the muslim world, men don't work so hard. they expect their wives to. a 22 year old guy in the western world may not be ready for the level of responsibility he faces.

Me thinks you don't know too many decent muslim men. In my husband's culture, it's an affront to one's manhood if his wife is working and he isn't, and technically anything his wife earns is hers and hers alone, and anything he earns is used to support her and the rest of the family.

[*JG* 2]

in the muslim world, men don't work so hard. they expect their wives to.

I'm experiencing a sudden urge to convert to Islam.........

This is ONE reason why I couldn't marry a Muslim man.

[Zee Bee 61]

a tough learning experience this has been. cultural differences seem to be at the root of the problem, compounded by the husband's lack of maturity.

in the muslim world, men don't work so hard. they expect their wives to. a 22 year old guy in the western world may not be ready for the level of responsibility he faces.

good of you to forgive him his failings. it's time to file the paper in the most economical way possible and move on with your life. you already know in your heart that if you work hard getting your own house in order and respect yourself for your accomplishments, that some nice guy will respect you, as well. respect is based on accomplishment, and is the beginning of true love. but you already knew that.

my best to you.

Because there are no immature, irresponsible 22 year olds in US, Muslim or not

His immaturity can be because of his age, upbringing, social status, etc etc, not just his religion. Like the rest of the world, Muslims come in different shapes and sizes. They do not all fit into the nice little box the American media or uninformed people like to put them in.

[morocco4ever 63]

My Muslim man works 40 hours a week, does the yard work, and helps with the clean up of the house. I don't see that he qualifies as per your view of Muslim men. Spoiled yes, lazy, no more than any man in any other country.

To the OP. Sorry it didn't work out. You have an amazing amount of maturity to handle this so responsibly. I have a feeling he is going to be sorry he let you get away once he matures.

[himher 634]

It was my impression that in the Muslim world, the man is expected to take responsibility for providing fully for his family - if the wife has work or business it is hers to do with as she chooses and she is not expected to have responsibility in supporting the family. MAYBE, just MAYBE - the image of marrying "westerners" includes the idea that there is a potential reversal of roles and expectations (especially if the wife signs a contract of support aka affidavit as part of the marriage and possibly this is a <potential> source of problems early in the marriage). Either way, marrying someone who agrees to support you might be interpreted as an easier life than one where you dam sure have to take responsibility for supporting your family (and paying dower to your new wife and allowing your new wife to do as she pleases with her own property, income, and assets, etc etc). I wonder if it is possible that sometimes these guys from the middle east are copping out of their own culture and training by marrying someone over here. It is good to have a very good and clear understanding between the couple of what the roles are and should be, as well as shared values in that regard, before dotting the t's on the marriage certificate. At any rate, I am always sorry to hear a story like this and it is very generous of you to forgive this guy and move on.

a tough learning experience this has been. cultural differences seem to be at the root of the problem, compounded by the husband's lack of maturity.

in the muslim world, men don't work so hard. they expect their wives to. a 22 year old guy in the western world may not be ready for the level of responsibility he faces.

good of you to forgive him his failings. it's time to file the paper in the most economical way possible and move on with your life. you already know in your heart that if you work hard getting your own house in order and respect yourself for your accomplishments, that some nice guy will respect you, as well. respect is based on accomplishment, and is the beginning of true love. but you already knew that.

my best to you.

[bhajishah 4]

treated like a queen here!!!! work half as much as he.. go shopping and travel alot...bought a house cleaner and yardworker for me..Oh yeah i have to cook about 3 times a week...Maybe shooter had trouble with his/her muslim man

[MihaelaNYS 10]

"It is good to have a very good and clear understanding between the couple of what the roles are and should be, as well as shared values in that regard, before dotting the t's on the marriage certificate. "

Yes, in theory.....

My husband (USC) promised me everything he could promise, even that: me working, would be optional (that is if I want to) and so on.

As soon as I signed the paper and we became a married couple things changed radically. He threatened me yelling to go get a job and to work for him, otherwise he will accuse me of fraud for immigration benefits, will annul the marriage and I will get deported.

In other words: either I work for him (meaning I have to give him all my money) or get back where I come from.

And so he did.

Now I am paying top $$$ to prove what he did to me. It was really fraud on his part all along as he obviously planned to bring an immigrant here only for exploitation.

Anybody who find himself/herself in such situation HAVE TO document what happends. Get a digital voice recording and have all the threats and blackmails recorded.

It seems that in USA, money are the only value for a lot of people. Nothing else matters.