2 weeks to file

[Igsy 15]

Hello. My wife went back to her country, found new lovers and abandoned her life here, in the states. I begged her to come back and seek marriage counseling, but I was unsuccessful.

 

she wrote me the other day , after what I can assume is her realization that she’s about to ruin her chance to live in the states.

 

if she comes? What can I do aside from already filing from divorce / separating joint accounts? Already did that.

 

she doesn’t know how to file, because I did all the filing- and I still have the packet I used with all the info. 

 

Ps she wants me to lie and help her get her filing as if we’re married

 

 

[JFH 12,190]

Where is she in the immigration process? You don't have a timeline... if she has her green card already there is nothing you can do regarding her immigration status. She's a permanent resident and that's that. Divorce alone will not change that. 

 

But regarding your marriage the best thing to do is divorce, cut ties, move on. No different from divorcing someone who was born here. Do you have children together? If so, you will need to come to an agreement (either voluntarily or by court order) regarding where they live and who pays what. 

 

If she doesn't have her green card yet then you can pull the affidavit of support and withdraw yourself from the process. If she came here on a K-1 then she can only stay by adjusting status through marriage to you. If she decides to stay illegally then  that's her problem. 

[Darnell 8,478]

i assume she has the 2 year card already, 

and she's realizing it has an expiration date. 

 

So, a limbo state, seperated, is still deemed married by USCIS and the deadline is a solid one. 

 

If divorced (not just filed for divorce) then the date moves , never forward on a calendar but backwards (a date before the expiration) . 

 

So, not being divorced, she cannot file it herself. 

If she was actually divorced and living in the USA, she could file it herself. 

 

 

[Igsy 15]

On 11/26/2017 at 8:26 AM, Darnell said:

i assume she has the 2 year card already, 

and she's realizing it has an expiration date. 

 

So, a limbo state, seperated, is still deemed married by USCIS and the deadline is a solid one. 

 

If divorced (not just filed for divorce) then the date moves , never forward on a calendar but backwards (a date before the expiration) . 

 

So, not being divorced, she cannot file it herself. 

If she was actually divorced and living in the USA, she could file it herself. 

 

 

I’m confused. So we are in a limbo state , separated from eachother for several months. Can she still file jointly since we are married? Doesn’t she need my approval or signature? How could I tell uscis that she’s trying to work the system? Because that’s what it feels like she’s doing

[Darnell 8,478]

To 'file jointly' requires a signature, your signature .  Plus a stack of evidence referenced in the I-130 instructions (ya, I-130 instructions) that proves up you've been living together, have a shared existence, both names on leases, titles, bills, bank accounts etc .... 

 

I assume if she did this herself without your knowledge or 'help' then:

1.   she'll forge your signature and 

2.  create the evidence and 

3.  not involve you in the process. 

 

Of course, things could change, yes? You two could reconcile, get back together, and file the I-751 .   But will that really happen ? I think no.   

 

Did you file for divorce yet ? If not, do that today, Filing the Divorce Petition (short form) with your county courthouse.  You can amend things later after this first filing ....   

 

If you want to try something serious, write a letter of attestation to USCIS and include a copy of the divorce petition showing the 'filed on <date>' stamp that the county office uses, stating in the letter that you are seeking divorce with no intent for reconciliation and you will never sign the I-751 . 

 

 

 

Caveat - I'm not a lawyer, nor do I play one on TV.  You don't need a lawyer to file the divorce petition.  

[Eric-Pris 1,606]

I would just divorce and move on.  Let her file on her own if she wants, as long as she's out of your life, who care.

[Ontarkie 14,236]

~~2 post removed to keep identity of the OP private. @Igsy the only time we allow two accounts is when you are trying to protect your main account identity. If you're going to post with both accounts one will need to be closed.~~

[Igsy 15]

Sorry for the second account. I will be deleting it. It seems that she is very upset that i won’t be helping her, but i feel that there are couples that are waiting for their case to be processed and I don’t want to take advantage of the system, especially when people rely on it.

 

unfortunately , she posted lies about me on Facebook saying that I abused her and she posted pictures of the bruises. At this point I’ve blocked her and I don’t know what to do. 

 

“Did you file for divorce yet ? If not, do that today, Filing the Divorce Petition (short form) with your county courthouse.  You can amend things later after this first filing ....   “

 

i did not file but I will do that first thing in the morning.

 

[Going through 5,671]

Depending on if she has the 2-year green card....

 

She can still ROC on her own if she files with a divorce waiver, and would not need your consent or authorization/signature to do that.

She would then have to submit proof that she entered the marriage with bonafide intent---USCIS would not care about the reasons behind the divorce.

[Darnell 8,478]

On 11/30/2017 at 5:39 AM, Igsy said:

i did not file but I will do that first thing in the morning.

 

Cool.  You can take the divorce petition paperwork that shows the stamp (a copy of, rather) 

and drop it , along with a cover letter, 

into the drop box at your local/nearby USCIS office.   

 

In the cover letter, list her bio-data , case # on the current green card, current green card number, write a bit that you've filed for divorce and will not be signing on any joint I-751 petition ...   Ask that the contents of what you've submitted be added to her casefile immediately.   

 

 

[Sue You 17]

Drop that anchor and Run.