Can foreign spouse file divorce on Conditional GC?

[mindthegap 2,590]

23 minutes ago, Chemist said:

Mindthegap.

 

I know, being through the process yourself, that you have valuable insight to share.  But I also seem to remember you mentioning that you were surprised that USCIS considered certain evidence of the fraud case against you.  Apparently, you thought it was a flimsy case but USCIS didn't and it made the process more difficult for you.  You apparently needed to provide additional proof that the marriage was in good faith.  Care to elaborate for my benefit or is it too personal?

 

The reason for my denial is not really relevant to your situation, and the denial was of a jointly filed I-751, and was not denied due to lack of evidence of a bonafide relationship.

The reason given was 'not properly filed' due to some false allegations made without my knowledge a significant amount of time after jointly filing, and I was given no opportunity to respond to or refute the allegations

Edited November 6, 2017 by mindthegap

[N-o-l-a 7,168]

25 minutes ago, Chemist said:

 

 

I was trying to be her husband, not her keeper.  I see many respondents taking exception to the fact that I disapproved of her having her own accounts and such.  Supposedly, many couples have this arrangement.  None that I've seen personally, however.  In my experience. Spouses that do this are planning to divorce.  USCIS may see this differently, however.

 

 

We have a very traditional marriage, but yet I, the woman and stay at home wife/mother still have my own bank accounts and credit cards.   I can assure you that keeping your own personal bank account or credit card is beyond standard.  My kids have their own bank accounts too, *gasp*.  There are a variety of reasons to diversify where one's assets are held and especially under which names.  I'll not bore you with it, but it is a common feature of financial solvent couples.

 

 

 

 

Edited November 6, 2017 by N-o-l-a

[Chemist 2]

7 minutes ago, Going through said:

I have a joint bank account with my husband.

I have a personal checking account.

I have a personal savings account.

I have my own credit cards.

 

In no way does having control over your own money signify that someone is planning a secret divorce---it possibly means that she was getting tired of you controlling her financially/having to ask you for money as though she were a child.

 

Most people who are responsible adults make sure they live financially responsible too.  Kudos to her for taking that important step in adulthood, and also for taking that initiative on her own since it's clear you would not have supported her in doing so.

 

I'm curious why you would disapprove of her having her own bank account?  Are you saying that you've never had your own personal bank account or credit card of your own during a relationship?  Or is it more of a cultural thing where "the man is the breadwinner/controls all the finances"?

I didn't disapprove of her having her own accounts.  I simply didn't know about them.  Certain banks didn't allow her to open accounts or even add her name to mine without a green card.  One allowed us to open a joint checking with just her work authorization.  So when I found that she was able to open other accounts, I was surprised to say the least.

 

I'm also not sure where you get the idea that she was asking for money like a child.  I gave what I could and took a better paying job out of state to give her more.  She says that she move to join me when the lease in Florida is up.  She filed for divorce instead.

 

 

[Going through 5,671]

32 minutes ago, Chemist said:

I see many respondents taking exception to the fact that I disapproved of her having her own accounts and such.

 

Your words above---which is why I asked this:

 

21 minutes ago, Going through said:

I'm curious why you would disapprove of her having her own bank account?

 

As to the below:

 

7 minutes ago, Chemist said:

I'm also not sure where you get the idea that she was asking for money like a child.

I'm not saying she WAS asking you for money---I'm saying that she may have felt that way which is what may have prompted her to open her own bank accounts---as an adult, it can be somewhat awkward/feel demeaning to have to completely rely on someone else financially all the time---even a spouse.

 

Either way, having her own bank account is a good thing, not a bad thing, in the long run.

 

10 minutes ago, Chemist said:

I gave what I could and took a better paying job out of state to give her more.  She says that she move to join me when the lease in Florida is up.  She filed for divorce instead.

It's never easy when a marriage falls apart, no matter what the reason.  And it sounds like it completely blindsided you in a way because I'm sure you felt you were doing what you could for the sake of the marriage financially.  The only person who can tell you why she chose to divorce instead of move is your wife---I hope she's been open in communicating with you her reasons?

 

 

[Chemist 2]

7 minutes ago, N-o-l-a said:

 

We have a very traditional marriage, but yet I, the woman and stay at home wife/mother still have my own bank accounts and credit cards.   I can assure you that keeping your own personal bank account or credit card is beyond standard.  My kids have their own bank accounts too, *gasp*.  There are a variety of reasons to diversify where one's assets are held and especially under which names.  I'll not bore you with it, but it is a common feature of financial solvent couples.

 

 

 

 

I'm generally in agreement with you.  But I would also wager that your spouse also knew about the accounts you got when you opened them.  You guys either discussed it or you notified him.  Same thing with your kids.

 

This isn't the case with us.  She was hiding something.

 

Probably wouldn't matter in the long run but there it is.  

 

There's a lot of jumping to conclusions here.  

 

[Chemist 2]

Just now, Going through said:

 

The only person who can tell you why she chose to divorce instead of move is your wife---I hope she's been open in communicating with you her reasons?

 

 

No she hasn't unfortunately.

[Going through 5,671]

4 minutes ago, Chemist said:

No she hasn't unfortunately.

Ah ok now I can more understand why you felt the "bank account" thing was something more nefarious on her part.

 

 

 

 

[Going through 5,671]

7 minutes ago, Chemist said:

I'm generally in agreement with you.  But I would also wager that your spouse also knew about the accounts you got when you opened them.  You guys either discussed it or you notified him.  Same thing with your kids.

 

This isn't the case with us.  She was hiding something.

 

Probably wouldn't matter in the long run but there it is.  

 

There's a lot of jumping to conclusions here.  

 

I'm not No-la so I can only speak for myself here----but wanted to chime in---I never "discussed" or "notified" my husband when I opened my own accounts/applied for credit cards and the like.  I just did it.  I also opened up a joint bank account with my minor child (my spouse's name is not on the account...my name is on it because I had to by bank policies or else it would have been "just" hers).  He didn't know about it until afterwards---was an impulse decision on my part one day when thinking about her own future financially.

 

In my view---I'm an adult.  Why would I need to discuss opening my own bank account (to deposit my own money in) with someone else?  

 

 

[Going through 5,671]

12 minutes ago, Chemist said:

No she hasn't unfortunately.

That is unfortunate. 

[Chemist 2]

As promised, I'll report on the USCIS Infopass appointment that I went to.

 

The appointment was early morning this past Monday located at the USCIS office in Chicago and was very brief.

 

Apparently, since we're divorcing, I don't have to worry about the Affidavit of Support that I signed.  I asked him if he was sure about this.  It seemed that I would be on the hook for 10 years based on what I've read.  I wanted to be clear that I wasn't asking about alimony or child support because we had no children in the marriage.  He said that's fine. 

 

Maybe he means that the government won't really come after me if she becomes a public charge.  Or maybe because since she divorced me and is able-bodied and that somehow negates it.  I don't know and I'm open to interpretations from the experts here as to why the Affidavit of Support won't be a liability for me.

 

I also included a sworn and notarized affidavit about our marriage.  I referenced her married and unmarried name, her alien number, DOB, Social Security number and last known address.  The main objective was to put myself on record that I did this in good faith and that, if the government suspects fraud, then I had nothing to do with it.  I tried to keep it fact based (not a rant) and in an outline format that is easy to read.  It's about three pages and covers various aspects of our marriage.  I stated that I would be available to answer any questions or participate in any investigations.

 

Interestingly, the agent took this to his supervisor's office and came back a few minutes later saying that "it looks pretty good" and gave me a form that I should fill out and send to ICE.  He said that this type of thing happens a lot and that he's sorry I went through it.

 

I also gave him a copy of the divorce petition that I was served.  It lists my wife as the petitioner and doesn't have any claims of abuse or adultery, etc, so I felt that would be relevant with her file.

 

My parents also wanted to submit a sworn affidavit about our marriage since we had lived with them briefly in Chicago while I was in between jobs.  They mailed this affidavit to themselves in a sealed envelope so that it had the postmark on it.  They thought it best that I don't know what's in it, but my stepfather said he would be willing to testify as a character witness.  He's a retired police officer.  I handed this envelope to the agent as well.

 

He said I wouldn't need to submit anything to the Florida office since it all goes to a central file that the agent would see when deciding on her case.  I get the impression that she'll be asked questions about what's in the affidavits and see how she answers.

 

I think that it's out of my hands at this point and I may not need to worry about any financial liability from the affidavit, for whatever reason.

 

If there's any news or I get contacted by the authorities, I'll update.

 

I just wanted to say thanks for all the advice and insight.  It's appreciated.

 

 

[mindthegap 2,590]

13 minutes ago, Chemist said:

Apparently, since we're divorcing, I don't have to worry about the Affidavit of Support that I signed.  I asked him if he was sure about this.  It seemed that I would be on the hook for 10 years based on what I've read.  I wanted to be clear that I wasn't asking about alimony or child support because we had no children in the marriage.  He said that's fine. 

 

Maybe he means that the government won't really come after me if she becomes a public charge.  Or maybe because since she divorced me and is able-bodied and that somehow negates it.  I don't know and I'm open to interpretations from the experts here as to why the Affidavit of Support won't be a liability for me.

 

[Chemist 2]

1 minute ago, mindthegap said:

 

I'm guessing "D" might apply but I don't know.  I'm just reporting what I was told.

[mindthegap 2,590]

USCIS worker in ' I have no idea what I am talking about, so I will make it up as I go along' non-shocker.

 

 

[Chemist 2]

7 minutes ago, mindthegap said:

USCIS worker in ' I have no idea what I am talking about, so I will make it up as I go along' non-shocker.

 

 

Or he might know that the government doesn't really enforce the provision.

I don't read minds and neither do you...

[Boiler 45,658]

33 minutes ago, mindthegap said:

 

 

25 minutes ago, mindthegap said:

USCIS worker in ' I have no idea what I am talking about, so I will make it up as I go along' non-shocker.

 

 

Possible of the conversation was not clear, as always if you need legal advice talk to a Lawyer, Supreme Court has stated you have no right to believe anything a Gov official tells you.