Plaintiff vs. Defendant: Which to Be in Divorce Before I-751?

[gerald2k 0]

After two years, my marriage has failed due to relationship issues including arguing and different values that were not apparent in the beginning. Both my spouse and I feel this way. I have a conditional greencard and plan to file for divorce.

My question: does it matter whether I am the plaintiff or the defendant in the divorce? Will choosing one versus the other affect how immigration views my waiver for removal of conditions?

Thank you very much.

Edited December 4, 2012 by gerald2k

[bigdog 376]

It depends who files for the divorce first, I would file if you need to.

[gerald2k 0]

It depends who files for the divorce first, I would file if you need to.

I understand, but is it preferable to be the plaintiff or defendant? Will USCIS view my case more favorably one or way or the other?

Thanks.

[bigdog 376]

He who files first wins?

[ceadsearc 516]

USCIS doesn't care. A failed marriage is a failed marriage; that you entered into it in good faith is what matters.

[Brother Hesekiel 2,236]

Better, for more than one reason, would be an uncontested divorce.

[gerald2k 0]

Thanks for your comments. One more question -- can I close down our joint accounts immediately when I begin the paperwork for the uncontested divorce? The divorce itself takes 2-3 months to process, at which point I will apply for the I-751 waiver. Is it ok to close those joint accounts upon filing for divorce or should I wait until filing for the I-751?

[VanessaTony 3,567]

Thanks for your comments. One more question -- can I close down our joint accounts immediately when I begin the paperwork for the uncontested divorce? The divorce itself takes 2-3 months to process, at which point I will apply for the I-751 waiver. Is it ok to close those joint accounts upon filing for divorce or should I wait until filing for the I-751?

There is no "plaintiff and defendant" in a divorce. It's petitioner and respondent.

If you are a Filippino female you MUST be the respondent for reasons tied to the Philippines, otherwise it doesn't normally matter. HOWEVER, the Petitioners location sets the venue of the divorce (unless she recently move there can be arguments about venue but that's another matter), and they set the grounds for divorce and all that fun stuff. If they say "s/he used me for a greencard" or rather "fraud" or whatever yes this can be bad for USCIS for obvious reasons.

As for joint accounts, this is a divorce matter, not a USCIS matter. If there are still funds in the accounts then you should speak to your divorce attorney about what to do. You aren't allowed to dispose of assets (sell anything, spend ridiculous amounts of money etc) until the divorce is final otherwise you can be found in contempt and cause other bad stuff to happen. You can remove your name from the accounts, but joint accounts cannot be closed without both parties doing so.

As you are filing I-751 with a waiver, USCIS doesn't care when you close the account. you're filing based on being divorced, they're aware the accounts will be most likely closed.