Won't divorce me!

[diadromous mermaid 36]

Since the I-751 has already been 2 years, I can somewhat see her point. Why would you not want her to get the process finished?

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.

[conquest 0]

Why shouldnt she go back to her country? If the relationship is over then its over if she stays here he is responsible for her financial support or did we all forget that little piece of paper we sign called a I-864. No relationship no support if the process isnt complete then love or not go back.

Sounds harsh but that is the cruel trueth of all this

[justashooter 430]

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.

strike while the iron is hot.

if she trumps up some VAWA claim (she just might) your divorce becomes a moot point. if you notify USCIS of the divorce filing, she will have to refile as an independent petitioner.

I would notify, if I were you. truth is truth. you are not a bad person for stating it and making her play by the rules.

Edited March 9, 2009 by justashooter

[Bobby+Umit 161]

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.

You can contact the USCIS and tell them of your divorce. It is up to them what they do with your wife. If she entered the marriage in good faith, then she can file independent of you. (your lawyer should of told you this).

There are plenty of cases that are approved in this manner.

Perhaps if you show her this option she will divorce you. (sign the papers)

However, depending on the state your in, you may not need her signature, again, your lawyer should know the laws affecting you.

You are still constrained by the affidavit of support, even if she gets the green card. Divorce does not change that.

Perhaps that is why you want her to fail in getting the GC?

[rebeccajo 14]

PS - TBoneTX is not an immigration attorney.

[Ginger cat 3]

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.

You can contact the USCIS and tell them of your divorce. It is up to them what they do with your wife. If she entered the marriage in good faith, then she can file independent of you. (your lawyer should of told you this).

There are plenty of cases that are approved in this manner.

Perhaps if you show her this option she will divorce you. (sign the papers)

However, depending on the state your in, you may not need her signature, again, your lawyer should know the laws affecting you.

You are still constrained by the affidavit of support, even if she gets the green card. Divorce does not change that.

Perhaps that is why you want her to fail in getting the GC?

*

yup!

I would bet.

that's funny how ppl are so willing to sign the support file and everything...and then the best person in the world becomes the worst.

aren't there any stats on divorcees issued after a k1 or k3 visa?

[daboyz 36]

PS - TBoneTX is not an immigration attorney.

Thank god for that.

[Prawninator 138]

I read on another thread that if you withdraw your support as stated on the I-864, her waiting for the green card just might not happen. However, that is only a belief. You should still talk to your lawyer about all this.

My question is, why are you wanting for her to go back to her home country, when she clearly wants to stay? It sounds as though you want to get back at her for hurting you and therefore filing for the divorce, even though you say you're not a bad person and all that. Surely if you have ever loved her, you wouldn't want to see harm come to her? I mean, withdrawing your legally recognised financial support from her and getting the divorce done and over with should be enough to get on with your individual lives, right...?

Just saying what I'm observing, I'm not here to judge.

Either way, good luck.

[Chica Yeyé 41]

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.

OK, you file for divorce and she does not want to sign. Not a thing you can do to force her signature on the divorce side of things. Like someone mentioned, in some states you do not need her signature it seems.

As far as the removal of conditions; what matters is whether you both entered the marriage in good faith; which I am assuming you both did. You can send whatever you want to USCIS; that does not mean they will not allow for her removal of conditions.

You do not get to decide whether she stays or not. People file for removal of conditions on their own every day.

And yes, you sound quite revenge-prone. Divorce and move on.

[conquest 0]

Hold on just a minute.

She came here to be with some one why then would she not go back if it didnt work out? or is it all about coming to america and getting the green card? ( hhhmmm sounds suspicious to me) You guys slam the OP for not wanting it but why should he have to support some one if he doesnt have to?

[Magnolia31 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.

USCIS has NO control or the authority to make a divorce proceeding go faster.

[Chica Yeyé 41]

Hold on just a minute.

She came here to be with some one why then would she not go back if it didnt work out? or is it all about coming to america and getting the green card? ( hhhmmm sounds suspicious to me) You guys slam the OP for not wanting it but why should he have to support some one if he doesnt have to?

Whatever the spouse decides to do is really not of yours or my business, really. Neither you or I know what is really going on, unless you can read minds.

[Magnolia31 0]

PS - TBoneTX is not an immigration attorney.

Thank god for that.

Some men do get quite revengeful. My husband is trying to get revenge on me as well and is using the whole removal of condition thing against me, to do so. Before i came here, I had no clue how controlling and dominating he is. I basically walk on egg shells. When he returned from Iraq last year it got even worse. Now he is about to get sent on a short tour to Ft Meade Maryland due to the military, and plans on kicking me and my children out in the streets. I have a 11 month old which is his child, but he couldn't care less.

Anyhow, I am due to file my removal of conditions in April. This man refuses to divorce me, due to him getting paid more by the military if he stays married, but has absolutely NO plans on filing the I-751 with me. He would also much rather that I go back to Germany - he does not want me to stay in the states because he knows I much rather would, but again, he is being spiteful and revengeful because I was not a submissive little slave and is now trying to jeopardize my visa.

If i file by myself I know there is a chance that I will get denied. If that happens, he gets my daughter because he will refuse to give permission for me to get her passport. I am scared to death.

Never again will I allow myself to get in a situation such as this.

I read on another thread that if you withdraw your support as stated on the I-864, her waiting for the green card just might not happen. However, that is only a belief. You should still talk to your lawyer about all this.

My question is, why are you wanting for her to go back to her home country, when she clearly wants to stay? It sounds as though you want to get back at her for hurting you and therefore filing for the divorce, even though you say you're not a bad person and all that. Surely if you have ever loved her, you wouldn't want to see harm come to her? I mean, withdrawing your legally recognised financial support from her and getting the divorce done and over with should be enough to get on with your individual lives, right...?

Just saying what I'm observing, I'm not here to judge.

Either way, good luck.

LOL, I was actually responding to you with my last post but accidentally posted to someone else.

[Magnolia31 0]

Why shouldnt she go back to her country? If the relationship is over then its over if she stays here he is responsible for her financial support or did we all forget that little piece of paper we sign called a I-864. No relationship no support if the process isnt complete then love or not go back.

Sounds harsh but that is the cruel trueth of all this

Well i for one dont wanna go back. Neither do I want my husband to support me - I work and am quite capable of doing so myself. I don't think I should go back to my country just because my husband wants me to. I have to American kids and if I got denied my right to remain here, they would be affected by that.

I'm not the OP's wife or whatever but my husband is trying to pull the same thing ... but only because he is controlling and dominating and is cheating on me. How is that fair to me and my kids? So now we should suffer?

[Chica Yeyé 41]

I agree with sister magnolia . I find it disgusting that some -note, some- people think that foreign spouses can just be "shipped back". Newsflash idiots: we are not furniture.