Recommendation on Divorce and I-751 Filing

[Bobby+Umit 161]

I would think going to the interview and lying to the them (if asked specific questions) would be basis of a "fraud" charge, I mean, when you go into the interview, are you not sworn in, stating that everything you say is the truth?

[Bobby+Umit 161]

Oh - I based my last post on this:

In an effort to root out the fraudulent marriages, the removal of conditions process requires that the applicants show that the marriage is still valid and is a valid and bona fide marriage. In order to establish this, applicant couples are required to provide evidence which establishes that they have been living together as husband and wife. Such evidence includes birth certificates of children born to the marriage, statements of joint bank accounts, and copies of jointly filed tax returns.

In most cases, this process if fairly routine but problems can arise in cases where the couples are separated, divorced, estranged, or cannot produce sufficient evidence to prove that they have been living together as husband and wife.

Removal of conditions

Lawyer would be able to walk the OP and his girlfriend through this.

[nidart 0]

Oh - I based my last post on this:

In an effort to root out the fraudulent marriages, the removal of conditions process requires that the applicants show that the marriage is still valid and is a valid and bona fide marriage. In order to establish this, applicant couples are required to provide evidence which establishes that they have been living together as husband and wife. Such evidence includes birth certificates of children born to the marriage, statements of joint bank accounts, and copies of jointly filed tax returns.

In most cases, this process if fairly routine but problems can arise in cases where the couples are separated, divorced, estranged, or cannot produce sufficient evidence to prove that they have been living together as husband and wife.

Removal of conditions

Lawyer would be able to walk the OP and his girlfriend through this.

Thank you very much for this information. I guess that the best thing we can say is that my girlfriend and I truly want to do what is right and proper. We are afraid of her deportation back to her home country and we would not be able to be with each other again. I did tell her that I would gladly give up my citizenship to the US to be with her and she has nothing to fear there, but we both agree that life in the US is the best for all of us. This gives us something to work with. I truly was under the impression that we had no option other then to wait for her to get her 10 yr green card.

[Ree 9]

There is something weird in this story. How can she be your girlfriend if she lives with her husband and he even doesn't know that she cheats on him with someone else?

[Chica Yeyé 41]

There is something weird in this story. How can she be your girlfriend if she lives with her husband and he even doesn't know that she cheats on him with someone else?

oh snap!!!

[jundp 191]

There is something weird in this story. How can she be your girlfriend if she lives with her husband and he even doesn't know that she cheats on him with someone else?

This was my point in my original post. I'm not trying to be cruel, but you have to understand that there are people on here who have been used by their SO's for greencards, whilst they had "boyfriends" and "girlfriends" waiting in the wings. Some have even fabricated stories of abuse so they could have someone else waiting. I'm not saying this is the case with you, and you seem to want to do the right thing...but see, to many here doing the right thing is not cheating on your husband.

[Nyte 1]

There is something weird in this story. How can she be your girlfriend if she lives with her husband and he even doesn't know that she cheats on him with someone else?

And how can you be sure she won't do this to you with some other man later on?

Sorry. This turns my stomach as someone who has gone through this process and suffered to be with the one he loves.

[sj5 4]

That's up to you. As long you enjoy to share woman then go for it. She is not learning still. Finding a man inside her marriage is lovely jobly good idea. Good luck to your journey.

Edited May 5, 2009 by sj5

[R de la R 2]

I realize this is kind of hard to explain and I will do the best that I can but hopefully someone can assist me with some direction on this.

My girlfriend is married to an american citizen. She has been married for 3 years and 2 months. She is by no means in love with this guy any longer as he does nothing for her. In January of 2009 she filed for her I-751 to remove conditions. It is my understanding that the Vermont service center is taking up to a year to process. We are under the understanding that once the I-751 conditions are removed then she will be able to divorce him and not have to worry about him removing her sponsorship and her possibly being deported.

She did marry him with the intention of making things work, but this guy wants a slave...not a wife. He is not physically abusive, but he is mentally abusive and this is something I cannot prove.

This is the current situation that I am aware of.

In January she filed her I-751

In February she received and went on her Biometrics appointment.

Now the waiting game begins. I am not sure what kind of timeline we are waiting on, but what are the recommendations out there. I fully understand that waiting for the 10 year green card is the best thing, but this is so very hard and I am wondering if there is anything that can be done without worry about her getting deported. As soon as she does divorce this guy she and I will be married....that is our eventual goal....but for now, we have to keep things quiet. By the way, I am an american citizen and if I could make this happen, I would do it, but not quite sure what can be done.

Thank You

Nidart

A lawyer won't be able to do anything for you, except for helping her with the removal of condition in her own, for doing this she needs to prove it.

[vof 0]

Don't go all touchy when you don't get the answers you were hoping for. We are telling you what it is. No one in here will advocate doing what your "girlfriend" plans to do. It is fraudulent and dishonest. If an immigration attorney advises you to follow up on your "plan" -- he or she is also advocasting breaking the law.

As much as I could feel bad for your "girlfriend"; the fact that she is an adulteress cheating on her husband with you; and planning to treat him like an imbecile to obtain a green card makes my stomach turn. I feel for the husband; and pray he finds out what you and her are up to.

I agree with Len. The fact that she is still married to her husband no matter how pitiful you paint her situation is, what she's doing is wrong. She should have gotten out of the marriage legally and remove conditions based on that fact. I am not suggesting she intended to commit fraud when she entered the marriage but she is now, based on her relationship with you when she is still married and her plan to wait until she gets her 10-yr GC before filing divorce.

I thank you all for the responses. And yes, some of these seem to be hurtful and crude, but I do not know the way these things work. I was unaware that my girlfriend could file for I-751 and also file seperation/divorce from husband. I was under the impression that in order to remove conditions she had to be with him until the 10 yr green card was approved. If there is a wait or another way to do this, then we will do it. We are both quite niave on how this process works and what needs to be done. We are kind of afraid to consult an attorney as we do not want to be lead down a path of no return and no choice. I dont know if I am making sense...but I will see what I have to do from here for her and I....and yes, we both want to do what is right and correct for everyone involved.

ITS FRAUD BABY, I BEEN THROUGH IT...FRAUDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD BUT SHE WILL WIN THE CARD BECUZ SHE IS WOMEN

[Bobby+Umit 161]

did some digging, and found all the guidance you will need for the I-751 via the USCIS.

I-751

read the last three posts of mine in this topic (check the links in the posts!)

You will need to be, to file the I-751:

1. Divorced, and you file with a waiver for joint filing,

2. Separated, but both parties agree to go to the interview and sign the paperwork, you must inform CIS prior to the interview,

3. You get denied in your joint I-751 (not divorced, won't sign if separated), you get put into removal proceedings, you can then ask the immigration judge to give you time to divorce and attempt to file your own I-751.

In all cases, you will need to show a bona fide marriage, entered in good faith.

Found lot's of good guidance on this issue - hope it helps someone...

[brendon1101rebz 0]

There is something weird in this story. How can she be your girlfriend if she lives with her husband and he even doesn't know that she cheats on him with someone else?

And how can you be sure she won't do this to you with some other man later on?

Sorry. This turns my stomach as someone who has gone through this process and suffered to be with the one he loves.

amen to that.. that kind of girl is scary.. i don't want to sound cruel.. but that is cheating.. and using someone just for her own good is not right..

anyway good luck! keep us posted in your journey.

wish you all the best!

Edited May 8, 2009 by brendon1101rebz

[Immigrant2009 0]

WOW,

This is one bizzare thread . I want to be neutral on this but can't. Please don't get me wrong, Since you asked the question, i ask you the same question.

How would you have felt if this happened to you meaning, you married a women you loved and both of you had issues, but she found another guy and was with you only just to get the GC and then ditched you. Later on you found out, that she even was cheating on you, wont you blood boil with the thought of being cheated and being used.

Just think about it. I don't mean to be rude, but it's a fact and someone's life. I am not trying to blame you for all this and not her completely, but she is some what responsible for this situation as well.

The best scenario would have been if after marriage she found that her husband wants a slave girl and not a wife, can't provide for her, can't take care of her needs and tortures her mentally and emotionally (let's say even physically). She should have reported him or should have seek marriage counseling or things were really bad she should have filed for divorce and applied for I-751 based as divorcee for reason of marriage on good faith and deportation will result in extreme hardship for her.

She might have gotten an RFE or an interview and her case might be approved. Now the only way out is either she waits till the case is processed (tries to work out things with husband and leave you) or she asks for divorce, notifies USCIS about the change of her situation and file a new I-751 since the last I-751 is not that old and it's not been over a year since last one was filed based on your info.