My husband filed for divorce before my biometrics!

[NJ Youssef 0]

Hello everyone. I've been here in 2010 flying with happiness before I travel to my American husband. Now I'm writing seeking HELP from any member who have the answer to my questions.

My husband filed for divorce in the court without telling me and what made it worse is that we already signed jointly to remove conditions on my CR1. In the mist of this, I recived my NOA1 on the 21 of May 2012 and now waiting for NOA2 ( biometrics, finger prints...etc). He is disperatily trying anything and everything to build a divorce case, he keeps saying that he will make sure to send me back to the trash bag where I came from (my country is Egypt). He works in the AF and has a very big rank so he knows pretty much about law. I do not think he will go with me to the interview and I DO NOT WANT him to go either.

I loved him and left everything my family, my career, my everything back to be with him. Now I can't go back and start from the scratch again I do work here in the US already. It's not a waw job but it's job.

I have all the profes that my marriage to him was genuine. I got profes back in 2007!! I just can't believe he tore my heart in pieces. What do I do???? should I tell the USCIS about all what's going on or no?? should I go to the interview alone, or no?

I tried to find immigration lawyer in Louisiana where I live but it's like impossible to find them here!! and if I find anyone, they are way toooooo expensive!!!

What should I do? Please help me, I need your advice.

[together4evr 360]

Get the divorce asap. Gather all bills, vacations, photos, joint cars, health insrance, his license with same address, car loans. Continue to remove conditions without him. Good luck

[NJ Youssef 0]

First THANK YOU for your soon reply. Second, I do have all this because I did loved him. My question is, should I go to the interview without him and tell them what is going on OR should I contact them right now and tell them (I mean USCIS) about the divorce issue or what... ya3ny, what??? I'm tooooooooo lost

[together4evr 360]

Go to the interview. Get the divorce asap and bring divorce papers with you. If you are not divorced yet then they will not get you your card and they will tell you to submit divorce papers. You will be ok unless he can prove fraud. Have as much evidence as possible. I am sure if he is trying to get your 10 yr card withheld they will question you fully. But stay calm and answer everything truthfully. Good luck

[Penguin_ie 5,996]

You will be fine. As the others have said, it is in your interest to get the divorce through asap, as otherwise your ROC will be paused until you can submit the divorce decree, but he cannot send you home.

[Sandra G. 5,057]

If+you+have+an+interview+set+up+then+go,MOST+of+the+Uscis+offices+are+great+and+they+will+explain+that+you+need+a+divorce+decree+and+to+file+the+I-751,+in+this+case+they+won't+start+the+removal+proceedings,but+some+offices+are+tough+and+will+deny+your+GC+right+away.If+this+happen+they+will+start+with+the+removal+proceedings+and+you+have+to+hurry+to+file+the+divorce%3B+when+you+get+the+NTA+go+to+the+Court,do+not+miss+the+Court+date,and+if+you+have+your+divorce+finalized+the+Immigration+Judge+will+adjudicate+your+case,if+you+are+still+in+divorce+proceedings++the+Judge+will+wait+for+the+divorce+decree+to+adjudicate+your+case.But+if+you+get+the+divorce+decree+before+receiving+the+GC+you+have+to+file+the+I-751+waiver+ok.

Edited June 6, 2012 by sandranj

[True Love at Last 15]

In Louisiana you have to be living seperate for 6 months to one year before you can divorce. The divorce itself may take several months. Good advice already given. Appear in court when required so you know what is going on, you still have a say in what happens and how the divorce is granted. When we talk I will explain more, Im sorry for your situation. VJ'ers are great so you will get great advice.

[Sandra G. 5,057]

Despite the Judge in Louisiania will sign the divorce after 6months you must file asap, because in case of removal proceeding the Immigration Judge won't be able to adjudicate if you can't prove you filed the divorce.

[NJ Youssef 0]

Visa Journey friends, Thank you for your sooner reply.

I went to Legal Aid Services yesterday but the lawyer there was discussing divorce in LA period! he did not have a CLUE about removing conditions or biometrics interview or ANYTHING. I felt I was from planet moon yesterday talking with him.

But let me summerize this in steps so I can get as many correct advices from you:

1- submitted JOUINTELY to remove conditions on my CR1

2- notice of act recieved on the 21 of May, extend my visa for another year until I have a second letter to set the interview appointment

3- I found out that my husband already filed for divorce on the 11 of May, and said that separation already started from that date (which is a lie) he still lives in the house and I have proves of that

4- I know I'm not divorced right now and the the sherif did NOT serve me

NOW, the husband said that as long as I did not take any actions twards his filing, then nothing will happen to me!!!! or my seteuation as married!!! I do not believe his $h!!$$ at all

on the other hand, even if this is true, Should I tell the USCIS about all that OR should I wait until my appointment and find away to tell my piece of ####### to go with me as if nothing is going on???

Please tell. Thank you

[NJ Youssef 0]

something else I forgot tell you is that according to Louisiana Law spouses MUST be separated for 180 days BEFORE any action twards divorce is taken. So, regardless if I have all evidence to prove Bona-Vide marriage (i.e pictures, medical insurance, bills, loans, joint car...etc) I still can NOT unsubmmit my filing jointly in USCIS saying "hey guys, you know what, my husband has decided to F word me in the @$$ and now I will file separate because he changed his mind!!!!" AND adding to that I must to wait the 180 days before I respond to him divorcing me.

So in the period of the 180 days, can I go to the interview as if NOTHING has happened or no? because on the other hand, I am still married in that period of time but separated or does this mean a fraud to the immigration law.

*Please note that we are talking about TWO completely separate Laws here (immigration law and civil law)

Thank you again

Edited June 7, 2012 by NJ Youssef

[Sandra G. 5,057]

You signed the I-751 jointly to remove conditions then if you divorce is finalized before your I-751 is adjudicated you should withdraw the I-751 filed jointly and submit the I-751 waiver.If USCIS decides to ask you to attend the interview you must go and explain your divorce is not finalized, the officer can give you 87 days to submit copy of the divorce or start your removal proceedings, but he will tell you that you can plea your case in Court. If your removal proceedings start do not miss the court date and in Court ask the Judge to stop your removal because you are waiting the divorce be finalized to submit the I-751 waiver,he will wait and as soon you get the divorce decree you can have your case adjudicated by the Immigration Judge.