Removing conditions, LPR out of country longterm, divorce waiver pending

[IcezMan_IcezLady 582]

This smells like fraud to me.. It is not up to OP to "help" someone get a GC. Don't be an accomplice to defraud USCIS. You know you are done with the marriage but deem GC as a parting gift?

[Caryh 5,206]

Yes, correct. I thought that now they want to do it "together" since he refuses to sign, which would mean to re file. Very confusing.

How would USCIS view additional health and life insurance co mingling being produced, dated after the fact and just in time for the RFE

on a divorce waiver ? I mean who puts their spouse on life and health insurance when the divorce was initiated and waiver checked ?

He was not on it previously and her question was how to do that to keep him here.

My interpretation of her statements were that he is still on it. Its not that uncommon to keep a spouse on your insurance until the divorce is final. Until a leal separation is in place or the divorce is complete, you can still be found liable for debts your spouse accumulates. Personally I don't understand why she's doing all this work for him either. Let him handle his own affairs if he wants to ROC. As the ROC has been filed with the divorce waiver, its foolish if him to want to drag the divorce out. The 10 year card will not be issued until the divorce is final now. Heck if they can patch things up, nothing is stopping them from getting married again, or even shacking up together.

[WombatWombat 9]

OK, let me clarify - I have a hard time providing the proof the RFE request, but I am not taking additional steps to co-mingle finances - just trying to get the additional documents RFE requests from our 3 years married. On the contrary, I have already taken him off several things.

But I didn't keep statements over the three years and I have a hard time obtaining what they request, or even understanding what exactly they are looking for. They are looking for additional evidence of existing documents I sent in (like proof of payment of our insurance or AAA membership, not just the statement he was the beneficiary or was a member). They are looking for evidence for all three years, I primarily sent in evidence from our last year together (car insurance, utility bill, AAA membership, beneficiary info for heath and life insurance, one bank statement May)

There is no fraud because I notified USCIS of impending divorce. He has the right to adjust status without me, based on the length of the marriage. It was bonafide, even if he was a "bad husband" - that's why I'm getting out.

He remains my beneficiary on health insurance etc, until divorce is final. We live in PA where the separation period required is 2 years before you can proceed with uncontested divorce by yourself

I intent on divorcing, but he wants to remain married. I have told him that he actually needs the divorce decree in order to adjust by himself, hoping this would make him sign the divorce papers. He still won't, at this point. We are not staying married for green card purposes

Yes, I am playing "secretary" for him, but it is now an adjustment with divorce waiver.

And why can't I assist him? Just because we are divorcing doesn't mean that we have to be out of each other's life. Or prevent us from "shacking up" in the future.

[Ebunoluwa 6,136]

Thanks for clarifying. I misunderstood and thought you are just now trying to co mingle for new evidence.

Then after all is said and done, what remains is him agreeing to the divorce as without it he will not be approved. Even if he does,
the evidence is meager.

[Unlockable 7,315]

If he doesn't want a divorce and wants to wait it out until ROC then that means either he will require you to attend the ROC interview and pretend the marriage is still legit or he go by himself and try to convince the CO the marriage is still legit

Regardless, it is his problem. Up to you if you want to be involved in it.

The last sentenced raised my eye brow though.

[WombatWombat 9]

Additional clarification: Divorce complaint was filed in November, and he was served. So the divorce is pending, just requiring him to sign papers for uncontested divorce, in order to proceed and get a divorce decree. If he won't sign, I need to wait out a two year separation before a divorce can be granted.

He has promised to change, and begged me to take him back for several months now.

I made it very clear to him that he neither needs me to come back to the USA, nor does he need me to obtain his green card by himself. We filed jointly last June for removal, when we both had no intention to divorce, and I notified USCIS of filed divorce complaint as soon as I filed, and notified them that the joined filing has to be changed to a waiver filing.

He does need me to collect the evidence, as he doesn't have access to the paperwork, and assist with explaining what needs to be done - and I just really want to understand the ins and outs regarding ROC under these circumstances

[B&Z 201]

He won't be able to ROC for the next 2+ years that it will take to get the final divorce decree, so at this point, having all of the evidence of bonafide marriage isn't going to be able to push his ROC forward.

[WombatWombat 9]

So what would his status be in the meantime until divorce decree is available? Conditional green card extension letter expires in August. He is supposed to reply to RFE by Aug 6. Since divorce decree won't be available for 2 years and he can't reply to RFE, what would happen next?

How can he work with expired conditional card?

[NikLR 13,231]

He doesnt need you to get the paperwork.... He has to this himself. You're enabling him by doing ANY work beyond pushing the divorce. If he's out of the country, that's his problem, not yours. If the RFE isnt responded to and he loses his green card that IS NOT your problem!! If the RFE isnt responded to in time he can be denied ROC and they will start removal proceedings against him.

Really if he wants his green card its in his best interest to give you the divorce asap. Tell him that and thrn stop conversing except through a lawyer.

Edited May 18, 2016 by NLR

[B&Z 201]

She wants the divorce, but she's not ready for their relationship to completely end yet...in case anyone missed that. There's hope of a continued relationship or reconciliation.

[WombatWombat 9]

Exactly.

[NikLR 13,231]

https://www.psychologytoday.com/blog/in-love-and-war/201405/the-10-worst-reasons-stay-friends-your-ex

Stop being a doormat. Have standards. Know you're worth more than what you're being given.

Yes there is a lot wrong with shacking up with this ex. Go get some therapy sweetheart and get over it.

[Harpa Timsah 13,258]

Seems to me like the OP wants to be nice to the husband so they'll "shack up" again. Destructive...

[Ebunoluwa 6,136]

I have to agree with it being destructive. Some people want a 'hub' to come back to from their back and forth between countries.
Think about it, during his time here in the USA (whenever it suits his fancy) he will have a free place to stay, free meals and
whatever other benefits come with shacking up. He can't hold a job so how would he pay for an apartment and all that comes with it ?
He is a user and a manipulator. YOU are his resource.
So he promised change, but if he really loved you he would have been back and let his actions speak, not his promises and he would
be on his first plane out.
He has been gone for many months now probably shacking up with who knows in his country. You do need to raise the bar and your
standards because this dude will drag you down unless you cut the cord and apron strings permanently.
OP, please don't fall for these kind of men who are users and make empty promises. It's all lies and he is bat kit crazy.
Life is short.....move on and be with someone who adores you and walks his talk. This guys talk is game !

[Harmonia 211]

OP, its possible to be friends with your ex. But that doesn't mean you have to help him with his immigration. Keep that in mind.