CR 1 Visa and Now Divorce

[Redsunset52 0]

My wifes freind married a USA citizen in China was granted a CR 1 Visa , they now live in the USA but the husband seeks a divorce. She has not received her 10 year Green Card yet, She only has the 2 year green card. Can her husband make her return to China without any legal right she may have ?

[alohaspirit 0]

My wifes freind married a USA citizen in China was granted a CR 1 Visa , they now live in the USA but the husband seeks a divorce. She has not received her 10 year Green Card yet, She only has the 2 year green card. Can her husband make her return to China without any legal right she may have ?

Nope, he can't make her go back to China. She can file I-751 to remove conditions on residence. Click here: http://www.uscis.gov/files/form/I-751.pdf

If she enter the marriage in good faith, but the marriage was later terminated due to divorce, she can file it.

[Redsunset52 0]

I see where on Form I 751 allows the alien to file for change of conditional staus under the following :

[1]You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

[2]The termination of your status and removal would result inextreme hardship.

[3]You entered the marriage in good faith and have remained married, but have been battered or subjected to extremecruelty by your U.S. citizen or permanent resident spouse; or

HAS ANY ONE ANY EXPERIENCE UNDER NUMBER 3. They are not divorced yet , but she is worried of losing her residence status . Should she file? MY WIFE'S FRIEND HUSBAND THREATENS HER WITH EXPORTATION AND OTHER HARSE MEAUSRE IF SHE DOES NOT SIGN DIVORCE PAPERS UNDER HIS TERMS.

[diadromous mermaid 36]

I see where on Form I 751 allows the alien to file for change of conditional staus under the following :

[1]You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

[2]The termination of your status and removal would result inextreme hardship.

[3]You entered the marriage in good faith and have remained married, but have been battered or subjected to extremecruelty by your U.S. citizen or permanent resident spouse; or

HAS ANY ONE ANY EXPERIENCE UNDER NUMBER 3. They are not divorced yet , but she is worried of losing her residence status . Should she file? MY WIFE'S FRIEND HUSBAND THREATENS HER WITH EXPORTATION AND OTHER HARSE MEAUSRE IF SHE DOES NOT SIGN DIVORCE PAPERS UNDER HIS TERMS.

Read the FAQs for abuse listed on this website.

http://www.visajourney.com/forums/index.ph...47&hl=abuse

[dougyceci 0]

You can bet he wants her out of the country after the divorce. Remember we are all responsible for that person for 10 years here in the US if things fail. I am no expert on her situation but she needs to get an attorney to look over things. He cannot make her leave the country, my guess is he is trying to circumvent the support issues he is looking at here.

[JayJay 4]

He cannot make her go back. This is a VERY common threat extended by 'lovely' men who like to emotionally and often physically abuse their wives. These men think they "have the power" to send the wife anywhere they see fit, but this isn't true at all - it's what's called "little w*lly syndrome", where the husband is making up for other shortcomings by being overbearing, controlling and abusive.

That's all it is - and nothing to be afraid of. I'd recommend the lady in question sign teh divorce papers and get this guy out of her life (after all, who wants to be married to an idiot who doesn't know when to quit?). Hopefully he won't get another girlfriend until he grows up sufficiently to realise one cannot treat a person like that.

In the meanwhile, file to remove conditions - she can do this all by herself, as the strong, independant woman she can be. And move. Far away from the other dude! If necessary, get a restraining order to boot!

Hope that alleviates the concerns somewhat (F)

Edited February 17, 2007 by JayJay

[eau_xplain 2]

My wifes freind married a USA citizen in China was granted a CR 1 Visa , they now live in the USA but the husband seeks a divorce. She has not received her 10 year Green Card yet, She only has the 2 year green card. Can her husband make her return to China without any legal right she may have ?

Please advise your friend to gather as many original documents (bills, insurance, tax returns) that she can use as proof of valid marriage when she files for removal of conditions.

[diadromous mermaid 36]

He cannot make her go back. This is a VERY common threat extended by 'lovely' men who like to emotionally and often physically abuse their wives. These men think they "have the power" to send the wife anywhere they see fit, but this isn't true at all - it's what's called "little w*lly syndrome", where the husband is making up for other shortcomings by being overbearing, controlling and abusive.

That's all it is - and nothing to be afraid of. I'd recommend the lady in question sign teh divorce papers and get this guy out of her life (after all, who wants to be married to an idiot who doesn't know when to quit?). Hopefully he won't get another girlfriend until he grows up sufficiently to realise one cannot treat a person like that.

In the meanwhile, file to remove conditions - she can do this all by herself, as the strong, independant woman she can be. And move. Far away from the other dude! If necessary, get a restraining order to boot!

Hope that alleviates the concerns somewhat (F)

If only it could be that simple. The spouse is threatening his alien partner to do "this, or suffer that". They aren't divorced yet, so what makes you believe that if she were to sign the petition or if she should even refuse to some terms that he wouldn't stretch the divorce out endlessly? If he were able to do so beyond the expiry date on her conditional green card, she'd effectively be out of status, lose her privileges to work and might fall prey to even more of his machinations.

In cases like this, if she has evidence of his abusive means, or his attempt to control her life, then by all means she should speak with an immigration attorney about battered spouse benefits.