How is it possilbe?

[bucknutt76 0]

Hello everyone. I have a quick question here and I really don't know that rules on how this goes. Wife just received her green card about 3 weeks to a month ago. We got into a big argument over a guy that she had met and she went and stayed with him for 4 days. Long story short it still isn't ok. She is now staying with a friend of mine and doesn't want to work this out with me even though I told her I would do anything to work it with her. I know I haven't been as supportive as I could have been in the past and I should have been there for her more and I understand that now and I want to work on it but she doesn't want to. She also doesn't want to go back to England. She wants to stay here in the U.S. My question is how is that possible. I know she is speaking with a immigration lawyer but I was told that if our marriage didn't work she had to return to her country. She tells me that it will take 2-3 months for her to do what she needs to do to be able to stay but she cant sign divorce papers during that time and doesn't want me to file for it. Can anyone please tell me what she is planning to do and how this lawyer could make it to where she could stay. Im very confused and would really appreciate the help. Please if anyone knows whats going on here please enlighten me. Thank you very much.

[Inky 1,110]

Sorry but she has her green card she can stay and you are on the hook with the I-864 papers you submitted. Nothing you can do about it now.

[ChrisPG 30]

Hello everyone. I have a quick question here and I really don't know that rules on how this goes. Wife just received her green card about 3 weeks to a month ago. We got into a big argument over a guy that she had met and she went and stayed with him for 4 days. Long story short it still isn't ok. She is now staying with a friend of mine and doesn't want to work this out with me even though I told her I would do anything to work it with her. I know I haven't been as supportive as I could have been in the past and I should have been there for her more and I understand that now and I want to work on it but she doesn't want to. She also doesn't want to go back to England. She wants to stay here in the U.S. My question is how is that possible. I know she is speaking with a immigration lawyer but I was told that if our marriage didn't work she had to return to her country. She tells me that it will take 2-3 months for her to do what she needs to do to be able to stay but she cant sign divorce papers during that time and doesn't want me to file for it. Can anyone please tell me what she is planning to do and how this lawyer could make it to where she could stay. Im very confused and would really appreciate the help. Please if anyone knows whats going on here please enlighten me. Thank you very much.

What you was told is incorrect.

Once she has her green card in hand then she is a permanent resident until an immigration Judge decides otherwise.

She can file for divorce, have it finalized and then file form I-751, to remove the conditions without you-- she will still need to prove that the marriage was entered into in good faith per the I-751. This is of course assuming she has a 2 year, conditional GC-- if she doesn't then this step doesn't even apply.

Long story short, she is free to move on and not return to her country and I am sure that her attorney has said about the same.

[bucknutt76 0]

It is true she has the 2 year green card. So thats the only thing she has to do to be able to stay? Man I feel like I got screwed over on this one

[X Factor 1,112]

It is true she has the 2 year green card. So thats the only thing she has to do to be able to stay? Man I feel like I got screwed over on this one

I feel for you that it turned out this way. We all live and learn.

[VanessaTony 3,567]

It is true she has the 2 year green card. So thats the only thing she has to do to be able to stay? Man I feel like I got screwed over on this one

Yes and no.

The reason she wants you to wait to file for divorce is because then it looks REALLY bad that divorce was filed right after she got the greencard. It screams fraud so her ROC will be harder (harder to prove co-mingling and a genuine relationship if she split so soon). She doesn't need months, she wants those months so it looks like she "tried to make it work".

ALSO, she needs to file ROC as soon as the divorce is final. The longer you wait the more time she has to save money to file for ROC. She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE.

So my advice is this: File for divorce on Monday. Do not tell her and just have her served ASAP. Some people suggest a restraining order as well so she can't come and abuse you and act crazy or you'll call the police and have her arrested. She will probably try and fight the divorce but without much money she won't be able to do as much as she is probably planning (filing for support under the I-864 etc). Then once the divorce is final send a letter to USCIS letting them know with a copy of the divorce decree and perhaps a letter stating that she left you for someone else and while you wanted to work on the relationship she wasn't willing to (whatever the story is). You'll need her A# etc. They won't actually do anything except put it on her file.

Also, make sure you change the locks on the doors (she has moved out and therefore it is legal for you to do but double check with your lawyer). Make sure you take her name off any bills. Take her off any bank accounts (if possible) but if you can't (some won't let you without that persons permission) then change where your work pay is going (so she can't take it out). If she has an authorised card to your credit cards or anything like that shut them down. Some people suggest taking all of the money out of the joint accounts, some say don't. I personally would until your lawyer tells you whether you are obligated to leave it in there and if so then you can just put it all back (the withdraw/deposit will match so not a biggie).

Make a copy of any of the paperwork you have submitted (I-864, K1 stuff etc) and keep it in a safe place. This should have her information on it and might be useful one day (say you file for someone else you'll need to know some of her info).

You should file for divorce asap. Do not wait as she is suggesting. She has something planned and that's rarely a good thing. Oh, and never see her alone. If her ROC documents are weak she might try and claim she HAD to leave because you were abusive. So do NOT be alone with her. EVER. Until the divorce is final. Even then be VERY VERY wary.

**Edit - on re-reading your OP I thought I should warn you a little more.. the waiting 2-3 months to "do what she needs to do to be able to stay" could be:

- giving her more time to make it look like she tried

- filing for ROC based on abuse and that she HAD to leave you because you were abusive.

She is permitted to stay now she has the 2 year card (so 2-3 months to "do what she needs to do" is a lie so something else is planned) but divorce makes her in breach of the "marriage to USC" condition and so she needs to ROC immediately. So soon after getting the card looks suspicious so yeah... she's got something bad planned. Stop talking to her. Stop dealing with her except through your divorce attorney who you will see on Monday and who you will have file for divorce ASAP (same day if possible). Also, the person who files is able to set the grounds for divorce. To make life simpler I wouldn't make the divorce conditions difficult. just "this is the end. You owe me nothing I owe you nothing". She could be planning some big convoluted "divorced on grounds of abuse" thing if that's what your state permits.

Edited March 24, 2012 by Vanessa&Tony

[Darnell 8,478]

echo Vanessa. Do all in her list of instructions for you.

Hurry Hurry, Mr. Merry.

File On Monday.

[ChrisPG 30]

Yes and no.

The reason she wants you to wait to file for divorce is because then it looks REALLY bad that divorce was filed right after she got the greencard. It screams fraud so her ROC will be harder (harder to prove co-mingling and a genuine relationship if she split so soon). She doesn't need months, she wants those months so it looks like she "tried to make it work".

ALSO, she needs to file ROC as soon as the divorce is final. The longer you wait the more time she has to save money to file for ROC. She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE.

So my advice is this: File for divorce on Monday. Do not tell her and just have her served ASAP. Some people suggest a restraining order as well so she can't come and abuse you and act crazy or you'll call the police and have her arrested. She will probably try and fight the divorce but without much money she won't be able to do as much as she is probably planning (filing for support under the I-864 etc). Then once the divorce is final send a letter to USCIS letting them know with a copy of the divorce decree and perhaps a letter stating that she left you for someone else and while you wanted to work on the relationship she wasn't willing to (whatever the story is). You'll need her A# etc. They won't actually do anything except put it on her file.

Also, make sure you change the locks on the doors (she has moved out and therefore it is legal for you to do but double check with your lawyer). Make sure you take her name off any bills. Take her off any bank accounts (if possible) but if you can't (some won't let you without that persons permission) then change where your work pay is going (so she can't take it out). If she has an authorised card to your credit cards or anything like that shut them down. Some people suggest taking all of the money out of the joint accounts, some say don't. I personally would until your lawyer tells you whether you are obligated to leave it in there and if so then you can just put it all back (the withdraw/deposit will match so not a biggie).

Make a copy of any of the paperwork you have submitted (I-864, K1 stuff etc) and keep it in a safe place. This should have her information on it and might be useful one day (say you file for someone else you'll need to know some of her info).

You should file for divorce asap. Do not wait as she is suggesting. She has something planned and that's rarely a good thing. Oh, and never see her alone. If her ROC documents are weak she might try and claim she HAD to leave because you were abusive. So do NOT be alone with her. EVER. Until the divorce is final. Even then be VERY VERY wary.

**Edit - on re-reading your OP I thought I should warn you a little more.. the waiting 2-3 months to "do what she needs to do to be able to stay" could be:

- giving her more time to make it look like she tried

- filing for ROC based on abuse and that she HAD to leave you because you were abusive.

She is permitted to stay now she has the 2 year card (so 2-3 months to "do what she needs to do" is a lie so something else is planned) but divorce makes her in breach of the "marriage to USC" condition and so she needs to ROC immediately. So soon after getting the card looks suspicious so yeah... she's got something bad planned. Stop talking to her. Stop dealing with her except through your divorce attorney who you will see on Monday and who you will have file for divorce ASAP (same day if possible). Also, the person who files is able to set the grounds for divorce. To make life simpler I wouldn't make the divorce conditions difficult. just "this is the end. You owe me nothing I owe you nothing". She could be planning some big convoluted "divorced on grounds of abuse" thing if that's what your state permits.

Beyond the bolded text, I agree.

1) If a person has a 2-year GC, then simply divorcing their USC doesn't make them "deportable" this is none-sense. They are still permanent residents and have a right to file Form I-751 at ANY time after their divorce is finalized, up until their 2-year GC expires. This information is right there in the instructions to the form and the legal wording can easily be found online.

2) Divorce does not breach anything, other than her religious vows of "to death do us part" blah blah-- but the USCIS doesn't care about this. Furthermore, divorce doesn't mean that she has to file "immediately". Per the instructions to Form I-751, a person may file this form as *single* as soon as their divorce is final, there is no *need* to wait until the "90 day" window that those filing jointly are subjected to-- but there is nothing prohibiting a single person from also filing within in this window.

[VanessaTony 3,567]

Beyond the bolded text, I agree.

1) If a person has a 2-year GC, then simply divorcing their USC doesn't make them "deportable" this is none-sense. They are still permanent residents and have a right to file Form I-751 at ANY time after their divorce is finalized, up until their 2-year GC expires. This information is right there in the instructions to the form and the legal wording can easily be found online.

2) Divorce does not breach anything, other than her religious vows of "to death do us part" blah blah-- but the USCIS doesn't care about this. Furthermore, divorce doesn't mean that she has to file "immediately". Per the instructions to Form I-751, a person may file this form as *single* as soon as their divorce is final, there is no *need* to wait until the "90 day" window that those filing jointly are subjected to-- but there is nothing prohibiting a single person from also filing within in this window.

Sorry but no you're wrong. There are many threads about this, including ones that have the INA sections that explain it. Technically you're right in that her GC doesn't automatically expire or anything once she's divorce BUT she MUST file ROC as soon as the divorce is final or if she runs into ICE (one dude was served divorce papers at the airport so ICE there locked him up to start deportation proceedings for breaching one of the the conditions of the GC) they will lock her in immigration jail and have her see an Immigration Judge who will either: 1. Deport her 2. Allow her to try and ROC.

Read this thread: http://www.visajourney.com/forums/topic/356156-divorce-for-a-battered-spouse/page__p__5219349__hl__divorced+ina__fromsearch__1#entry5219349 it should jump to the post that explains the INA stuff a little.

[Sandra G. 5,048]

"She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE", this information is COMPLETELY WRONG. The Immigration Law states the I-751 with a request that the joint filing requirement be waived can be filed file ANY TIME after granted the conditional resident status, following the divorce and before the conditional residency expires.

Edited March 25, 2012 by sandranj

[Sandra G. 5,048]

"She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE. This information is COMPLETELY WRONG. The Immigration Law states the I-751 with a request that the joint filing requirement be waived can be filed file ANY TIME after granted the conditional resident status following the divorce and before the conditional residency expires.

[Fight for Love 98]

Yes and no.

The reason she wants you to wait to file for divorce is because then it looks REALLY bad that divorce was filed right after she got the greencard. It screams fraud so her ROC will be harder (harder to prove co-mingling and a genuine relationship if she split so soon). She doesn't need months, she wants those months so it looks like she "tried to make it work".

ALSO, she needs to file ROC as soon as the divorce is final. The longer you wait the more time she has to save money to file for ROC. She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE.

So my advice is this: File for divorce on Monday. Do not tell her and just have her served ASAP. Some people suggest a restraining order as well so she can't come and abuse you and act crazy or you'll call the police and have her arrested. She will probably try and fight the divorce but without much money she won't be able to do as much as she is probably planning (filing for support under the I-864 etc). Then once the divorce is final send a letter to USCIS letting them know with a copy of the divorce decree and perhaps a letter stating that she left you for someone else and while you wanted to work on the relationship she wasn't willing to (whatever the story is). You'll need her A# etc. They won't actually do anything except put it on her file.

Also, make sure you change the locks on the doors (she has moved out and therefore it is legal for you to do but double check with your lawyer). Make sure you take her name off any bills. Take her off any bank accounts (if possible) but if you can't (some won't let you without that persons permission) then change where your work pay is going (so she can't take it out). If she has an authorised card to your credit cards or anything like that shut them down. Some people suggest taking all of the money out of the joint accounts, some say don't. I personally would until your lawyer tells you whether you are obligated to leave it in there and if so then you can just put it all back (the withdraw/deposit will match so not a biggie).

Make a copy of any of the paperwork you have submitted (I-864, K1 stuff etc) and keep it in a safe place. This should have her information on it and might be useful one day (say you file for someone else you'll need to know some of her info).

You should file for divorce asap. Do not wait as she is suggesting. She has something planned and that's rarely a good thing. Oh, and never see her alone. If her ROC documents are weak she might try and claim she HAD to leave because you were abusive. So do NOT be alone with her. EVER. Until the divorce is final. Even then be VERY VERY wary.

**Edit - on re-reading your OP I thought I should warn you a little more.. the waiting 2-3 months to "do what she needs to do to be able to stay" could be:

- giving her more time to make it look like she tried

- filing for ROC based on abuse and that she HAD to leave you because you were abusive.

She is permitted to stay now she has the 2 year card (so 2-3 months to "do what she needs to do" is a lie so something else is planned) but divorce makes her in breach of the "marriage to USC" condition and so she needs to ROC immediately. So soon after getting the card looks suspicious so yeah... she's got something bad planned. Stop talking to her. Stop dealing with her except through your divorce attorney who you will see on Monday and who you will have file for divorce ASAP (same day if possible). Also, the person who files is able to set the grounds for divorce. To make life simpler I wouldn't make the divorce conditions difficult. just "this is the end. You owe me nothing I owe you nothing". She could be planning some big convoluted "divorced on grounds of abuse" thing if that's what your state permits.

i hope the other guy she runs to his not USC because after this guy file a divorce she has the right to get married again and her spouse will file to petition her. because that exactly what happen to my brother's friend.

reading this horrible story sometimes freaking me out...anyways let the karma runs after her.. :bonk:

[VanessaTony 3,567]

"She is deportable once the divorce is final if she doesn't file for ROC and runs into ICE", this information is COMPLETELY WRONG. The Immigration Law states the I-751 with a request that the joint filing requirement be waived can be filed file ANY TIME after granted the conditional resident status, following the divorce and before the conditional residency expires.

Actually NO I'm not wrong. YOU are right in that they are ABLE to file for ROC at any time after divorce BUT they ARE in breach of the conditions of the GC, they ARE deportable if they run into ICE BEFORE they file for ROC.

So it's up to you. If you get divorced on a 2-year GC and then want to wait for the "window" please feel free. If you wanna test if I'm right give ICE a call and tell them "hey i'm on a conditional GC and i'm divorced. I live at XXX". See what happens.

Most importantly, read the link I posted above where Jim tells you what section of the INA to read.

[rika60607 215]

According to your timeline you lived together for about a year and were married for about 9 months. She also just AOSed. She already has enough to remove conditions on her own, she does not need to accuse you of anything under VAWA.

Unless she knew That Guy from before she met you, or you have some evidence of fraud, there is nothing you can do. There may be other reasons for her not wanting to divorce immediately - health insurance coverage comes to mind.

Wife just received her green card about 3 weeks to a month ago.

[VanessaTony 3,567]

i hope the other guy she runs to his not USC because after this guy file a divorce she has the right to get married again and her spouse will file to petition her. because that exactly what happen to my brother's friend.

reading this horrible story sometimes freaking me out...anyways let the karma runs after her..

Nope actually she can't. As she entered on a K1 visa she can ONLY stay in the US thanks to her petitioner (the OP). If she loses her GC she has to leave (it's one of the "fun" parts about the K1). Her "new guy" could file a visa for her but it wouldn't look great that she was deported, met her "new guy" while on a K1, and then filed a new visa petition through this guy. They would REALLY not trust her then.