Divorce before removal of condition - please help

[Hana1220 0]

Hey folks,  I desperatly need advise on I-751 removal of green card condition if the couple get divorce within the first two years. 

I know that applying for I-751 petition can be done based on a few things: divorce before the 90 days starts, extreme cruelty and hardship.  Regarding the extreme cruelty, I heard that the immigration officer would ask for evidence of extreme cruelty from the immigrant and it does not have to be physical. It can be emotional, mental, physiological verbal abuse, humuilation, making treads of deporting the immigrant, etc.  As you know, in many cases, these verbal abuse happen in the privacy of the couple's home and not in front of other people. Therefore, there wouldn't be any witness available. Keeping that in mind,

A. what kind of evidence for extreme cruelty, the immigrant wife could actually show to the immigration officer when she files for the waiver of the greencard condition, alone? 

B. How could she collect evidence on verbal and emotional abuse? 

 

Besides that,  what if he (the US citizen sponsor ) cheats on his immigrant wife through chatting (text, call, video chat) constantly and sometimes even asking other women out in those chats and wouldn't even try to hide it. And when the immigrant wife complains, he humiliates her by saying that this is what it is and he has needs and that she should continue doing her duty as an appreciative wife and if she is not happy, she can return to her country. Even when she asks to see a therapist in order to be able to better cope with her life, he refuses to send her making excuses and perhaps being afraid that she talks about him with the therapist. Keeping in mind that all these conversations happen in the privacy of their home and when they are alone. Considering above, the questions are: 

1. Would that be considered extreme cruelty?

2. If yes, what kind of evidence would be acceptable to the immigration officer and she needs to show?

3. How could she actually collect evidence? 

4. Does she need to do this based on extreme  cruelty which could be hard to collect all the necessary evidence? OR could she make him agree to a joint no fault divorce while keeping quiet about all his cheating and the way he has been treating her, in front of the court and his family. In exchange, getting him to cooperate with her and filing jointly for no fault divorce and fully cooperate on gathering documents and proofs anyway he could to help her with removal of residency condition? 

Grateful for any thought on this. Thank you 🙁😢

[Going through 5,671]

Honestly, it's much easier to switch the i-751 to a simple divorce waiver--- rather than an abuse waiver:

 

With a divorce waiver, the foreigner only has to provide evidence that it was a bonafide marriage (before the marriage broke down), and that the marriage was entered into with bonafide intent.  USCIS will not care why the couple divorced/you do not have to justify why you divorced.

 

With an abuse waiver, much more complicated in gathering/submitting evidence proving the abuse, and much more scrutinized by the IO.

[Going through 5,671]

33 minutes ago, Hana1220 said:

 what if he (the US citizen sponsor ) cheats on his immigrant wife through chatting (text, call, video chat) constantly and sometimes even asking other women out in those chats and wouldn't even try to hide it. And when the immigrant wife complains, he humiliates her by saying that this is what it is and he has needs and that she should continue doing her duty as an appreciative wife and if she is not happy, she can return to her country. Even when she asks to see a therapist in order to be able to better cope with her life, he refuses to send her making excuses and perhaps being afraid that she talks about him with the therapist. Keeping in mind that all these conversations happen in the privacy of their home and when they are alone. Considering above, the questions are: 

1. Would that be considered extreme cruelty?

What you've described above is a bad marriage and infidelity, not abuse/extreme cruelty in the eyes of USCIS.  The husband sounds like a jerk---however, cheating on a spouse does not equal extreme cruelty.  Plus it sounds like she is already planning on divorcing him.

 

Again, switching to a divorce waiver rather than an abuse waiver makes much more sense in the case you've described above (especially since extreme cruelty would be much harder to prove in what you've described so far).

 

On an aside, the wife can seek out a therapist/counselling on her own rather than "asking" him if she can go to one/relying on him to "send her" to one...presumably she can find someone who takes whatever insurance she has...she doesn't need to go WITH him to counselling---if she feels she needs help, she can go to a therapist without him.  (since they are divorcing, chances are she would be attending therapy sessions on her own, going forward, anyhow)

 

Best of luck to her/you.

Edited February 21, 2019 by Going through

[Hana1220 0]

Thank you for your kind response. 

Does it matter to USCIS when to file for divorce as long as it's completed before the 90 days eligibility for filing for I-751 starts? I mean, can the process starts right after getting the conditional greencard? Or she has to wait for a couple of months at least? 

 

Does the divorce have to be "at fault" divorce showing his infidelity or it can be a "mutual consent" divorce? Would the nature of the divorce really make a difference in the eyes of USCIS? (In case he doesn't cooperate for a smooth divorce, she might see the need to tell him that for an exchange for a quiet mutual consent divorce, she would keep quiet about his infidelity to the court and to his families and friends; if in fact this could save her some times, money and hassle and would not matter in the eyes of USCIS anyway. If in fact that seems to be the right approach,  even going to therapist by herself, she could only talk about their differences that has made their life unbearable and doesn't talk about his infidelity.  After all, she would need to submit a copy of the therapy report to the lawyer and perhaps a copy to USCIS.) Am I thinking in a right direction? 

Any thought/comment on this would be quite appreciated. 

 

Kind regards 

[Going through 5,671]

4 minutes ago, Hana1220 said:

Does the divorce have to be "at fault" divorce showing his infidelity or it can be a "mutual consent" divorce?Would the nature of the divorce really make a difference in the eyes of USCIS?

USCIS doesn't care why the couple got divorced.  They only care that the marriage was entered into with bonafide intent.  The nature of the divorce may make a difference during divorce proceedings/alimony settlement.

 

7 minutes ago, Hana1220 said:

Does it matter to USCIS when to file for divorce as long as it's completed before the 90 days eligibility for filing for I-751 starts? I mean, can the process starts right after getting the conditional greencard? Or she has to wait for a couple of months at least? 

It does and it doesn't matter.  Can you file for divorce at any time?  Yes, however the i-751 cannot be approved until the final divorce decree is submitted to USCIS.

 

Can it cause added scrutiny to the i-751 if divorce is filed for almost immediately after receiving the 2-year GC?  Yes, as it can bring into question whether the marriage was entered into with bonafide intent, or entered into solely for immigration benefits.  

[Hana1220 0]

25 minutes ago, Going through said:

USCIS doesn't care why the couple got divorced.  They only care that the marriage was entered into with bonafide intent.  The nature of the divorce may make a difference during divorce proceedings/alimony settlement.

 

It does and it doesn't matter.  Can you file for divorce at any time?  Yes, however the i-751 cannot be approved until the final divorce decree is submitted to USCIS.

 

Can it cause added scrutiny to the i-751 if divorce is filed for almost immediately after receiving the 2-year GC?  Yes, as it can bring into question whether the marriage was entered into with bonafide intent, or entered into solely for immigration benefits.  

Thank you. 🙏 

[mindthegap 2,590]

2 hours ago, Hana1220 said:

Does it matter to USCIS when to file for divorce as long as it's completed before the 90 days eligibility for filing for I-751 starts? I mean, can the process starts right after getting the conditional greencard? Or she has to wait for a couple of months at least? 

With a divorce waiver you can file at any time - you do not have to wait until the 90 day window.

 

2 hours ago, Hana1220 said:

Does the divorce have to be "at fault" divorce showing his infidelity or it can be a "mutual consent" divorce? Would the nature of the divorce really make a difference in the eyes of USCIS?

No.

"(2)     Good Faith, Not at Fault     .            

Despite the best intentions, marriages do not always work out, and sometimes even bona fide marriages fall apart in less than 2 years. IMFA was not meant to be a tool to be used against unlucky or unlikely marriages; it was meant to be a tool against fraud. Accordingly, IMFA provides for a waiver if the alien can establish that he or she entered the marriage in good faith and he or she was not at fault in failing to meet the IMFA requirements. Things to consider when adjudicating this type of waiver include :            

 

Weight is not given to who filed the divorce. (Initially, the statute required that the alien had to be the moving party in the proceedings to terminate the marriage (i.e., that the alien had terminated the marriage for “good cause”). This occasionally resulted in what became known as “the race to the courthouse.” Since the issue was meant to center on whether the alien had good faith when immigrating, not on whose attorney could file for divorce faster, this requirement was dropped.)        

It does not matter if the conditional resident’s spouse entered the marriage in good faith, only the intent of the conditional resident him or herself is relevant. Interviewing the conditional resident’s former spouse (either in response to a call-in letter, a field examination or a referral to Investigations) may provide relevant and valuable information on the alien’s intent, or it may only result in a spiteful diatribe. Adjudicators should always be aware of the source and motivation of information provi ded. Also, when interviewing a former spouse, always be extremely careful not to divulge any information (such as the alien’s current location) which could result in the alien being subjected to abuse or battering.  "

[Hana1220 0]

Let's say the divorce is completed within the two years before the 90 days window. For filing for I-751 removal of condition on greencard alone, what are the supporting info/proof that the immigrant needs to provide USCIS? There really can't be more evidence (for proving the marriage was real to start with) collected than what were already provided and submitted at the greencard interview...specially, if the divorce process starts just a few months after recieving the conditional greencard. Any thoughts or sample of list of evidence in this specific situation would be much appreciated. 

Thank you 🙄😒

[Going through 5,671]

56 minutes ago, Hana1220 said:

Let's say the divorce is completed within the two years before the 90 days window. For filing for I-751 removal of condition on greencard alone, what are the supporting info/proof that the immigrant needs to provide USCIS? There really can't be more evidence (for proving the marriage was real to start with) collected than what were already provided and submitted at the greencard interview...specially, if the divorce process starts just a few months after recieving the conditional greencard. Any thoughts or sample of list of evidence in this specific situation would be much appreciated. 

Thank you 🙄😒

Previous tax filings, joint utility bills (over the course of the marriage until it broke down), joint bank accounts (over the course of the marriage until it broke down), shared lease and shared health insurance, (over the course of the marriage until it broke down), birth certificate(s) of any children born from the marriage, etc.

 

Basically, you are providing the same sort of evidence as if filing a joint i-751 petition...along with the statement to USCIS that you are requesting a divorce waiver, and the final divorce decree when available.

[Hana1220 0]

On 2/21/2019 at 11:38 AM, mindthegap said:

With a divorce waiver you can file at any time - you do not have to wait until the 90 day window.

 

No.

"(2)     Good Faith, Not at Fault     .            

Despite the best intentions, marriages do not always work out, and sometimes even bona fide marriages fall apart in less than 2 years. IMFA was not meant to be a tool to be used against unlucky or unlikely marriages; it was meant to be a tool against fraud. Accordingly, IMFA provides for a waiver if the alien can establish that he or she entered the marriage in good faith and he or she was not at fault in failing to meet the IMFA requirements. Things to consider when adjudicating this type of waiver include :            

 

Weight is not given to who filed the divorce. (Initially, the statute required that the alien had to be the moving party in the proceedings to terminate the marriage (i.e., that the alien had terminated the marriage for “good cause”). This occasionally resulted in what became known as “the race to the courthouse.” Since the issue was meant to center on whether the alien had good faith when immigrating, not on whose attorney could file for divorce faster, this requirement was dropped.)        

It does not matter if the conditional resident’s spouse entered the marriage in good faith, only the intent of the conditional resident him or herself is relevant. Interviewing the conditional resident’s former spouse (either in response to a call-in letter, a field examination or a referral to Investigations) may provide relevant and valuable information on the alien’s intent, or it may only result in a spiteful diatribe. Adjudicators should always be aware of the source and motivation of information provi ded. Also, when interviewing a former spouse, always be extremely careful not to divulge any information (such as the alien’s current location) which could result in the alien being subjected to abuse or battering.  "

Hi, To make sure that I am clear about the USCIS's conditions and requirements on divorce and applying for removal of conditional green card before the 90 day window,  before I start the divorce process, I would be grateful for your help with answering to the following questions: 

 

1. How soon after receiving conditional greencard, can I file for divorce?  Do I actually have to wait a couple of months before filing for divorce so that the USCIS wouldn't think that the marriage was a fraud? Would USCIS care when I file for divorce? 

 

2. Besides all the supporting documents showing our living together as a real couple, would it help (would it be necessary) to get my husband accept to write an affidavit explaining that the marriage started in a good faith? What about asking his family/our friends to write such affidavit? Would it be crucial to have those affidavits collected and sent to USCIS along with my other documents when I apply for I-751 petition and divorce waiver? 

 

3. Would the nature of the divorce matter to USCIS if both agree on divorce as long as it was started with good faith? 

 

4. Do I have to wait until the divorce is "completed" and only then, I apply for I-751 solely and divorce waiver?  

 

5. Do we have to keep living together even after filing for divorce ( in order to maintain all our supporting documents/evidence of our real married life) until the day the divorce is completed and filing for I-751 petition and divorce waiver? (This question may actually sound silly but I really need to know the answer before starting the divorce process.) 

 

Thank you for your help and insights. 

God bless. 🙏🥀

[NikLR 13,228]

1) it doesnt matter.  Dont stay married for a green card. 

 

2) affidavits written by someone else carry little weight in terms of evidence.  If your soon to be ec husband writes one then good, if not, dont worry about it. 

 

3) not generally.  

 

4) there are three ways to file with a divorce waiver.  If you divorce and have the final divorce decree in your hands, you can file the I-751 at any time even if your conditional green card is not within the 90 day period before expiring.  If you are within the 90 day period you can file with a divorce waiver if a divorce has been started or is planned.  The USCIS will RFE for a final divorce decree.  Or you can switch from a joint petition to a divorce waiver during the process if the marriage was fine but things no longer work out during the I-751 process. 

 

5) no.  You dont even have to live together before starting a divorce.  

[Hana1220 0]

Thank you

🙏🙏🥀🥀

[Hana1220 0]

Hi folks, do you know a divorce lawyer in Philadelphia who also knows and practices immigration law? Thank you 🙏

Also, anyone knows a lawyer for referral program with discounted legal rates at Delaware County Bar Association? Do I have to pick a lawyer within my county? Appreciate any thought on this.