Won't divorce me!

[Hank Scorpio 0]

I have recently filed for divorce with my lawyer. My spouse has refused to sign the divorce papers because she has not had conditions removed and received her 10yr card. Her thinking is that if she doesn't sign, she can hold out until her card come in the mail. How likely are we to have another interview? We had our initial interview two summers ago. Last year she received a letter for an extension.

I very, VERY much want a divorce and I was thinking, if I send USCIS a copy of the divorce filing, her point to hold out will become moot. To clarify, I want to send USCIS my filing for divorce so that they will refuse to grant her permanent status. Will this work? Will they refuse her application?

I appreciate your help and for the record I am not a bad person.

[MihaelaNYS 10]

"To clarify, I want to send USCIS my filing for divorce so that they will refuse to grant her permanent status. Will this work? Will they refuse her application?"

- In other words, you want to screw your wife's legal status (and even her future) in US.

"I appreciate your help and for the record I am not a bad person."

- sure, only a nice guy would think like you!!!

I met idiots that think they have power and control over somebody's life and future just because they are Citizens of US ... and the spouse, is not. What kind a marital relationship can they have ?! Respect towards the immigrant spouse is obviously non-existent from the start....

If she failed you in any way as a wife and you have grounds for divorce and some kind of evidence of what she has done to you, then you will have your chance in Court to prove your case.

She will have to let USCIS know about the divorce proceedings (if not, it will go against her later on). You don't have to mess with USCIS is not your problem! If there is, they will contact you, don't worry.

The only way her immigration process won't be affected by your filing, is if her removal of temporary condition has been already approved.

[Hank Scorpio 0]

You say this assuming you know everything that encompasses our relationship. You say this thinking that I enjoy or some how derive pleasure from the situation my wife has put me in. Get a clue clown.

[TBoneTX 45,962]

I have recently filed for divorce with my lawyer.

What does your lawyer say about the immigration aspect?

[Dakine 26]

If your wife originally married you mostly for love and not just for a GC then you divorcing her won't hurt her in removing conditions. She may have to refile the I-175.

Your trip but revenge can backfire!

Divorce her and both of you move on with new lives.

Edited March 9, 2009 by Haole

[srfay3 0]

you know what brother (hank scorpio) you gonna get lots of more cursing messages in next 48 hours.cuz ppl over here talk alot instead of giving answers

what is asked.

its crazy man i dont know why ppl are so much looking for US GC while ppl who are born here are getting laid off of their work and now you live in mexico or you live in US its same.

[Fizz 1]

how about everybody calm down for a minute??

he stated he wants a divorce. he stated he believes she is not granting him a divorce because she might be holding out for a green card. in order to get the "holding out for a green card" taken out of the equation he is wondering whether he should let USCIS know about divorce proceedings. this could possibly lead to him being divorced faster since she would not longer have anything to hold out for.

the sarcastic remarks about him being a nice guy and screwing over his wife are completely uncalled for.

[Hank Scorpio 0]

@TBoneTX - He said it is my prerogative. If I choose to do so, then so be it. He is also an immigration lawyer.

@ Haole - The problem is she WON'T sign the papers. I dunno how it could backfire. Besides, this isn't revenge in any way, shape, or form. I TOO originally married for love. This wasn't just for the GC. Although in retrospect it might be on her side considering things went ugly just after the first interview.

@ srfay3 - Funny thing is that I am trying to move out of this country too, FOR WORK. I do understand why people are looking for GC in the US. That I get, but this country is headed in a downward spiral which for some is still better than where they come from. Think Guinea-Bissau

Thank you all for your input.

[Dakine 26]

@TBoneTX - He said it is my prerogative. If I choose to do so, then so be it. He is also an immigration lawyer.

@ Haole - The problem is she WON'T sign the papers. I dunno how it could backfire. Besides, this isn't revenge in any way, shape, or form. I TOO originally married for love. This wasn't just for the GC. Although in retrospect it might be on her side considering things went ugly just after the first interview.

@ srfay3 - Funny thing is that I am trying to move out of this country too, FOR WORK. I do understand why people are looking for GC in the US. That I get, but this country is headed in a downward spiral which for some is still better than where they come from. Think Guinea-Bissau

Thank you all for your input.

@ Haole - The problem is she WON'T sign the papers. I dunno how it could backfire. Besides, this isn't revenge in any way, shape, or form. I TOO originally married for love. This wasn't just for the GC. Although in retrospect it might be on her side considering things went ugly just after the first interview.

Point out to her that she may actually be committing fraud by continuing with the I-751 being separated. Much safer if she gets the divorce and refiles.

"I want to send USCIS my filing for divorce so that they will refuse to grant her permanent status

Sounds like a bit of revenge to me!

Edited March 9, 2009 by Haole

[alexpapa 4]

I have recently filed for divorce with my lawyer. My spouse has refused to sign the divorce papers because she has not had conditions removed and received her 10yr card. Her thinking is that if she doesn't sign, she can hold out until her card come in the mail. How likely are we to have another interview? We had our initial interview two summers ago. Last year she received a letter for an extension.

I very, VERY much want a divorce and I was thinking, if I send USCIS a copy of the divorce filing, her point to hold out will become moot. To clarify, I want to send USCIS my filing for divorce so that they will refuse to grant her permanent status. Will this work? Will they refuse her application?

I appreciate your help and for the record I am not a bad person.

Your attorney should be able to push the issue to a judge who can then make a final judgment to make the divorce final.

[Hank Scorpio 0]

@ Haole - Yes it does, but I wanted to clarify my point. I really am not a bad person. I have jumped through hoops and gone to great lengths for my spouse. It's unfortunate that it has come to this. I have come to the end of my rope and am all out of options. I wish I could make contact but my lawyer has advised me remain incommunicado.

Thanks again to everyone for your help.

[wowswift 3]

well, she can contest a divorce, but you also don't have to go to her interview (if she gets one soon). she can refile on her own after a divorce, but sounds like she wants to drag it out. let her dig her own grave. just keep on going with your divorce. as far as sending in a copy of your filling for divorce, i really don't know. up to you on that, maybe DM can clarify

Edited March 9, 2009 by wowswift

[Aussielad 37]

@ Haole - Yes it does, but I wanted to clarify my point. I really am not a bad person. I have jumped through hoops and gone to great lengths for my spouse. It's unfortunate that it has come to this. I have come to the end of my rope and am all out of options. I wish I could make contact but my lawyer has advised me remain incommunicado.

Thanks again to everyone for your help.

well, what EXACTLY is "the situation" that leads you to believe she is just holding out for?...what happened to bring everything to this point?

[Paul & Evelyn 0]

I have recently filed for divorce with my lawyer. My spouse has refused to sign the divorce papers because she has not had conditions removed and received her 10yr card. Her thinking is that if she doesn't sign, she can hold out until her card come in the mail. How likely are we to have another interview? We had our initial interview two summers ago. Last year she received a letter for an extension.

I very, VERY much want a divorce and I was thinking, if I send USCIS a copy of the divorce filing, her point to hold out will become moot. To clarify, I want to send USCIS my filing for divorce so that they will refuse to grant her permanent status. Will this work? Will they refuse her application?

I appreciate your help and for the record I am not a bad person.

Yo Hank Scorpio dude,

I don't consider you a bad person, and others who rush to judgement out here should not do so. But consider this. If she signs the divorce papers, a good divorce lawyer might realize that you are on the hook for spousal support (alimony). Remember, you did file an I-864, Affidavit of Support, when you did did your Adjustment of Status. The following comes directly from the Instructions to the I-864, which I suspect is chipped in stone as part of federal law:

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the UnitedStates. Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of aspouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work. The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

You should probably discuss this with your lawyer before you forge ahead with your divorce. You might be better off remaining married and not worry about whether or not she gets her GC. Food for thought.

[SamM223 0]

I would say you should send a copy of the divorce papers to immigration before she starts claiming that you have been physically and mentally abusing her. That way you can intercept any claims she may make. Because why would she fight a divorce if you have been abusing her?

And then move on with your life.

If she is indeed looking for a green card, then she will most likely find someone who will help her get one. They are a dime a dozen it seems.