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Filed: Timeline
Posted

My husband arrived in march and greencard was issued either that month or in April. He walked out on me, we have been together for 6 years but our fights have just been more unbearable and untolerable, his greencard expires in 2012 and of course he wants to stay here. he is from pakistan. We have a son but he is back home with my mother and she takes care of him, the only time he contacted me was to say he was not coming back anymore and he would like to move on. of course i asked for him back and he said no, but now I am trying to move on, the only thing we have is a lease with both our names and his name under the electricity bill. i am aware that i did sign to support him for the I 184 but he is not cooperating with me, i asked him to send the keys to our mailbox, and when i asked about the technicalities of our paperwork he does not respond, he is trying to just run away and not even talk to me. His clothes are still at home. I have been supporting him and my son ever since. He lived with my parents ever since we were married. We are both here in the US but we were married in the Philippines. I am thinking we have to get divorced here because neither of us will be able to do an appearing for an annulment in the Philippines. For the custody of our son, he doesnt even want to talk about it, he said he is going to look for a job while his here and studying but knowing him and being idle for about 6 -7 months only going to a single job interview, i know it will be very difficult for him. what i want? for him to go back home. i want a divorce and i want my life to move on and i dont want him here in this country. how do i proceed about that, he walked out, has not been giving any support to our son and at the back of my mind, i feel he used me for the greencard, when he left he took his green card and passport but no documents whatsoever about paperwork for the marriage, only pictures, if not even deleted from him. im going to ask the landlord to change the lease name to me only, because im worried he will break in the apt and do something and get his things.

Posted (edited)

There is really not much you can do to "send him home" now that he has his green card. I think you're right to want to move on, so get a divorce like any US/US couple would (get locks on mailbox/front door changed etc), report the divorce to the USCIS and be done with him. Don't try to withhold any of his documents etc. from him. You're better than that.

Edited by Nik+Heather

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Filed: Timeline
Posted

Ok what if he does not want to cooperate with the divorce papers and just keeps on with his life away from cooperating with me, he doesnt answer the calls, doesnt email or text back, lets say he does this until the two years green card expires, and has not done any paperwork or divorce paperwork, what happens then?

Filed: Other Timeline
Posted (edited)

I cannot advice you on what you "should" do. But I can outline the legal framework for you.

In order to remove conditions in April of 2012 you still would have to live happily together as a married couple. Since that's not the case anymore already, he'll need to file with a waiver. What is important for the removal of conditions is that he can show/prove/document that he ENTERED the marriage in good faith. The way to do that is to provide DOCUMENTS showing that you guys filed taxes jointly, had a joint rent, a joint bank account, and other important documents that a married couple would have, such as combined health insurance, a joint car title, car insurance, etc.

If he did not take any of these documents and you make sure he can't get his hands on them, he'll have a hard time proving what he needs to prove. If he can't prove he entered the marriage in good faith, his ROC petition will be denied.

If you get divorced, he has to file for removal of conditions as soon as the marriage is dissolved, not after 2 years. So if you can get divorced quickly, you could also inform USCIS formally of this fact and utter your suspicion that you feel you have been married for immigration purposes only. What make me wonder, however, is why somebody would bring a child into this world, purely for immigration purposes. That I cannot get into my German head.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: K-1 Visa Country: Pakistan
Timeline
Posted

recent advise from an immigration lawyer proved to be a bit upsetting. the immigrant has a lot of rights. if you file for divorce, he can file the waiver for the i751 and he does have to prove good faith, however, i got the impression from the lawyer i saw that this is fairly easy to do. if he can get his hands on some money, he can file this and he will get approved. my husband and i do not have kids, property, etc etc, and this lawyer said it would be very easy for him the prove the case for my husband, should he had contacted him before i did. if the waiver is approved, you are still responsible for the affidavit of support. there is no way of canceling this. the hardship waiver is much harder to prove, but then you have to divorce in such a way that it will not be final by the time the green card expires. good luck, it seems like a lot of people are getting screwed. it's not fair. it seems like the immigrant has more rights than the citizen.

 
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