I don't want spouse to get 10year GC.. options?

[C-ma'am 684]

--- Post moved from ROC to Effects of Major Family Changes on Immigration Benefits. As this forums is better suited for this topic.

[Unidentified 2,930]

Wow, way to start the personal attacks.

PROTECTING myself from a long and costly divorce is a smart move DON'T YOU THINK??? Her being from another country means little to me. As a male the divorce system is not in our favor. If she were a USC I would have pre-nupted... but pre-nupt's can't stop the government from acting against me.

If any of you holyier than thou posters have and advice I'm all ears.

What does it matter if she's a USC or not, you could still have done a pre-nuptial agreement. Why are you being so cold to your wife?

[Unidentified 2,930]

If she really wants to stay, she would probably apply for VAWA and not need your signature for the i-751. Since your relationship has been bonafide, there would be nothing you could do to stop her from staying legally.

That's why my humble opinion is that you probably should try to divorce her amicably, and forget about her immigration status. If she wants to stay, that's her problem.

Why jump to Domestic Abuse when there doesn't seem to be any?

[FabtheFab 67]

Why jump to Domestic Abuse when there doesn't seem to be any?

If she really wants to stay, she can claim that him refusing to proceed with a divorce and denying to remove her conditions as a form of abuse. Look at the archives of this forum, many people have managed to file VAWA by doing this.

[Unidentified 2,930]

If she really wants to stay, she can claim that him refusing to proceed with a divorce and denying to remove her conditions as a form of abuse. Look at the archives of this forum, many people have managed to file VAWA by doing this.

Sorry I didn't think that counted as abuse but now that I'm thinking about it it's pretty obvious, thank you for clearing that up!

[cyclone27 710]

Delaying the inevitable is a waste of time. Divorce will be minimal impact with a marriage less than 2 yrs.

Assets split after marriage 50/50, no kids no child support, alimony is rare these days and only temp if even necessary. Better way is to be helpful and cordial so both of you can move on.

Seriously what do you think will happen when 90 day window arrives to remove conditions and you refuse to assist? It will get ugly and you eliminated a prime opportunity to start the split process amicable. If lawyers get involved you will both lose.

[Villanelle 4,122]

Please explain... if there is no divorce (again, I DON'T WANT TO DIVORCE in order to get the 751 rejected) how can she remove conditions?

No one has answered that question.. they just repeat the statement.

If we are still married, and I do not sign the I-751 she is NOT eledgible for the waivers. How can she remove conditions at that point?

Okay- so you are right, if there is NO DIVORCE and you refuse to sign the forms she doesnt qualify (she doesnt meet VAWA, hardship etc)

However the part you are missing which several people have expressed (not directly) is the following:

Divorce can be initiated by EITHER party in the marriage. There is no such thing as one spouse stating I dont want it so its not going to happen. No one is required to be married to someone they dont wish to be. It doesnt matter if both parties agree to the divorce, once it is initiated (by either spouse) it is going to happen.

So if you do not initiate the divorce- what will happen is once your spouse realizes you wont be filing for removal jointly (signing the forms) she will be forced to initiate the divorce (if she wants to ROC). USCIS has procedures for situations like this. She will file for divorce and submit them proof the divorce is pending but not approved yet. Basically they will accept that proof and delay making a decision on her ROC until the divorce is final. She may end up going to Immigration court to ask for such an extension. Its complicated but there are provisions for it.

There is nothing you can do to stop her from initiating the divorce nor stop the divorce from happening. Period.

On a side note I believe in PA there is a mandatory 12 month separation period before a divorce can occur. Your choice is whether you want to initiate divorce proceedings NOW (because you know the marriage is over) OR wait for her. She will then decide to initiate them so she can ROC or she may decide she doesnt want to be an LPR anymore and still file for divorce but leave the country rather then applying. The decision to apply or leave is going to be up to her. There is nothing you can do to affect this beyond having conversations and stressing to her your desire to have her leave and the pros of a pro/con list of doing so.

[belinda63 3,038]

She can divorce you as easily as you can divorce her. You can't stop a divorce. My divorce was final in December 1998 but we are still in court fighting over things as of this month.

She can file for divorce and file to ROC with the waiver. If the divorce is not completed by the time she files she can request an extension by showing the filing of the paperwork with the court.

She could also claim VAWA as you are using her immigration status to blackmail her into agreeing to your terms on the divorce.

You cannot stop her ROC and you cannot get out of the I-864.

Stop worrying about her immigration status and get your life together.

And just because she may be in another country she still has the right to contest the division of the property and ask for spousal support. Don't think getting her out of the US will protect you in the divorce. Or if she stays and is not in status nothing will happen in divorce court, immigration isn't going to show up and arrest her, even if they do she can still contest the divorce from jail.

Edited November 1, 2015 by belinda63

[El_killer47 22]

Very and I often wondered that myself. They do not always get interviewed.

Just another fee There shouldn't even be a conditional gc, it should be permenant by default and if fraud is ever discovered then it should be revoked. no statute of limitations. Immigration laws are so... nonsense.

[Unshakable Faith 493]

It sounds like you just want her out of the US.

If you stay married to her because you "don't want divorce" then you will be supporting her because she's your wife..

If you guys get divorced, your affidavit of support still stands either way...

...so really, you just don't want her here because you feel the marriage is over?

[SincerelyMeike 52]

Why can you not just both sit yourselves down and talk about getting a divorce? Talk about how you would do things?

VJ is not your wife, and you can't predict what will happen through VJ. You say you need to protect yourself yada yada, if you've been this insecure your entire marriage then no wonder your marriage is failing.

Just talk to her and have some trust man.. Not that hard really. Maybe if you learn to trust each other you won't end up getting divorced.

[Hypnos 6,576]

If she really wants to stay, she would probably apply for VAWA and not need your signature for the i-751.

If she really wants to stay, she can claim that him refusing to proceed with a divorce and denying to remove her conditions as a form of abuse. Look at the archives of this forum, many people have managed to file VAWA by doing this.

You are mistaken. USCIS does not consider it abuse for someone to refuse to file petitions on behalf of an alien, by itself. If there are other patterns of behaviour (physical/mental abuse, etc.) then it can be shown to be a factor, but ipso facto it is not considered to be abuse.

As for the OP, whom I suspect has departed due to his (rightful) castigation earlier in the thread... you criticise your wife for having a fallback plan and so your fallback plan in return is to engineer her deportation from the country? Honestly, this makes you sound like a monster, regardless of what has happened and continues to happen between the two of you.

Anywho... as plenty of others have stated, your wife can file for RoC without you. Let's theoretically suppose that you are able to delay a divorce for a couple of years, but it's ultimately granted (because this isn't the Philippines and we don't keep people married against their will without divorce being an option). Your wife would be out of status from the time her green card expired, but would then be able to file a late RoC application on the basis of a divorce waiver after your divorce was final. RoC via a waiver of the joint filing requirement can be filed at any point up to the alien's removal from the US, even after their green card has expired (I-751 instructions, page 1). Provided she could demonstrate a good faith marriage then she would likely not have an issue obtaining her unconditional ten year green card.

Edited November 1, 2015 by Hypnos

[TAB2TAB 52]

In spite of you stating that your marriage is failing, you've said that you are willing to stay married if it can deflect the financial damages from a "costly divorce" and the impact of the I-864. In other words, you're willing to sacrifice some personal considerations for financial considerations. If this is the case, why not extend that perspective further, and attempt to co-habitate and/or rehabilitate the relationship? Both of you would have a better quality of life (financially) if your living expenses were pooled, and if that is a top priority over the "inconvenience" of remaining married. You would no longer have to worry about half your assets being taken or ongoing support if you are able to agree on a minimally amicable relationship. The responsibilities of the I-864 eventually could go away as well in as few as 3 years depending on the outcome.

The consequences of marriage dissolution were there from the beginning of your relationship and have not/will not go away just because the possibility has become more imminent. Of course not every relationship works out, but I'm not sure how you can fathom that treating her with less respect and dignity will somehow benefit your situation. Even if your only consideration is your own financial self-interest, showing some level of empathy and cooperation towards her situation (she was the one, after all, who took the leap of faith to leave her life behind to start over in a new country) may prove the much better strategy than trying to orchestrate a legal checkmate against her.

Edited November 1, 2015 by TAB2TAB

[SincerelyMeike 52]

I honestly fail to realize how having a house, a car, and money in the Philippines is a bad thing. Really..? Can someone possibly explain this from his point of view?

There is so much awesomeness out of owning your own things.

1) Whenever you travel to the Philippines you always have a place to stay and a way to get around.

2) Her kids will always have a home.. They won't end up on the streets.

3) You can Airbnb that shiz out. $$$$$$$$$$$$

4) Its friggen equity. You own it. It's yours. You'll never end up homeless.

So what if she has a savings in the Philippines..? So what if her kids don't want to come live in the US..? How exactly is that hindering you all from living and loving each other every day?

[Villanelle 4,122]

Look I understand everyone wants to put their 2 cents in- but how about just live and let live?

SmalltownPA was confused about what the divorce requirement is for filing for removal of conditions. Hopefully now he understands it. By reading his postings you can see he thought to file under "divorce waiver" required them to actually be divorced (finalized) at the time of filing. It does not. He was confused and thought he could have an advantage by not divorcing. At this point many many people explained how he was wrong covering everything from ROC to requirements under the 864 and divorcing even if not an LPR any longer.

People can have varying opinions on whether it was good/moral/sneaky/despicable of him to try to find a way for his wife to not qualify for ROC. But how bout just let it be.

I would encourage him to post back if he has any additional questions and respectably ask for the judgement to stop. Hes not the first nor will he be the last asking about ways to get out of the 864.