Can foreign spouse file divorce on Conditional GC?

[Lemonslice 4,886]

3 hours ago, Chemist said:

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

If I were in your situation, I would just try to get the most amicable divorce possible and leave it at that.  It can get much worse if she decides to get an overly aggresive lawyer.  

 

Something like this thread: 

 

[Chemist 2]

Just a quick update:

 

I received a call last week from the Department of Homeland Security.  Caller ID showed the number (312)-000-0000 so it seemed to be a Chicago office.

 

The man explained that it was a courtesy call to explain that they had received the information about my ex-wife and it has been placed in her file.  The information will be considered and I might be contacted in the future for any questions.

 

I don't know if it's typical policy for the DHS to make this call or if the info I submitted got their attention.  So I don't want to read to much into it.  I'm just glad there is a confirmation of receipt and that what I submitted did get placed in her file.

 

I previously made an infopass appointment at the Chicago office to inquire about her green card status or  her I-751 as an interested party but apparently her right to privacy supersedes my right to know.  But maybe this appointment triggered the call.

 

I had submitted my evidence to: 

Chicago USCIS field office (in person via an infopass appt)

The California Service Center (she is still living in Florida)

The processing center at Lee's Summit, Missouri

A local ICE PO box that was provided to me by USCIS during an Infopass appt.

 

This might have been overkill but wanted to make sure somebody received it and added the info to her file.

 

That's all so far.

 

[Boiler 45,658]

That brings matters to a conclusion, best advice is to to carry on with your life, I assume the divorce has been finalised.

[Chemist 2]

You assume correctly.

 

Divorce was final in December.  This documentation was submitted also.  So my understanding is that she has no legal status but can apply for the waiver and remain in the country while it's pending.

 

If DHS contacts me again, I'll try to report here.

[Going through 5,671]

8 minutes ago, Chemist said:

You assume correctly.

 

Divorce was final in December.  This documentation was submitted also.  So my understanding is that she has no legal status but can apply for the waiver and remain in the country while it's pending.

 

If DHS contacts me again, I'll try to report here.

As a conditional green card holder, she does have legal status right now.  She just needs to have an approval on her ROC to maintain her status (if approved she would receive the 10-year green card).

[Boiler 45,658]

So she could well have filed back in December using a Divorce waiver, doubt there will be anything else, well you are no longer involved.

[Chemist 2]

Might be a technicality, but according to Section 216(b)(1)(A)(ii) at the following link:

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-4223.html

 

A conditional green card can be terminated if the marriage has been "judicially annulled or terminated".  I formally requested this in the documentation that I sent based on the grounds that she filed, and a judge granted the divorce.

 

I don't know if USCIS would ever follow through with it. Maybe a lawyer would know better about that. And I know she has the right to file a waiver and remain in the country while it's pending anyway.

 

But I also didn't want her to possibly wait the remaining year and a half until the 90 days prior to expiration until she applies for the waver.

 

I was hoping this would pull the trigger earlier.  

 

I imagine that she might get a letter from USCIS informing her that her status has changed and that would trigger the removal of conditions process sooner rather than later.  

 

I don't know if this would happen in reality but I thought I'd try.  As already mentioned, this is all I can do.

[mindthegap 2,590]

42 minutes ago, Chemist said:

 

But I also didn't want her to possibly wait the remaining year and a half until the 90 days prior to expiration until she applies for the waver.

 

Thankfully she has absolute rights, her legal status remains, and your wishes are misguided at best.

The I-751 is not largely concerned with the current state of the marriage, it is all about  the intent. Should she end up in immigration court (not likely but possible), the onus flips to USCIS to PROVE fraudulent intent to evade or circumvent immigration laws and processes.

 

Ironically, now she will be filing an I-751  with a waiver she has LONGER to file than if filing jointly (a waiver can be filed at any time between gaining permanent residence, right up until a final order of removal by a judge) potentially leaving you on the hook for the I-864 for a longer period. 

 

 

Regardless, you aren’t involved in her a) life or b) immigration process any more and I hope she finds future happiness with someone who treats her like a person rather than an an amazon return. You also won’t be told anything by USCIS now.

 

 

55 minutes ago, Chemist said:

I imagine that she might get a letter from USCIS informing her that her status has changed   As already mentioned, this is all I can do.

You imagine wrong- it doesn’t work that way. But, you know what else you could do?.

Leave her in peace.

 

 

 

[Chemist 2]

"Regardless, you aren’t involved in her a) life or b) immigration process any more and I hope she finds future happiness with someone who treats her like a person rather than an an amazon return. You also won’t be told anything by USCIS now."

 

Did I strike a nerve?

 

I know that I'm dealing with a pro-immigrant crowd here and I appreciate the advice.  But information helping Citizens that got scammed into marriage is hard to come by so I report on this as a public service.

 

Her case for genuine intent is weak and there's circumstantial evidence suggesting fraud.  Other green card holders on this board have reported denials of thier I-751's with much more evidence than she has.

 

So she might go with the abuse waiver or claim abandonment.  If this is the case, I might want to tell my side of the story, yes?

 

Plus, if I decide to marry a foreigner again, I want the record to show how serious I was about this marriage.  It isn't about returning her because I don't like her.  

 

If deportation is the only feasible way to relieve me of the obligations under the I-864 then I will pursue it.  Because at the moment, she is at risk of becoming a public charge.

 

[mindthegap 2,590]

16 minutes ago, Chemist said:

Did I strike a nerve?

 

Nah.. I’m just not afraid to call someone out for acting like a complete moron.

 

You are also speaking to someone who received an erroneous denial based on a lie by an ex spouse with zero evidence presented, or given any chance to respond (as should have been given per USCIS policy) so I kind of know a little more about this whole process than you at this point in time, and you appear to have the same end game in mind as my ex spouse.

Thankfully the law disagrees.

 

Enjoy your bitterness - I hope it consumes you from the inside out. 

Edited April 17, 2018 by mindthegap

[cyclone27 710]

I think most people here are trying to tell you that you are wasting your time. 

 

Very little is is needed to approve a waiver and they don’t care what your side is.

[Boiler 45,658]

The only thing that has changed it that she can file now with a divorce waive rather than waiting 2 years.

 

The I 864 has not changed nor will it until she naturalises.

[Chemist 2]

34 minutes ago, mindthegap said:

 

Nah.. I’m just not afraid to call someone out for acting like a complete moron.

 

You are also speaking to someone who received an erroneous denial based on a lie by an ex spouse with zero evidence presented, or given any chance to respond (as should have been given per USCIS policy) so I kind of know a little more about this whole process than you at this point in time, and you appear to have the same end game in mind as my ex spouse.

Thankfully the law disagrees.

 

Enjoy your bitterness - I hope it consumes you from the inside out. 

Nah.. I’m just not afraid to call someone out for acting like a complete moron.

 

I feel that I need to inform you that I have rights as well.  It's hardly moronic to exercise such rights.  This includes reporting an injustice or violations of the law to the authorities.  Some might even call it an obligation.  Or even...gasp!...good citizenship.

 

You are also speaking to someone who received an erroneous denial based on a lie by an ex spouse with zero evidence presented, or given any chance to respond (as should have been given per USCIS policy) so I kind of know a little more about this whole process than you at this point in time, and you appear to have the same end game in mind as my ex spouse.

 

Our situations differ in one key respect.  You ex lied and had zero evidence.  This isn't my case at all.

 

Enjoy your bitterness - I hope it consumes you from the inside out. 

 

And a good day to you too sir!

 

[Chemist 2]

41 minutes ago, cyclone27 said:

I think most people here are trying to tell you that you are wasting your time. 

 

Very little is is needed to approve a waiver and they don’t care what your side is.

I think most people here are trying to tell you that you are wasting your time. 

 

How do you figure?  It took me less than a couple of days to assemble the evidence and then the nominal expense of postage.

 

From a Cost/Benefit standpoint, it's nothing.

 

Very little is is needed to approve a waiver and they don’t care what your side is.

 

Respectfully, I've heard differently.

 

Try googling I-751 denied or similar terminology.

 

Maybe the cases that you will read about are rare, but it seems that USCIS does look for evidence of a genuine marriage.  I get that impression every time somebody posts on this board about an I-751 denial in a state of panic.  There are some clerical issues that can be easily resolved with the help of a lawyer, but there are also some cases where they didn't submit enough evidence.  My ex would be in the latter position most likely.

 

Lastly, I wonder if there's bias in this.

 

Consider that a citizen gets scammed and comes to a board like this asking for advice.  Everybody tells him to move on with his life and leave the petitioner alone.

 

You think that might impact results?  That I-751's get rubber-stamped because nobody bothers to challenge anything?  Because the victim is already told to not try?

 

 

 

 

[Boiler 45,658]

I  have seen people with a lot less evidence and exes who were highly focused get approved, seems no issues here.

 

If you have evidence of fraud you have not mentioned it.

 

6 months since you started the thread, not in your hands, move on.