Divorce and Withdraw I-485 petition

[JoeMama 0]

This sucks. As much as you would want revenge somehow, just let life take care of that for you. Everything always evens out. When it happens or you find out, you will have the biggest laugh! It never fails!

[MariaEric 0]

Since it is only a temp GC.... I believe his initial I-864 was just for that. I think for her to get a permanent GC... another I-864 will have to be re-submitted to prove the support is still in place.

[john_and_marlene 162]

Since it is only a temp GC.... I believe his initial I-864 was just for that. I think for her to get a permanent GC... another I-864 will have to be re-submitted to prove the support is still in place.

An I-864 is not required for lifting of conditions. The original I-864 will be in effect until terminated by it's defined conditions. Divorce is not one of those conditions.

[dmartmar 1]

Don't do anything. Let her begin divorce proceedings.

And more than anything, DO NOT go to her AOS interview. Let her go alone and STILL married too.

[diadromous mermaid 36]

Don't do anything. Let her begin divorce proceedings.

And more than anything, DO NOT go to her AOS interview. Let her go alone and STILL married too.

dmartmar (aka Moriarty)

She has a conditional green card already....AOS interview has already been satisfied

[Nancy2015 2]

You can get divorced and move on. Without your cooperation, removing conditions on her green card will be difficult for her. Not impossible, though.

This isn't true. Many aliens are successful in removing conditions without the cooperation of the former USC spouse, and without difficulty.

I hope so. I have neve seen stats on that - couldn't find. Do you know any websites with recent info on how many I-751 waivers are being approved/denied?

[jasonbrus 0]

the conditional green card was granted to YOUR SPOUSE. NOT to you. so, even if you are divorced, she still has full legal rights to stay in US and do whatever she wants up until her AOS which is 2 years from the time she received the green card. however, if you already obtained a divorce judgement from the court, you may want to send a letter to CIS with a notarize copy of the divorce order. this is to protect yourself just in case someone is using you to do Visa Fraud. your letter will go on to your alien spouse's file but more importantly protect yourself from any claim of participating in a visa fraud scam.

[jasonbrus 0]

one more comment. one of the board members said it partially right but not entirely accurate that, your ex wife can file for AOS herself without you. (this is totally true) however, it is difficult for her to get her status to be adjusted to permenent without you (also true) but the board member said "not impossible" though (this is partial truth. the reality is, without your good faith support and a bona fide marriage in the last two years, it is near impossible for her to get her status adjusted to permenent). there is always a possibility she can get it done, but like winning a lottery, there are jackpot winners every week but .......

your problem now is NOT to worry about her but you yourself. you want to make sure that you complete the divorce and move on with your life. best of luck.

[j-manu 0]

Sorry to learn that this marriage has not worked out. It is not easy any way that you look at it.

Your wife can file for Lifting of Conditions without you, but the burden of proof will be greater. The point of a conditional green card is to make sure that the marriage was not a scam. I am going to take a wild guess, but I believe that the USCIS has seen this before and become very suspicious.

Best of luck to you.

[diadromous mermaid 36]

it is difficult for her to get her status to be adjusted to permenent without you

(not true)

the reality is, without your good faith support and a bona fide marriage in the last two years, it is near impossible for her to get her status adjusted to permenent.

Correction. Without a bona fide marriage NO ONE can adjust status to permanent residency. With or without the cooperation of the former US citizen spouse. The bona fide marriage is a requirement except in cases involving VAWA.

Am I right in saying that what you meant to say was that her success is dependent upon the co-operation of the spouse? If so, that is not true.

[jasonbrus 0]

you got it right. we are saying the same thing. in bona fide marriage, it is easy to prove as husband and wife work together to get this done. i myself did it and at least two of my friends did it. very easy and straghtforward (no different when we petition for the initial visa). however, what i focused on was cases that when the two parties are splitted. proving bona fide marriage is very difficult and a huge challenge especially when the ex spouse does not cooperate or fight the case. then it becomes a he sez she sez situation and CIS has to determine who has the better credibility.