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Destiny Child

Spouse does not support in removal of conditions on CR1 visa (merged)

By Destiny Child in Effects of Major Family Changes on Immigration Benefits

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destinychild1 Explorer

destinychild1   10

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

If you are divorced, he cannot sign a joint petition. It would be immigration fraud (not marriage fraud). You can be divorced and file to remove there conditions on your own. USCIS will later on ask for the final divorce decree via an RFE.

I have only seen other VJ members post about getting a divorce in the US so I cannot say for sure but I think a divorce decree from India (especially if that is where you got married) would suffice. Good luck! :)

We are not divorced. Spouse (US citizen) wants to divorce me and is convincing hard to make me agree to mutual consent divorce.

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Sandra G.
Sandra G.

You said you want to save your marriage...really, REALLY? Did you envision to have a scumbag like him by your side as a husband and a father for your kids in the future?You have a problem bigger than

Transborderwife
Transborderwife

It takes two people to save it unfortunately

GabbyBird
GabbyBird

Someone who is not even willing to support removal of your conditions is not worth staying married to. The foundation of marriage is not slavery and threats.

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

If your spouse is unwilling for whatever reason to sign the application, get a divorce and remove the conditions on your own.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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destinychild1 Explorer

destinychild1   10

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Let him divorce you and file with a divorce waiver

He has told me that if he has to do it himself, he will file it after August, so that I cant save my GC.

He won't cooperate for applying divorce in US court nor would he cooperate to file jointly and help ROC. He does not want to even think about alimony if I lose my job (in case I am not able to save GC)

All he wants is mutual consent divorce ONLY IN INDIA and thn leave everything to me.

NC state has 1 year separation before applying for divorce and we got separated just 15 days back. I am in India currently due to all the emotional stress caused.

I do not know what should I do.

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Caryh Grand Master

Caryh   5,206

Posted
Filed: Citizen (pnd) Country: Philippines
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Posted

He has told me that if he has to do it himself, he will file it after August, so that I cant save my GC.

He won't cooperate for applying divorce in US court nor would he cooperate to file jointly and help ROC. He does not want to even think about alimony if I lose my job (in case I am not able to save GC)

All he wants is mutual consent divorce ONLY IN INDIA and thn leave everything to me.

NC state has 1 year separation before applying for divorce and we got separated just 15 days back. I am in India currently due to all the emotional stress caused.

I do not know what should I do.

You file the I-751 with the divorce check box. Yes, you'll get an RFE for divorce decree, but you can extend your legal status until the divorce decree becomes available, you originally get a 1 year extension letter. If he's trying to prevent you from getting your green card by not filing for the divorce, you may have to file for it yourself once the separation is complete, or get the divorce in India if you can. The divorce does not need to be finalized when you file. But your 10 year card will not be issued until it is final.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
  • Popular Post
Posted (edited)

In the US, you do not need his permission, cooperation, or consent to file for divorce. Divorce him here and remove the conditions on your own as has been said multiple times. Good luck.

Edited by Cheezees

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted

He has told me that if he has to do it himself, he will file it after August, so that I cant save my GC.

He won't cooperate for applying divorce in US court nor would he cooperate to file jointly and help ROC. He does not want to even think about alimony if I lose my job (in case I am not able to save GC)

All he wants is mutual consent divorce ONLY IN INDIA and thn leave everything to me.

NC state has 1 year separation before applying for divorce and we got separated just 15 days back. I am in India currently due to all the emotional stress caused.

I do not know what should I do.

You can always petition to divorce him

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Get a good family law attorney and file for divorce. Only you can decide if you want to do it his way or your way.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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destinychild1 Explorer

destinychild1   10

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Thank you all for the suggestions!

I am still not clear if it is necessary to have divorce decree from USA or divorce decree from India would suffice?

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

Either or, but many countries have a residency requirement to divorce there. For instance to divorce in Canada you need to have lived there for 2 years.

Check and see, maybe he's doing this to stall even further. If so, file the divorce your self.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

If you want to hold your spouse responsible for a division of assets, alimony, etc. then a divorce in the US is a must.

Based on what you've stated so far, hubby is looking to protect something.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

If you want to hold your spouse responsible for a division of assets, alimony, etc. then a divorce in the US is a must.

Based on what you've stated so far, hubby is looking to protect something.

I agree. As the divorce petitioner he would have more power over the proceedings. Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Your spouse is threatening to jeopardize your immigration status unless you get a divorce "his way". DO NOT engage him. Go to North Carolina and file for divorce. (Is it that divorce in India must be via mutual consent?) DO NOT let him have the upper hand by filing first, dragging his feet, having you be the respondent who is waiting on him to complete the process.

Again, I suggest your initiation of the divorce in NC and file for removal on your own. DO NOT allow him to tell you how your own divorce will be handled. There is more to this situation than just "an Indian vs a US" divorce.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

If you want to hold your spouse responsible for a division of assets, alimony, etc. then a divorce in the US is a must.

Based on what you've stated so far, hubby is looking to protect something.

Yes, there's more to this than the husband is letting on. Demanding a certain type of divorce in a certain location. Pshaw! I would have had my own divorce papers waiting for him before he took his next breath! :yes:

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Caryh Grand Master

Caryh   5,206

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

You guys are missing that in North Carolina, you must be legally separated for 1 year before you can file for divorce. She can't just go file for divorce in North Carolina. I see one reason why he might be trying to push the divorce in India, is he's hoping she'll be stuck there too long and lose her green card.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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