need urgent help please!

[skeleta 0]

hey everyone, i need some advice with my situation. 

I received my Conditional Green Card based on marriage in January this year.  My wife started cheating in the meantime and filed for divorce as well. Pretty soon we will be divorced.

From what i have read it is my understanding that i will have to just get a waiver for the  requirement to file form I-751 jointly next year and since the marriage was entered in good faith there shouldn't be a problem.

Unfortunately the divorce is turning ugly - should i worry about my soon to be ex-wife doing something for spite to hurt my status? i know for a fact, that she went to the uscis website and changed my address to her current address. I tried changing it back, but the system wont accept my request since the case has been closed with me getting the GC.

My second question is regarding bankruptcy - i have medical bills and i have accumulated a lot of debt through the divorce ( wife abandoned me, got stuck with paying rent alone, lawyers' fees, etc), so i am seriously considering filing for bankruptcy. I know it is perfectly legal, yet i cant find a definite answer whether it will hurt my chances for ROC next year. is it supposed to show "bad moral character"? and if yes, if i dont file for bankruptcy - doesnt having a lot of debt show that as well?

Any help will be greatly appreciated,

Thanks!

 

[candybabe 46]

31 minutes ago, skeleta said:

hey everyone, i need some advice with my situation. 

I received my Conditional Green Card based on marriage in January this year.  My wife started cheating in the meantime and filed for divorce as well. Pretty soon we will be divorced.

From what i have read it is my understanding that i will have to just get a waiver for the  requirement to file form I-751 jointly next year and since the marriage was entered in good faith there shouldn't be a problem.

Unfortunately the divorce is turning ugly - should i worry about my soon to be ex-wife doing something for spite to hurt my status? i know for a fact, that she went to the uscis website and changed my address to her current address. I tried changing it back, but the system wont accept my request since the case has been closed with me getting the GC.

My second question is regarding bankruptcy - i have medical bills and i have accumulated a lot of debt through the divorce ( wife abandoned me, got stuck with paying rent alone, lawyers' fees, etc), so i am seriously considering filing for bankruptcy. I know it is perfectly legal, yet i cant find a definite answer whether it will hurt my chances for ROC next year. is it supposed to show "bad moral character"? and if yes, if i dont file for bankruptcy - doesnt having a lot of debt show that as well?

Any help will be greatly appreciated,

Thanks!

 

1. Keep all evidence that the marriage was entered into in good faith.

2. Make sure the divorce papers mention the Affidavit of Support she signed - If you cannot support yourself, she may have to pay alimony to you so you do not become a public charge.

3. As long as you have proof of bona fide marriage, she should not be able to hurt your status. US citizens like to believe and hold it above your head that they have all the power but that is not the case.

4.The fact that she changed your address is illegal - You can change your address using form AR-11- its is online and a very simple process https://www.uscis.gov/ar-11

5. The financial situation will only impact you if :

a. do not file your taxes or do not pay what you owe to the IRS - if you cannot afford it, make a payment plan and retain evidence of payments to date.

b. cannot support yourself and end up on government benefits - before that happens you should sue her for alimony. - Do not , repeat , do not claim to be a US citizen to gain federal benefits - that will basically cut all chances to citizenship.

 

I am not an immigration specialist / lawyer.

[candybabe 46]

40 minutes ago, skeleta said:

hey everyone, i need some advice with my situation. 

I received my Conditional Green Card based on marriage in January this year.  My wife started cheating in the meantime and filed for divorce as well. Pretty soon we will be divorced.

From what i have read it is my understanding that i will have to just get a waiver for the  requirement to file form I-751 jointly next year and since the marriage was entered in good faith there shouldn't be a problem.

Unfortunately the divorce is turning ugly - should i worry about my soon to be ex-wife doing something for spite to hurt my status? i know for a fact, that she went to the uscis website and changed my address to her current address. I tried changing it back, but the system wont accept my request since the case has been closed with me getting the GC.

My second question is regarding bankruptcy - i have medical bills and i have accumulated a lot of debt through the divorce ( wife abandoned me, got stuck with paying rent alone, lawyers' fees, etc), so i am seriously considering filing for bankruptcy. I know it is perfectly legal, yet i cant find a definite answer whether it will hurt my chances for ROC next year. is it supposed to show "bad moral character"? and if yes, if i dont file for bankruptcy - doesnt having a lot of debt show that as well?

Any help will be greatly appreciated,

Thanks!

 

Also - as far as the I751, if you are in divorce proceedings you can file now, you do not have to wait for next year. Just get a waiver, include lots of bona fide proof and explain the situation. The case will not be adjudicated until the divorce is final so when that happens, make sure you forward a copy of the divorce decree to USCIS so they can start scheduling your interview.

[mindthegap 2,605]

Yes, you should worry about her doing something with USCIS. I speak from current experience of this unfortunately.

Not a huge amount you can do to prevent it, only react to it.

 

Her posing as you and changing your address is most definitely illegal, so I suggest you inform them of this fact.

Not sure you can file an online AR-11 here without a receipt number: https://egov.uscis.gov/coa/displayCOAForm.do 

Perhaps make an infopass and try to do it there, or just fill in the AR-11 and mail it to USCIS. Either way, you must have a current address on file.

 

 

You can file an I-751 with divorce waiver at any time - you do not have to wait until the 90 days preceding the 2 year anniversary of gaining your permanent residence, as you do with a joint filing. It also helps that the USC is the one that filed for divorce and not you.

 Once you file with a waiver, she is not involved in the I-751 process and will not be required to attend an interview if you are called for one. However, waiver I-751a are still adjudicated on the bona-fide evidence presented, so make sure you have what you need.

 

Given her behaviour already with the address thing, I would be filing a waiver I-751 ASAP.

 

 

Edited October 26, 2017 by mindthegap

[skeleta 0]

3 hours ago, candybabe said:

1. Keep all evidence that the marriage was entered into in good faith.

2. Make sure the divorce papers mention the Affidavit of Support she signed - If you cannot support yourself, she may have to pay alimony to you so you do not become a public charge.

3. As long as you have proof of bona fide marriage, she should not be able to hurt your status. US citizens like to believe and hold it above your head that they have all the power but that is not the case.

4.The fact that she changed your address is illegal - You can change your address using form AR-11- its is online and a very simple process https://www.uscis.gov/ar-11

5. The financial situation will only impact you if :

a. do not file your taxes or do not pay what you owe to the IRS - if you cannot afford it, make a payment plan and retain evidence of payments to date.

b. cannot support yourself and end up on government benefits - before that happens you should sue her for alimony. - Do not , repeat , do not claim to be a US citizen to gain federal benefits - that will basically cut all chances to citizenship.

 

I am not an immigration specialist / lawyer.

Candybabe, thank you for your reply.

I do have all the evidence that the marriage was entered into in good faith....and i do file taxes every year of course.

I am not sure how to get the Affidavit of support mentioned in the divorce papers. i doubt the divorce judge cares about immigration matters. All they care about is to speed up the process and clear their calendar, lol. Also our state is a "no fault divorce" state, in case that matters.....

[skeleta 0]

3 hours ago, mindthegap said:

Yes, you should worry about her doing something with USCIS. I speak from current experience of this unfortunately.

Not a huge amount you can do to prevent it, only react to it.

 

Her posing as you and changing your address is most definitely illegal, so I suggest you inform them of this fact.

Not sure you can file an online AR-11 here without a receipt number: https://egov.uscis.gov/coa/displayCOAForm.do 

Perhaps make an infopass and try to do it there, or just fill in the AR-11 and mail it to USCIS. Either way, you must have a current address on file.

 

 

You can file an I-751 with divorce waiver at any time - you do not have to wait until the 90 days preceding the 2 year anniversary of gaining your permanent residence, as you do with a joint filing. It also helps that the USC is the one that filed for divorce and not you.

 Once you file with a waiver, she is not involved in the I-751 process and will not be required to attend an interview if you are called for one. However, waiver I-751a are still adjudicated on the bona-fide evidence presented, so make sure you have what you need.

 

Given her behaviour already with the address thing, I would be filing a waiver I-751 ASAP.

 

 

i dont know whether she posed as me, but i know she is the petitioner and has the receipt number from the copies of my immigration paperwork - i assume that is how she was able to change the address....this only shows a flaw in the uscis website system - anyone with a receipt number can change an address, lol

[candybabe 46]

1 minute ago, skeleta said:

Candybabe, thank you for your reply.

I do have all the evidence that the marriage was entered into in good faith....and i do file taxes every year of course.

I am not sure how to get the Affidavit of support mentioned in the divorce papers. i doubt the divorce judge cares about immigration matters. All they care about is to speed up the process and clear their calendar, lol. Also our state is a "no fault divorce" state, in case that matters.....

The judge will absolutely care about the Affidavit of Support - It is the reason you were granted your GC - because you won't become a public charge.

So yes - the court will care if the US citizen entered a contract with the US Govt to support you - That contract does not expire until you either renounce your GC, lose your status because you did not remove conditions,  become a citizen yourself or accumulate work credits - Divorce does not void it.

The judge will want to make sure you are taken care of - by her. Like I said, as much as some US citizens would love to return us like misaddressed mail when they are done being married - it is not as easy - the law protects immigrants equally.

 

If you kept copies of the immigration documents it should be in there with your AOS or I-130 / I-129F. If not , you can just mention it to the lawyer / court and they will figure out where to get it from - It is most likely filed with USCIS with your immigration file.

 

 

 

 

[candybabe 46]

3 minutes ago, skeleta said:

i dont know whether she posed as me, but i know she is the petitioner and has the receipt number from the copies of my immigration paperwork - i assume that is how she was able to change the address....this only shows a flaw in the uscis website system - anyone with a receipt number can change an address, lol

The AR -11 asks for your A# not a receipt number - so you can use your A# on your conditional GC to change the address again.

[skeleta 0]

Just now, candybabe said:

The AR -11 asks for your A# not a receipt number - so you can use your A# on your conditional GC to change the address again.

i just did it!

multi hugs and thanks candybabe!

[candybabe 46]

Or probably best would be to actually go to the USPS site and just hold your mail at the post office. You can then pick it up yourself and not risk her getting a hold of them.

1 minute ago, skeleta said:

i just did it!

multi hugs and thanks candybabe!

now go to USPS and hold your mail so you can only pick it up yourself.

[skeleta 0]

2 minutes ago, candybabe said:

Or probably best would be to actually go to the USPS site and just hold your mail at the post office. You can then pick it up yourself and not risk her getting a hold of them.

now go to USPS and hold your mail so you can only pick it up yourself.

Any idea as to my last question in the original post?

[skeleta 0]

4 minutes ago, candybabe said:

Or probably best would be to actually go to the USPS site and just hold your mail at the post office. You can then pick it up yourself and not risk her getting a hold of them.

now go to USPS and hold your mail so you can only pick it up yourself.

Her getting a hold of what? besides, we dont reside together anymore....

[candybabe 46]

1 minute ago, skeleta said:

Any idea as to my last question in the original post?

Not sure which one -

being a "no fault " state ? It doesn't matter - the affidavit will hold regardless.

having a lot of debt ? Unless your bank account has lots of $$$$ and you are refusing to use the money to pay your debts I would not see that as an issue - if you don't have the $$$ they can't fault you for that .....poverty / struggling financially is not a crime :-)

[candybabe 46]

1 minute ago, skeleta said:

Her getting a hold of what? besides, we dont reside together anymore....

obviously - if she changed your address back to her house it is BECAUSE she wants to receive your mail ..... what is in your mail ? you know better ? but all your letters from USCIS, interview appointments etc.....

[skeleta 0]

Just now, candybabe said:

obviously - if she changed your address back to her house it is BECAUSE she wants to receive your mail ..... what is in your mail ? you know better ? but all your letters from USCIS, interview appointments etc.....

right, but all the paperwork is done and case was closed. so the only mail from USCIS will be when i file form I-751 and they reply.......i did change the address today through the USCIS website so everything should be OK in that regard. Cheers!