I wanna take the risk....

[VanessaTony 3,567]

"Your honor, my client tried to file a report but every single document related to the immigration file was missing. Including my client's own support affidavit that he willingly filed for his wife. Then she foolishly posted on a public forum that she hoped that taking it would prevent him from filing a complaint to immigration authorities. Yep here it is - let's call it exhibit X"

Divorce court in the US is war and war is hell LOL

I am not judging you but your level of preparation could be interpreted even by a marginal attorney or judge as intent to obtain a green card then dissolve the marriage.

You are advised to stick around and get everything resolved before travelling

True. The I-864 is his. She effectively "took" something of his in order to try and make sure he wouldn't stop her AOS from processing. She also somehow has the money to return to her home country and back here again, and support herself during all this... it reads very badly for her.

I'm not saying any of this IS the case, it just looks bad.

[shin shin 3]

Thanks for all the reply....My ex CO make sure my he will support me till the divorce is final my husband owe me like 8k to get his brand new car thats what I'm fighting for (thats savings is before we got married) so at least I can get back on my feet....I only have 2k left and I wanna use that to visit my family I'm sure seeing them not in webcam will help me to gain more strength for this battle...

You say anything you I know I am only immigrant here and dont have that much idea about laws thats what my husbband always telling me I dont know anything...thats why I seek for legal advise started at Jag lawyer....

So far so good Jag lawyer,CO,Women Shelter and my therapist are very helpful...

[CurleyHoward 1]

No it doesn't mean you have to leave for good, but most people who truly married for love and were only together for a short period of time WOULD return to their family. It is only recently, so close to the end of being done with USCIS that I might consider staying but if my husband broke my heart and did what you say your husband did, I would be on the next plane out and wouldn't look back. The US isn't important to me, being with my husband is, and save that, the rest of my loving family who live in Australia.

and there is the rub, so to speak. you're from OZ, not from Nepal or Cambodia, so of course you would just as soon go home. The problem is the ones from desparately poor countries, who seem to only be concerned with staying here, in "paradise" (?) rather than with their marriage to their "husband" (wife)

[Thatgirl2 21]

I'm from a third world country where men are always right, and women don't even have the right to file for divorce. And I would go back. OP thinks she can get back on her feet with 8k or half that, 4k. Well if she does win her divorce battle, she still has to win her immigration battle which in this case, I don't see it happening without the help of a professional. So she would have to hire a lawyer, and then wait till her green card comes, and get a job, you need a down payment for a car to get a job, and without a job you can't have the down payment. See where I'm going with this? That's the bad thing about coming from a third world country and marrying someone in the military. Because you can request advances,because if you live on housing you don't have to worry about rent, utilities and so on,you don't get a clear image of what's a priority and what's not and how much things can cost. OP needs to reevaluate her priorities.its fine and natural to want to visit your family during a time like this, but if you want to stay in the states, win your green card and and get on your feet you can't worry about seeing your family and going back home and all that.

[shin shin 3]

I'm from a third world country where men are always right, and women don't even have the right to file for divorce. And I would go back. OP thinks she can get back on her feet with 8k or half that, 4k. Well if she does win her divorce battle, she still has to win her immigration battle which in this case, I don't see it happening without the help of a professional. So she would have to hire a lawyer, and then wait till her green card comes, and get a job, you need a down payment for a car to get a job, and without a job you can't have the down payment. See where I'm going with this? That's the bad thing about coming from a third world country and marrying someone in the military. Because you can request advances,because if you live on housing you don't have to worry about rent, utilities and so on,you don't get a clear image of what's a priority and what's not and how much things can cost. OP needs to reevaluate her priorities.its fine and natural to want to visit your family during a time like this, but if you want to stay in the states, win your green card and and get on your feet you can't worry about seeing your family and going back home and all that.

Yeah that's why I decided to stay till the the divorce is final and file for waiver..I got a job although its a part time only but still I'm making money....then I will take driving test and get a car not a brand new one though..

So yeah feel better now compare the last time because I realized thats life and future is not in our hands...

The impotent is after the failure you learned and you stand up and move on

As of now I cannot afford to hire a good lawyer but seeking help from legal aid assistance....

I know it'll get better....there's no assurance of winning but for me standing up for your right and dignity is truly a winner for me....

[shin shin 3]

and there is the rub, so to speak. you're from OZ, not from Nepal or Cambodia, so of course you would just as soon go home. The problem is the ones from desparately poor countries, who seem to only be concerned with staying here, in "paradise" (?) rather than with their marriage to their "husband" (wife)

Vanessa&Tony always advised people just to go back in their homeland....they're lucky they don't encounter a situation like this...

If marriage didn't work out i think going back home is the easiest way out.. but if you chose to stay does it mean you are after the GC?? I don't think sooo..Some people can't just get any support and they just gave up...I' not like that

I consulted 3 lawyers and they said my case is very strong to get approval....especially communicating with Jag lawyer,CO,Therapist,Women shelter.....

and after all My soon to be ex husband live here..Im stupid If i say I don't love him anymore...

I do and wishing/hoping/praying that one day he'll realized that he still wanna be with me even it is impossible...

[Thatgirl2 21]

Yeah that's why I decided to stay till the the divorce is final and file for waiver..I got a job although its a part time only but still I'm making money....then I will take driving test and get a car not a brand new one though..

So yeah feel better now compare the last time because I realized thats life and future is not in our hands...

The impotent is after the failure you learned and you stand up and move on

As of now I cannot afford to hire a good lawyer but seeking help from legal aid assistance....

I know it'll get better....there's no assurance of winning but for me standing up for your right and dignity is truly a winner for me....

Look, your priority is your divorce, and then green card and then setting up your life and then your family and its not like this for you because your case went south and you're getting a divorce. Most people have to start from scratch and they simply HAVE to put family on the back burner and deal with the life here. So don't feel bad because most Philippians around you are going back home and it's christmas time and all that

[Villanelle 4,122]

Just a few corrections to the above. The poster in this thread already has her GC. Shortly after it was issued she and her her husband were involved (according to her) in a minor DV incident and her threw her out of the military housing they shared and served her with divorce papers. Now it seems based on the divorce papers he filed and phone calls she heard about through a third party (one he allegedly made to UCIS and one to her sister) that he is attempting to allege that the marriage was fraudulent from the start.

So he is attempting to get her GC revoked by having the divorce granted on grounds of fraud, or non compatibility of the parties BUT with a separation date prior to the date of her GC being issued.

So in her case there is no 'immigration battle' for a GC as she already has one. After the divorce all she will have to do is file the basic form for ROC showing she entered in good faith and then they divorced.

Her battle is the divorce. She needs to understand exactly how every line in the final divorce decree can effect her from the grounds its granted on to the dates of separation. She can not trust legal aid to advise on her on how that specifically will impact her ROC because as Ive said before, legal aid is great with divorce but knows very little about immigration law.

So its my opinion that she should remain very close and keep a very watchful eye on ALL matters related to the divorce. Double check everything and NOT sign anything with out reading it and fully understanding it and making sure it wont negatively impact the ROC.

[VanessaTony 3,567]

Vanessa&Tony always advised people just to go back in their homeland....they're lucky they don't encounter a situation like this...

If marriage didn't work out i think going back home is the easiest way out..

I don't **always** advise it, it depends on the situation.

It's not the easiest way out, it's the safest and best way out in many cases (of course there are some countries where returning is considered "shame") and sometimes VERY hard, especially emotionally to pack up and basically start from square one all over again.

No-one wants to live in a shelter, especially if they have kids, and live somewhere where they have no status, and are unable to work for a while, while they wait and HOPE the paperwork goes in their favour. And yes, most people I know would return, no matter the shame (and in fact a friend of mine did) because it was the smart decision and because the GC isn't the reason they live in the US, they have no reason to stay in the US without their spouse. My friend didn't want to struggle (she had her GC, she was totally legal and totally able to stay). She wanted to be around her family and friends to support her emotionally.

Good luck with your mission to stay.

[VanessaTony 3,567]

Here is her first topic: http://www.visajourney.com/forums/topic/401604-husband-kicked-me-out/

[FoundMy#1 9]

I know it just hard that i wanna see my family back in the Philippines while going all through this but I think thats too risky and still I wanna take the risk If i can't go back then I'll stay for good..

shin shin:

I would stay in the USA until divorce is getting close to finalized. Your GC gives you privilege to travel - don't worry about that. But divorce is harsh as others have stated. If the divorce is filed and you are served with papers while you're gone, that can make a huge difference in the outcome of the divorce.

[shin shin 3]

Look, your priority is your divorce, and then green card and then setting up your life and then your family and its not like this for you because your case went south and you're getting a divorce. Most people have to start from scratch and they simply HAVE to put family on the back burner and deal with the life here. So don't feel bad because most Philippians around you are going back home and it's christmas time and all that

I don't feel bad about that been spending Christmas here for long time so theres no much difference..

After all if I can travel back home I'm not gona choose to visit during Christmas time its soo expensive lol..

thats why I'm dealing with my life here now with my divorce and starting to get back on my feet..

shin shin:

I would stay in the USA until divorce is getting close to finalized. Your GC gives you privilege to travel - don't worry about that. But divorce is harsh as others have stated. If the divorce is filed and you are served with papers while you're gone, that can make a huge difference in the outcome of the divorce.

yeah right..I was thinking not to leave until I filed for waiver and get the extension...

thanks...

[shin shin 3]

Just a few corrections to the above. The poster in this thread already has her GC. Shortly after it was issued she and her her husband were involved (according to her) in a minor DV incident and her threw her out of the military housing they shared and served her with divorce papers. Now it seems based on the divorce papers he filed and phone calls she heard about through a third party (one he allegedly made to UCIS and one to her sister) that he is attempting to allege that the marriage was fraudulent from the start.

So he is attempting to get her GC revoked by having the divorce granted on grounds of fraud, or non compatibility of the parties BUT with a separation date prior to the date of her GC being issued.

So in her case there is no 'immigration battle' for a GC as she already has one. After the divorce all she will have to do is file the basic form for ROC showing she entered in good faith and then they divorced.

Her battle is the divorce. She needs to understand exactly how every line in the final divorce decree can effect her from the grounds its granted on to the dates of separation. She can not trust legal aid to advise on her on how that specifically will impact her ROC because as Ive said before, legal aid is great with divorce but knows very little about immigration law.

So its my opinion that she should remain very close and keep a very watchful eye on ALL matters related to the divorce. Double check everything and NOT sign anything with out reading it and fully understanding it and making sure it wont negatively impact the ROC.

on the divorce paper he didn't put Fraud but Irreconcilable differences...it just the date of separation that bothers me why he have to lie about that and I don't know if theres a way I can find out if he really called USCIS or just scaring me..

Because I'm not guilty and I can prove in any way that we married in good faith...thats what I thought I can take the risk of going back home and if they hold me in POE I can prove to them that is false accusation and just revenge by my ex husband...

I don't **always** advise it, it depends on the situation.

It's not the easiest way out, it's the safest and best way out in many cases (of course there are some countries where returning is considered "shame") and sometimes VERY hard, especially emotionally to pack up and basically start from square one all over again.

No-one wants to live in a shelter, especially if they have kids, and live somewhere where they have no status, and are unable to work for a while, while they wait and HOPE the paperwork goes in their favour. And yes, most people I know would return, no matter the shame (and in fact a friend of mine did) because it was the smart decision and because the GC isn't the reason they live in the US, they have no reason to stay in the US without their spouse. My friend didn't want to struggle (she had her GC, she was totally legal and totally able to stay). She wanted to be around her family and friends to support her emotionally.

Good luck with your mission to stay.

Thank you