FILING i751 DIVORCE in NYC HELP!

[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? THERE WAS NO ABUSE & NO CRUEL TREATMENT. The marriage just didn't work out.

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.

[rika60607 215]

Well, if she files, you will look like you have a medical problem,

and if you file, you will look like a horny macho :devil: :devil:

Catch22 indeed.

Technically, you should stop having s.e.x. now and divorce a year later. That is in a perfectly rule abiding world. It means you may or may not be able to work for that year. Spousal support galore?

I am sorry for your situation. This is where conflict between divorce and immigration law puts you between a rock and hard place. Happens all the time though. I personally would take the hard route and follow both laws.

(ie divorce a year later).

[Anamaria2009 1]

Try to reconcile with your US spuse. Get counseling or something like that. Then you can show USCIS that you wanted to be in the marriage and made an effort to save it....

if not, take your chances and file for constructive abandonment if she doesnt contest it, you will have your decree in a few months. It doesn't take a year to get the decree, but it means that your separation as a couple started a year ago and you might have to describe the circumstances of why that happened to USCIS....

I know it's hard, but make an effort and get your spouse on your side on this. She might agree to help you with I751.

[wowzer 0]

Yes it is damn annoying. We have had sexual relations within the last year - of course we have - we're married!!!!!!

I can't wait a year because I have to file i751 before February 2010.

My wife WILL NOT file i751 jointly - she is adamit that she gets a divorce ASAP. She will however help me in every other way - ie gathering evidence, consenting to divorce etc.

Our relationship DID NOT end a year ago. BUT WHAT AM I SUPPOSED TO DO????????

WHAT DO THEY WANT FROM ME????????

Try to reconcile with your US spuse. Get counseling or something like that. Then you can show USCIS that you wanted to be in the marriage and made an effort to save it....

if not, take your chances and file for constructive abandonment if she doesnt contest it, you will have your decree in a few months. It doesn't take a year to get the decree, but it means that your separation as a couple started a year ago and you might have to describe the circumstances of why that happened to USCIS....

I know it's hard, but make an effort and get your spouse on your side on this. She might agree to help you with I751.

[Anamaria2009 1]

Yes it is damn annoying. We have had sexual relations within the last year - of course we have - we're married!!!!!!

- I know, been there, done that ... that's why is reqiured the year separation ... so both of you have time to reconcile.

You need evidence that you tried to reconcile. Document the fact that she doesn't want the marriage to go on. Get an affidavit from her stating the good faith marriage and the fact that she wants out.

I can't wait a year because I have to file i751 before February 2010.

- you don't have to if she consents to divorce and doesn't contest it.

My wife WILL NOT file i751 jointly - she is adamit that she gets a divorce ASAP. She will however help me in every other way - ie gathering evidence, consenting to divorce etc.

- Good! Get the affidavit from her.

Our relationship DID NOT end a year ago. BUT WHAT AM I SUPPOSED TO DO????????

- You will have to write an affidavit about your marriage (along with your application self-petition) starting from the courtship phase until the brake up.

everithing that you state there, will be supported by her affidavit.

WHAT DO THEY WANT FROM ME????????

- grow up, the law is the law and as somebody told me a while ago when I was as frustrated as you about this type of situation:

in court, doesn't matter the truth but how you know to play the cards/game. Learn the rules first to be able to play the game right. ...

To make a marriage work is a joint effort ... if you prove that you tried but she didn't want to stay married to you, then is not your fault that you self-petition.

[lailaa 0]

I dont think there is such a thing like waiting 1 year or so, I divorced before in NY and my husband divorced in NY 2 times all our cases didnt even take more than 3 month..You need a good attorney..

are you living in NY?

because I know 2 very good attorney at manhattan that I can reccomend to you, we used both of them for divorce and immigration.. One of them expert on immigration law but handles divorce cases with success as well, my husband used him for one of his previous divorce case and I used him for immigration,

Another one who is my favorite, is expert on divorce law, he handled my first divorce in 2-3 months with success plus we used him for my husbands last divorce it was an express divorce case it took only 15-20 days and 2.5 K.

if you dont prefer quick doivorce you pay I guess around 1K and takes 2-3 months to get divorce decree..

if you want/need I can give you their name and contact number tomorrow, I dont know if I am allowed to write attorney names at in VJ forum but you r always welcome to give me your e mail adress and I can pass you their information..