NEW YORK i751 Divorce Catch 22

[wowzer 0]

Hi Everyone,

I feel like I am in a catch 22. I have to file i751 soon. My wife wants a divorce. Ok fine. We married in good faith so I understand I can file separately with a divorce decree. My wife is willing to cooperate in the divorce and immigration process but she WILL NOT file jointly with me.

PROBLEM = We live in NYC.

Getting a divorce in NYC is a real pain in the ####. I am aware of all the grounds - and if I didn't have to file immigration papers related this would be a no brainer.

The main reason we want a divorce is due to irreconcilable differences. NOT AN OPTION IN NY

Someone has to be at fault.

The only possible way it appears we can get a divorce in a decent time is to file under CONSTRUCTIVE ABANDONMENT which means we haven't had sex for a year even though we still currently live together.

MY concerns are, will USCIS GRILL us as to why we got a divorce??? We can't really get divorced for the reasons we would like so what are we supposed to do? Will they say we committed fraud in order to get a divorce thus we are not to be trusted? Will they have an issue with the grounds?

ALSO. Who should be at Fault? ME: the immigrant or MY WIFE the American Petitioner????? That is, who should file against who???

Has anyone been in this situation??? I have tried calling lawyers and they all seem to send me back and forth between Divorce Lawyer and Immigration attorney. I am hoping some of you have had similar experience and solved it favourably.

Your advice/ HELP is appreciated.

[sasaqlain 24]

Sorry to hear about your situation. With my limited study of Law, I know one thing for sure, that its your wife who has to be at fault, in order for you to be safe. But then again, it will depend on your divorce decree and its outcome. USCIS will review it accordingly and make the decision. Usually in abusive marriages, they have a tendency towards the women. Men are mostly considered at fault. Good Luck

[wowzer 0]

Thanks for your response. Just want to clarify though -

There is NO ABUSE or cruel treatment.

My wife just wants a divorce. The marriage didn't work out. It says you can file with a divorce decree. Does it always have to be a cruel abuse situation?

Any more suggestions? Advice?

Sorry to hear about your situation. With my limited study of Law, I know one thing for sure, that its your wife who has to be at fault, in order for you to be safe. But then again, it will depend on your divorce decree and its outcome. USCIS will review it accordingly and make the decision. Usually in abusive marriages, they have a tendency towards the women. Men are mostly considered at fault. Good Luck

[sasaqlain 24]

Thanks for your response. Just want to clarify though -

There is NO ABUSE or cruel treatment.

My wife just wants a divorce. The marriage didn't work out. It says you can file with a divorce decree. Does it always have to be a cruel abuse situation?

Any more suggestions? Advice?

Sorry, I never implied that it was an abusive relationship. Just that whenever something goes wrong, its the weaker sex that attracts all the sympathies, and the man is usually at the receiving end of it. Yes, you can file with a divorce decree. The only concern for USCIS is, if it was marriage of good faith. You just need to prove that and leave the rest to fate. A dissolution of marriage could be due to a million reasons. Not necessarily an abusive one. Yours is a very common scenario. I wish the both of you happiness and contention in your decision to part.

Edited September 17, 2009 by saspak