Can foreign spouse file divorce on Conditional GC?

[Boiler 45,956]

I think the Mcat threads are now behind a paywall but certainly one of the greatest all time VJ Posters.

[Chemist 2]

3 hours ago, Damara said:

She has the fact that you left the joint lease/marital home. Yes it was for a good reason and you can argue she chose not to relocate with you so the fault of the breakup of the joint residence was hers but you have to at least acknowledge the material fact (which is the move and break up of the joint residence) can be viewed from either angle. She also has what holds the most weight her affidavit or answers in an interview. Since it is unknown what she told them already or will tell them in an interview one has to assume she will be 100% truthful and present the situation as you leaving her and a marriage that started out pure but turned into you guys just wanting different things.

 

As for her job its neither here nor there. Its a legal source of income. If you are counting on them considering it immoral and holding her against her - it wont happen. Also if she gets denied ROC and has to go to immigration court there are tons of pro-bono immigration lawyers that would be willing to help her. 

I get what you said about the devil's advocate.  But it seems that some respondents are better at dishing it out than taking it.  And lately it seems to be forcing some absurd conclusions.

 

Reading some of the Q and A at Avvo, give a slightly different impression of things that USCIS may look for then what is stated in this board.  Even allowing for a bunch of lawyers overstating the risks and pitfalls so that they can sell their services, it seems that at least some consideration is given to whether or not a genuine marriage can be proven.  In other words, does the couple behave like normal married couples behave?  Are they living together?  Do they know each others habits?  Do they attend family gatherings together? There seems to be awareness that couples can just go through the motions and get their names on as many documents as possible.  They also consider whether or not the couple is taking the marriage seriously.  I would guess this is why Stokes interviews were being utilized.  It's because of the realization that couples could be faking it ,so they dig  into details about the marriage that both spouses should know by questioning them seperately.

 

Fortunately, I'm not framing her job as a moral issue.  But I'm actually suggesting that it's a big mark in the negative column.  Married spouses don't start stripping normally.  There is one possible reason I can think of for taking such a job and that's for money.  My new job should have eleviated this concern.  So why didn't she move? Most married couples do this, even if one spouse doesn't like the idea, they will move if they are taking the marriage seriously.  The fact that she didn't is another mark in the negative column.    And I'm testifying that she did promise to move when the lease expired and broke this promise,  and I outlined the actions I took with the expectation that she would keep her word.  This is simply not "abandonment" by any reasonable deffinition.

 

She may very well ROC successfully if she can answer for some huge negative marks in a way that satisfies a USCIS agent.  But I think she is walking a very thin and risky line.  

 

In regards to lawyers,  I hear about some probono ones.  I don't have the source handy but I read somewhere that only about 15% of immigrants that appear in court are represented by lawyers.  So I'm led to believe there aren't too many of them.  The process seems to be too involved and there's no potential benefit or payoff unless you are doing this as an activist.  I know of some jurisdictions in California that have allocated tax payer dollars to fund these types of legal expenses, but I don't know if Florida has such an arrangement.

 

Unfortunately, there aren't roadmaps that one can go buy when trying to report a fraudulent marriage.  That would open up a huge cottage industry focused on gaming immigration law.  I can only hope to put together the best case I can and let them take it from there.

 

 

[Going through 5,671]

6 hours ago, Boiler said:

I do not remember anybody in this situation been told what happened, well assuming they were not sill in contact with their ex.

 

But of course I do not read every posts and go missing from VJ every now and then.

 

Does anybody remember anything different.

 

There was that all time classic VJ threads from many years ago but seem to recollect she was from Russia and working in NJ, can not remember the posters name....

No thread I've ever come across in my time on VJ (and I spend waaaayyyyy too much time here) have I ever seen an update where the ex-spouse was given any update on another's immigration process/outcome...unless it came directly from the ex themself.

[Boiler 45,956]

45 minutes ago, Going through said:

No thread I've ever come across in my time on VJ (and I spend waaaayyyyy too much time here) have I ever seen an update where the ex-spouse was given any update on another's immigration process/outcome...unless it came directly from the ex themself.

Look at it from USCIS point of view.

 

They have another disappointed USC spouse, judging from the frequency we see of such cases on here and assuming we see the tip of the iceberg this is fairly common situation.

 

As has been mentioned they have gone through the Consulate, got their GC and now at this last step everything has changed.

 

I can think of maybe 2 cases out of hundreds here where there has been evidence, they have stated this was all to get a Green Card. So we are back to the failed marriage agony column situation, he says she says. You might try and scare them to withdraw their application but I doubt that works very often and of course you are in the US not at a Consulate so not much you can really do.

 

So you are USCIS, you know if you take it further it will end up in Court, you have to dedicate very limited resources and end up justifying your call in front of a sceptical judge who will be asking for hard evidence, deporting someone in a serious issue and the Judge will need justification against any possible appeal.

 

And all of this of course take years and costs a lot of money.

 

So what do you do?

[Chemist 2]

A slight correction about what I said about representation rates in immigration courts:

 

It seems that the low rate I quoted earlier refers to immigrants that have been detained: only 10-30% are represented by lawyers in immigration courts. 

 

For others, it's more like 60-80% that are represented in court. 

 

http://trac.syr.edu/whatsnew/email.171016.html

 

Also, successful ruling in court varies depending on the judge and what area of the country

 

https://www.reuters.com/investigates/special-report/usa-immigration-asylum/

 

It seems the best chances are in San Francisco and Arlington, VA.

 

Pompano Beach, FL (very close to my ex) has almost no chance of a favorable ruling. 

 

For your reference. 

 

 

[Boiler 45,956]

She is claiming Asylum?

[Going through 5,671]

7 hours ago, Chemist said:

A slight correction about what I said about representation rates in immigration courts:

 

It seems that the low rate I quoted earlier refers to immigrants that have been detained: only 10-30% are represented by lawyers in immigration courts. 

 

For others, it's more like 60-80% that are represented in court. 

 

http://trac.syr.edu/whatsnew/email.171016.html

 

Also, successful ruling in court varies depending on the judge and what area of the country

 

https://www.reuters.com/investigates/special-report/usa-immigration-asylum/

 

It seems the best chances are in San Francisco and Arlington, VA.

 

Pompano Beach, FL (very close to my ex) has almost no chance of a favorable ruling. 

 

For your reference. 

 

 

Your last link referred to those who claim asylum.

She's not claiming asylum.  She's just ROC'ing with a divorce waiver....much more common (and typically favorable when adjudicating).

 

No way of knowing if she'll even reach that state of being placed in removal proceedings, anyhow, instead of just being approved for the ROC.

Edited April 20, 2018 by Going through

[Chemist 2]

I wish I found different information. But wonder if we can infer how lenient the judges are based on asylum cases. 

 

 

[cyclone27 710]

^asylum cases are another kettle of fish and have no relevance to i751 cases.

[Going through 5,671]

11 minutes ago, Chemist said:

I wish I found different information. But wonder if we can infer how lenient the judges are based on asylum cases. 

 

 

I don't know if you can compare the two, really.  Terms of evidence and adjudication for an asylum case and a ROC case needed are completely different.

Also with the ROC the person has already established residency/employment/ties in the US for at least 2 years or more (as opposed to having just arrived in the country)---which carries a lot of weight with a judge.

 

I did once come across an article that states more often than not, an ROC denial by USCIS is overturned and approved by a judge in immigration court.

Edited April 20, 2018 by Going through