divorce strategy

[MihaelaNYS 10]

Hi,

somebody wrote on this forum something about this issue (and I am very frustrated because I cannot find it anymore.... I forgot under what subject was written)...

Which is the best scenario (in case of divorce) for the PR to get the Removal of Condition successfully?

The USC files for divorce or the PR?

- if the USC files and gets the divorce, that means that the PR is at fault for something (adultery, abandonment .. .whatever ...)

- if the PR files for divorce accusing the USC of let's say, constructive abandonment and the USC agrees but the time when the abandonment started, is pretty much around the time the GC was approved, then, the USC can say/write a letter to the USCIS stating: look, I abandoned her because she told me she only came here to immigrate to US and since then, ofcourse, I didnt want to have anything to do with her so, ofcourse I abandoned her (or something to that effect)... basically, accusing the PR of fraud.

Then, even thow the PR might not be at fault, and she has the divorce decree stating constructive abandonment of USC part .... the chances to renewing the GC look slim.

This strategy is meant to make PR loose the legal status in US therefore, the USC is free of any obligations under the Affidavit of Support - this is the catch.

How can PR get around it ?!

[bhajishah 4]

well if you going to divorce then you need a strategy. like they say" all is fair in love and war "eh?

[3600rs 24]

Hi,

somebody wrote on this forum something about this issue (and I am very frustrated because I cannot find it anymore.... I forgot under what subject was written)...

Which is the best scenario (in case of divorce) for the PR to get the Removal of Condition successfully?

The USC files for divorce or the PR?

- if the USC files and gets the divorce, that means that the PR is at fault for something (adultery, abandonment .. .whatever ...)

- if the PR files for divorce accusing the USC of let's say, constructive abandonment and the USC agrees but the time when the abandonment started, is pretty much around the time the GC was approved, then, the USC can say/write a letter to the USCIS stating: look, I abandoned her because she told me she only came here to immigrate to US and since then, ofcourse, I didnt want to have anything to do with her so, ofcourse I abandoned her (or something to that effect)... basically, accusing the PR of fraud.

Then, even thow the PR might not be at fault, and she has the divorce decree stating constructive abandonment of USC part .... the chances to renewing the GC look slim.

This strategy is meant to make PR loose the legal status in US therefore, the USC is free of any obligations under the Affidavit of Support - this is the catch.

How can PR get around it ?!

Strategy is important but the bottom line for USCIS to approve your case is lots of EVIDENCE.

No matter who divorces, when you divorce and who shouts abuse or fraud, its finally your strong EVIDENCE that will make or break your case.

[Bobby+Umit 161]

Hi,

somebody wrote on this forum something about this issue (and I am very frustrated because I cannot find it anymore.... I forgot under what subject was written)...

Which is the best scenario (in case of divorce) for the PR to get the Removal of Condition successfully?

The USC files for divorce or the PR?

- if the USC files and gets the divorce, that means that the PR is at fault for something (adultery, abandonment .. .whatever ...)

- if the PR files for divorce accusing the USC of let's say, constructive abandonment and the USC agrees but the time when the abandonment started, is pretty much around the time the GC was approved, then, the USC can say/write a letter to the USCIS stating: look, I abandoned her because she told me she only came here to immigrate to US and since then, ofcourse, I didnt want to have anything to do with her so, ofcourse I abandoned her (or something to that effect)... basically, accusing the PR of fraud.

Then, even thow the PR might not be at fault, and she has the divorce decree stating constructive abandonment of USC part .... the chances to renewing the GC look slim.

This strategy is meant to make PR loose the legal status in US therefore, the USC is free of any obligations under the Affidavit of Support - this is the catch.

How can PR get around it ?!

Get around what?

[MihaelaNYS 10]

Get around what?

- around looking guilty for USCIS....

[Old Dominion 26]

The sponsor continues to be obligated to the USCIS even if the divorce is granted, for about ten years (or 40 quarters of the beneficiary's employment). No way around that. As to getting around appearing to be the offending party in a divorce, that's a matter for the divorce lawyer to handle for you. If the judge declares the beneficiary to be the offending party, the USCIS has no choice but to accept that. What the USCIS does about that, is up to them.

[3600rs 24]

Hi,

somebody wrote on this forum something about this issue (and I am very frustrated because I cannot find it anymore.... I forgot under what subject was written)...

Which is the best scenario (in case of divorce) for the PR to get the Removal of Condition successfully?

The USC files for divorce or the PR?

Makes no difference. [/b][/b]

- if the USC files and gets the divorce, that means that the PR is at fault for something (adultery, abandonment .. .whatever ...)

[/b] Its an issue if the annulment is granted because of something unfair ( like the reason above) on the USC. That maybe a red flag.[/b]

- if the PR files for divorce accusing the USC of let's say, constructive abandonment and the USC agrees but the time when the abandonment started, is pretty much around the time the GC was approved, then, the USC can say/write a letter to the USCIS stating: look, I abandoned her because she told me she only came here to immigrate to US and since then, ofcourse, I didnt want to have anything to do with her so, ofcourse I abandoned her (or something to that effect)... basically, accusing the PR of fraud.

if you accuse youll get accused, try and get a no fault divorce.

Then, even thow the PR might not be at fault, and she has the divorce decree stating constructive abandonment of USC part .... the chances to renewing the GC look slim.

This strategy is meant to make PR loose the legal status in US therefore, the USC is free of any obligations under the Affidavit of Support - this is the catch.

USC may shout fraud and write a letter to the uscis, but that shows how real and deep the relationship was in the first place. Deepest relationships get hurt the most. about affidavit of support - I agree what the above poster indicated.

How can PR get around it ?!

Edited January 13, 2009 by 3600rs

[Bobby+Umit 161]

Get around what?

- around looking guilty for USCIS....

Well, if you think something you are doing is "guilty", then I would say you are probably are trying to circumnavigate the law.

Which is beyond my help.

Best suggestion, contact a lawyer.

Edited January 13, 2009 by Bobby_Umit

[MihaelaNYS 10]

b] if you accuse youll get accused, try and get a no fault divorce.[/b]

- in NYS no fault doesnt exist ....the "closest" would be what my lawyer is trying to get me: an uncontested divorce on ground of constructive abandonment.

The law states that one can file for this ground only after 1 year of abandonment, so, that means that if I filed in August 2008, he abandoned me starting one year earlier (August, 2007) ...

I didn't know this when I filed for divorce.

Timing is the problem.

Let's say: the immigrant marries USC on January 2007 and applies for GC, goes for an interview on March and gets it on July 2007.

Things get bad between them and one decide to file for divorce. This can be done only after one year of marriage (in NYS). So, February 2008 - divorce. That means that they stopped to exist as a couple 1 month after marriage (considering the ground of abandonment) in February 2007. But in March 2007 they were a happily married couple, at the USCIS interview, right ?! ! ....

I guess that will be the end of that for the PR.....

[ziia 9]

Hi,

somebody wrote on this forum something about this issue (and I am very frustrated because I cannot find it anymore.... I forgot under what subject was written)...

Which is the best scenario (in case of divorce) for the PR to get the Removal of Condition successfully?

The USC files for divorce or the PR?

- if the USC files and gets the divorce, that means that the PR is at fault for something (adultery, abandonment .. .whatever ...)

- if the PR files for divorce accusing the USC of let's say, constructive abandonment and the USC agrees but the time when the abandonment started, is pretty much around the time the GC was approved, then, the USC can say/write a letter to the USCIS stating: look, I abandoned her because she told me she only came here to immigrate to US and since then, ofcourse, I didnt want to have anything to do with her so, ofcourse I abandoned her (or something to that effect)... basically, accusing the PR of fraud.

Then, even thow the PR might not be at fault, and she has the divorce decree stating constructive abandonment of USC part .... the chances to renewing the GC look slim.

This strategy is meant to make PR loose the legal status in US therefore, the USC is free of any obligations under the Affidavit of Support - this is the catch.

How can PR get around it ?!

I am realy sorry you are going through this. I've read your posts and wish i could help more, but i'm not realy an expert in what looks like a complexe situation. Though i'd like to give you a hands-on answear, i can't, but the way i see your situation hope i can help on a different level, the moral support one.

This is the way i see things. I think you are stressing a bit too much over this. USCIS, the courts of law are generaly aware of the " bitter spouse sindrom" to just go ahead and "buy into" anything your ex would write them. And it goes the same if you were to write about him or anyone else or speak about him in front of the divorce judge. The laws and the court in US as a general rule, don't hold people by their morals(what they say, the choises they make to live their lives), but by the actions they took to hurt other people. Actions speak louder than anything. Now, if USCIS would give your divorce case(or mad ex-husband) as big of an importance as you give them, then they'd surely know that NY doesn't have a No-Fault Claim and will realise that that's why you optioned for "constructive abandonement". But the reality is that they don't. They base their decisions more on the "present" situation(if your divorce is complete by the time you apply) and if you provide proof of bonafide marriage(bills, cards, rent you guys shared). You will be ok you'll see and in the end you will get the 10 year card. Knowing and doing your hommework is good(it will make you brighter) but at what cost? That you only know...if this country and what is offering you it is worth the price you are paying at the moment in the current situation. Why i'm saying this is because i see that what you are dealing with has somewhat a significantly bigger price than the victory you are aspiring to. Don't give up, that's not what i'm saying. But take care of your soul more and your inner piece.

Listen, whan thigs went bad for me(and they were) over here, i always asked myself one thing. What is the worst that can happen? Immagine the worst, put yourself in that situation and think about what you'd do if that were to happen. You'd have to go to Romania?(is it that bad over there for you?) and have other chanses to come back since you came here legaly in the first place; or you'd have to stay in US illegaly(which would only be temporary, because i see you are a bright intelligent girl and you are stil young and you have many opportunities). So think about it. Sometimes we like to think it's all in our hands, but it's not. Take care of yourself, don't give up, but do take a moment to breath and look at your situation from above the trees(you'll see a forest).

[ziia 9]

All i'm saying is that if you think about it, you'd realise you have little or no controll over how things will unvail for you. No matter how much you twist and turn, there is no 100% clear path to take. You just have to pick one, stick to it and do your best. Otherwise you'd be twisting and turning in this vicious circle of despair and stress you're dealing with right now, finding no straight path to a clear as daylight solution of your situation. It will be more simple than you think, if your marriage was bonafide-just provide the proof to the immigration when the time comes and divorce is final and keep your fingers crossed. USCIS is not out to get people(i've dealt with them for 5 years now), but to follow the law(aka, follow the proofs, not the words of angry people, aka spouses). That said, take a look at what one needs when they go to the interview: taxes, bills, joint rent, ocasionaly pictures that the officer could care less for if it wasn't for the real "dough"(taxes, bills...etc).

You foolow your path and do what you have to do, but bare in mind that your health and sanity are not worth loosing-not for a lousy husband, not even for this country.

best of luck!

[ziia 9]

All i'm saying is that if you think about it, you'd realise you have little or no controll over how things will unvail for you. No matter how much you twist and turn, there is no 100% clear path to take. You just have to pick one, stick to it and do your best. Otherwise you'd be twisting and turning in this vicious circle of despair and stress you're dealing with right now, finding no straight path to a clear as daylight solution of your situation. It will be more simple than you think, if your marriage was bonafide-just provide the proof to the immigration when the time comes and divorce is final and keep your fingers crossed. USCIS is not out to get people(i've dealt with them for 5 years now), but to follow the law(aka, follow the proofs, not the words of angry people, aka spouses). That said, take a look at what one needs when they go to the interview: taxes, bills, joint rent, ocasionaly pictures that the officer could care less for if it wasn't for the real "dough"(taxes, bills...etc).

You foolow your path and do what you have to do, but bare in mind that your health and sanity are not worth loosing-not for a lousy husband, not even for this country.

best of luck!

[MihaelaNYS 10]

All i'm saying is that if you think about it, you'd realise you have little or no controll over how things will unvail for you. No matter how much you twist and turn, there is no 100% clear path to take. You just have to pick one, stick to it and do your best. Otherwise you'd be twisting and turning in this vicious circle of despair and stress you're dealing with right now, finding no straight path to a clear as daylight solution of your situation. It will be more simple than you think, if your marriage was bonafide-just provide the proof to the immigration when the time comes and divorce is final and keep your fingers crossed. USCIS is not out to get people(i've dealt with them for 5 years now), but to follow the law(aka, follow the proofs, not the words of angry people, aka spouses). That said, take a look at what one needs when they go to the interview: taxes, bills, joint rent, ocasionaly pictures that the officer could care less for if it wasn't for the real "dough"(taxes, bills...etc).

You foolow your path and do what you have to do, but bare in mind that your health and sanity are not worth loosing-not for a lousy husband, not even for this country.

best of luck!

Thank you for your advice.

I tried to keep the subject "right to the point, legal-wise" and not so much getting into emotional details.

An immigration lawyer told me a while ago about a situation where the USC - husband - goes with his wife (immigrant) to the interview for AOS ... and he screw the whole thing, on purpose. Apparently he declared that his wife is a fraud or something like that .... well, take a wild guess what happened with her AOS.

Do you think USCIS approves it only based on proofs, such as bank statements, bills and all that paperwork?!!!

...hmmm.... The word of an angry spouse is taken into consideration. The USC doesn't risk a thing, on the other side, the immigrant risks his/her future here. And there were just words ... only words...

[3600rs 24]

All i'm saying is that if you think about it, you'd realise you have little or no controll over how things will unvail for you. No matter how much you twist and turn, there is no 100% clear path to take. You just have to pick one, stick to it and do your best. Otherwise you'd be twisting and turning in this vicious circle of despair and stress you're dealing with right now, finding no straight path to a clear as daylight solution of your situation. It will be more simple than you think, if your marriage was bonafide-just provide the proof to the immigration when the time comes and divorce is final and keep your fingers crossed. USCIS is not out to get people(i've dealt with them for 5 years now), but to follow the law(aka, follow the proofs, not the words of angry people, aka spouses). That said, take a look at what one needs when they go to the interview: taxes, bills, joint rent, ocasionaly pictures that the officer could care less for if it wasn't for the real "dough"(taxes, bills...etc).

You foolow your path and do what you have to do, but bare in mind that your health and sanity are not worth loosing-not for a lousy husband, not even for this country.

best of luck!

Thank you for your advice.

I tried to keep the subject "right to the point, legal-wise" and not so much getting into emotional details.

An immigration lawyer told me a while ago about a situation where the USC - husband - goes with his wife (immigrant) to the interview for AOS ... and he screw the whole thing, on purpose. Apparently he declared that his wife is a fraud or something like that .... well, take a wild guess what happened with her AOS.

Do you think USCIS approves it only based on proofs, such as bank statements, bills and all that paperwork?!!!

...hmmm.... The word of an angry spouse is taken into consideration. The USC doesn't risk a thing, on the other side, the immigrant risks his/her future here. And there were just words ... only words...

USCIS needs hardcore evidence to deny your green card, not just rants and emotional filled letters. If that was the case, more that half of the spouses would be denied.

Your evidence would refute any accusations if any. They love to see paperwork.

[diadromous mermaid 36]

Well, this might be true, *sometimes* but it all depends upon the evidence supplied to corroborate the allegation of fraud. Most individuals don't realise that the USC's opinion does carry more weight than they imagine. However, spurious claims of fraud don't get much action from USCIS.

All i'm saying is that if you think about it, you'd realise you have little or no controll over how things will unvail for you. No matter how much you twist and turn, there is no 100% clear path to take. You just have to pick one, stick to it and do your best. Otherwise you'd be twisting and turning in this vicious circle of despair and stress you're dealing with right now, finding no straight path to a clear as daylight solution of your situation. It will be more simple than you think, if your marriage was bonafide-just provide the proof to the immigration when the time comes and divorce is final and keep your fingers crossed. USCIS is not out to get people(i've dealt with them for 5 years now), but to follow the law(aka, follow the proofs, not the words of angry people, aka spouses). That said, take a look at what one needs when they go to the interview: taxes, bills, joint rent, ocasionaly pictures that the officer could care less for if it wasn't for the real "dough"(taxes, bills...etc).

You foolow your path and do what you have to do, but bare in mind that your health and sanity are not worth loosing-not for a lousy husband, not even for this country.

best of luck!

Thank you for your advice.

I tried to keep the subject "right to the point, legal-wise" and not so much getting into emotional details.

An immigration lawyer told me a while ago about a situation where the USC - husband - goes with his wife (immigrant) to the interview for AOS ... and he screw the whole thing, on purpose. Apparently he declared that his wife is a fraud or something like that .... well, take a wild guess what happened with her AOS.

Do you think USCIS approves it only based on proofs, such as bank statements, bills and all that paperwork?!!!

...hmmm.... The word of an angry spouse is taken into consideration. The USC doesn't risk a thing, on the other side, the immigrant risks his/her future here. And there were just words ... only words...

USCIS needs hardcore evidence to deny your green card, not just rants and emotional filled letters. If that was the case, more that half of the spouses would be denied.

Your evidence would refute any accusations if any. They love to see paperwork.