Cheating After AOS K1 Approv

[Kowatti 189]

Hi guys.  Was just wondering, after spouse gets approved for his k1 AOS, conditional green card, he starts cheating, what can be done after the 2 year conditional green card expires?  Along with that, emotional abuse?  Thank you.

[Just Paul 4,595]

40 minutes ago, Kowatti said:

Hi guys.  Was just wondering, after spouse gets approved for his k1 AOS, conditional green card, he starts cheating, what can be done after the 2 year conditional green card expires?  Along with that, emotional abuse?  Thank you.

Really nothing can be done after the conditional green card is issued.   Can't tell if this is for you or someone else.

 

If you are the beneficiary . . . 

You can divorce and support yourself.  Depending on the time married and states involved you might not receive any alimony.  If the I-864 is pulled you can file and I-360 if there was proof of abuse.  If the conditional green card is issued you can file ROC right away with the divorce waiver.

 

If you are the petitioner . . .

ROC is done by the immigrant and can be done with a divorce waiver.  Petitioner is still on the hook for the I-864.  If AOS hasn't been granted you can try to pull the I-864.

[Kowatti 189]

41 minutes ago, Paul & Mary said:

Really nothing can be done after the conditional green card is issued.   Can't tell if this is for you or someone else.

 

If you are the beneficiary . . . 

You can divorce and support yourself.  Depending on the time married and states involved you might not receive any alimony.  If the I-864 is pulled you can file and I-360 if there was proof of abuse.  If the conditional green card is issued you can file ROC right away with the divorce waiver.

 

If you are the petitioner . . .

ROC is done by the immigrant and can be done with a divorce waiver.  Petitioner is still on the hook for the I-864.  If AOS hasn't been granted you can try to pull the I-864.

Thank you very much.  This helps.

[Quarknase 1,072]

28 minutes ago, Kowatti said:

Thank you very much.  This helps.

Sounds like the conditional greencard was issued and you are the petitioner.

 

You can divorce and move on. You will be on the hook for the I-864, this won't be impacted by a divorce.

 

Sorry this happened to you, but from your description this is a family matter not immigrations matter at this point.

[Mike E 11,739]

11 hours ago, Kowatti said:

Hi guys.  Was just wondering, after spouse gets approved for his k1 AOS, conditional green card, he starts cheating, what can be done after the 2 year conditional green card expires?  Along with that, emotional abuse?  Thank you.

Sorry this is happening.  It is understandable that you feel taken advantage of and it is unfortunate that immigration law allows these premeditated abuses.  Based on the well informed replies you are getting, it would appear the  I-751 process that was put in place to cure such abuses is mostly toothless.  
 

From your timeline the IO in his AOS  interview seemed suspicious. Apparently she smelled smoke where there was fire.  
 

Let’s run through your options. 

 

From the instructions for removal of conditions (I-751)

 

1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires.
 

So whatever you do, don’t file jointly.  
 

2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

 

So unless he manages to divorce you and file before he is removed from the USA, your failure to file the I-751 will cause him to be removed.  However you now have the problem of being married to a spouse that lives outside the USA. If you can force a divorce after he leaves the USA then this would be an interesting scenario for you.  

 

3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status two years from the date on which you were granted conditional status. You will then become removable from the United States.
SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.
 

I’ve no idea if your unwillingness to file the I-751 jointly would be considered “no fault of” his “own”.  
 

Personally if it were me, I would not want the mess of a spouse I did not want in my life still married to me in a foreign country.

 

I was confused by the suggestion that you can withdraw the I-864.   Since the green card is in production based on your timeline, AOS has been approved, and so I think you are stuck with this financial burden  
 

So I would not want to be stuck with this burden either. 

 

So I would divorce, but not so fast and no so slow.   And so I would get legal advice from family law and immigration attorneys in order to achieve the trifecta legally and in full compliance with federal and state law:

 

* Divorce

 

* No financial burden to support an alien ex-spouse under immigration law 

 

* Removal of the ex-spouse from USA. 

Edited March 1, 2020 by Mike E

[carmel34 3,626]

40 minutes ago, Mike E said:

* Divorce

 

* No financial burden to support an alien ex-spouse under immigration law 

 

* Removal of the ex-spouse from USA. 

First option is under the control of the petitioner, the OP, if the assumptions most have made are correct.  Second two issues are in the control of the beneficiary spouse, as they can file ROC with a divorce waiver and stay in the US, I-864 still applies in that case.

[Mike E 11,739]

48 minutes ago, carmel34 said:

First option is under the control of the petitioner, the OP, if the assumptions most have made are correct.  Second two issues are in the control of the beneficiary spouse, as they can file ROC with a divorce waiver and stay in the US, I-864 still applies in that case.

Apparently I was unclear.  
 

(Also there is no need to make assumptions. One only needs to visit OP’s timeline to see what is going on. In summary an apparently blissful relationship went to hell a few weeks ago after the green card went into production.)
 

If the marriage is intact and there is no I-751 filed before the two year green card expires then the next step is removal from the USA.  
 

If the alien is removed from the USA and on at day (Or soon after) the divorce decree is granted then the trifecta has been reached.  
 

If it is true that the divorce is under complete control of the petitioner then the second issues are effectively under control of the petitioner too.  
 

I don’t know what the divorce laws are in OP’s state of residence. In my experience with divorce in a no fault state:
 

* one party can slow down but not stop the process.  
 

* different divorce  cases take different amounts of time to get to decree depending on complexity of the assets, whether there are minor children, years of marriage, whether the divorce is amicable or contested, etc. Even in “no fault divorce” states.  Hence the advice to get guidance from a divorce attorney.  
 

Thus the I disagree with the notion that OP has no leverage here.  She has two cards to play:

 

* Not jointly filing the I-751

 

* To extent state law lets her, time the divorce decree to occur until day of or after removal of the alien

And she should get legal advice on how to play these cards to reach her objectives. 
 

 

Edited March 1, 2020 by Mike E

[Lemonslice 4,838]

40 minutes ago, Mike E said:

Apparently I was unclear.  
 

(Also there is no need to make assumptions. One only needs to visit OP’s timeline to see what is going on. In summary an apparently blissful relationship went to hell a few weeks ago after the green card went into production.)
 

If the marriage is intact and there is no I-751 filed before the two year green card expires then the next step is removal from the USA.  
 

If the alien is removed from the USA and on at day (Or soon after) the divorce decree is granted then the trifecta has been reached.  
 

If it is true that the divorce is under complete control of the petitioner then the second issues are effectively under control of the petitioner too.  
 

I don’t know what the divorce laws are in OP’s state of residence. In my experience with divorce in a no fault state:
 

* one party can slow down but not stop the process.  
 

* different divorce  cases take different amounts of time to get to decree depending on complexity of the assets, whether there are minor children, years of marriage, whether the divorce is amicable or contested, etc. Even in “no fault divorce” states.  Hence the advice to get guidance from a divorce attorney.  
 

Thus the I disagree with the notion that OP has no leverage here.  She has two cards to play:

 

* Not jointly filing the I-751

 

* To extent state law lets her, time the divorce decree to occur until day of or after removal of the alien

And she should get legal advice on how to play these cards to reach her objectives. 
 

 

Should the i-751 be denied, the immigrant can refile with the divorce waiver. There's no immediate removal.

[Mike E 11,739]

Just now, Lemonslice said:

Should the i-751 be denied, the immigrant can refile with the divorce waiver. There's no immediate removal.

What I-751 denial? If there is no joint I-751 filed the beneficiary files individually.  If there is no divorce decree that option for a waiver is foreclosed.  That leaves a waiver based on cruelty or hardship.  Good luck with that.  
 

Now granted if a divorce decree materializes while the beneficiary is still in the USA, he can file an I-751 on the divorce waiver.  
 

Which is why I keep suggesting she would time when then divorce decree shows up. 
 

I like the idea of the judge signing the decree once his pal on ATC confirms that the aircraft conveying the the shackled young gentleman has left USA air space.  But I am a poet at heart.  

[Unlockable 7,314]

1 hour ago, Mike E said:

Apparently I was unclear.  
 

(Also there is no need to make assumptions. One only needs to visit OP’s timeline to see what is going on. In summary an apparently blissful relationship went to hell a few weeks ago after the green card went into production.)
 

If the marriage is intact and there is no I-751 filed before the two year green card expires then the next step is removal from the USA.  
 

If the alien is removed from the USA and on at day (Or soon after) the divorce decree is granted then the trifecta has been reached.  
 

If it is true that the divorce is under complete control of the petitioner then the second issues are effectively under control of the petitioner too.  
 

I don’t know what the divorce laws are in OP’s state of residence. In my experience with divorce in a no fault state:
 

* one party can slow down but not stop the process.  
 

* different divorce  cases take different amounts of time to get to decree depending on complexity of the assets, whether there are minor children, years of marriage, whether the divorce is amicable or contested, etc. Even in “no fault divorce” states.  Hence the advice to get guidance from a divorce attorney.  
 

Thus the I disagree with the notion that OP has no leverage here.  She has two cards to play:

 

* Not jointly filing the I-751

 

* To extent state law lets her, time the divorce decree to occur until day of or after removal of the alien

And she should get legal advice on how to play these cards to reach her objectives. 
 

 

An immigrant can file for ROC even if they are not completely divorced. In fact, a divorce does not even have to be filed. They can simply be legally separated. It says so right on the official ROC page on the Immigration website...

 

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Quote under the "If You Are In Divorce Proceedings But Are Not Yet Divorced"...

Quote

 

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

 

Also, removal from the US is not immediate. All the immigrant has to do is prove the marriage was entered into in good faith.

Quoted under the "How to Get a Waiver of the Requirement to File a Joint Petition" section...

Quote

 

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

• Your deportation or removal would result in extreme hardship
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

Note: Refer to Form I-751 for more specific information on waivers

 

Unfortunately, the OP has no control over this because the OP can NOT prevent the immigrant from filing for ROC or the waiver. If those things are filed, the immigrant will be covered no matter how ling the OP delays the divorce.

 

So to reiterate, once the immigrant spouse FILES for ROC, they will get an extension for their 2 year card like everyone else has. And  as long as they have the items listed for the divorce waiver, they will be covered until the divorce is completed.

 

 

Edited March 1, 2020 by Unlockable

[Mike E 11,739]

3 minutes ago, Unlockable said:

An immigrant can file for ROC even if they are not completely divorced. In fact, a divorce does not even have to be filed. They can simply be legally separated. It says so right on the official ROC page on the Immigration website...

 

Thanks for the details. 

So don’t be legally separated 

Indeed don’t even file for divorce. 
 

Just don’t sign the joint petition. 
 

No divorce proceedings, no RFE. 
 

Now the beneficiary has just two waiver classes: hardship and abuse.  Good luck. 
 

If someone from USCIS or ICE asks OP why she isn’t jointly filing the I-751 she can say it is because she is too busy getting her STD panel of tests because her husband is sexing with other women. 

 

 

 

 

3 minutes ago, Unlockable said:

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Quote under the "If You Are In Divorce Proceedings But Are Not Yet Divorced"...

Also, removal from the US is not immediate. All the immigrant has to do is prove the marriage was entered into in good faith.

Quoted under the "How to Get a Waiver of the Requirement to File a Joint Petition" section...

Unfortunately, the OP has no control over this because the OP can NOT prevent the immigrant from filing for ROC or the waiver. If those things are filed, the immigrant will be covered no matter how ling the OP delays the divorce.

 

 

Removal is not immediate but absent a divorce, or other approved  waiver it is inevitable.  
 

At any rate my advice to OP to seek legal advice still stands. She holds more cards.  

[Lemonslice 4,838]

12 minutes ago, Mike E said:

 

Thanks for the details. 

So don’t be legally separated 

Indeed don’t even file for divorce. 
 

Just don’t sign the joint petition. 
 

No divorce proceedings, no RFE. 
 

Now the beneficiary has just two waiver classes: hardship and abuse.  Good luck. 
 

If someone from USCIS or ICE asks OP why she isn’t jointly filing the I-751 she can say it is because she is too busy getting her STD panel of tests because her husband is sexing with other women. 

 

 

 

 

Removal is not immediate but absent a divorce, or other approved  waiver it is inevitable.  
 

At any rate my advice to OP to seek legal advice still stands. She holds more cards.  

You're missing the fact that the immigrant can file for divorce. 

[Quarknase 1,072]

The only options that the petitioner can really control is, if they want to file for the joint removal of conditions (which I assume they don't) and if they want to file for divorce to get this cheater out of their life.

Notable here is, that the Beneficiary has the same right to file for divorce, so the beneficiary can only control if THEY want to file, or if they want to wait until beneficiary files (assuming they will).

Delaying a divorce to get the beneficiary deported is not a thing. Immigrants are not a package that can be sent back if the product is not as expected, and they are being protected from being treated that way. I understand that this can be frustrating in cases like these, but imagine how many salty petitioners would opt for this to no fault of the beneficiary if that option would exist...

 

 

[Mike E 11,739]

28 minutes ago, Lemonslice said:

You're missing the fact that the immigrant can file for divorce. 

I regret that the implications of my posts are not clear.  
 

Actually I am not forgetting that. As a divorcee myself I am well aware of all this. 
 

If OP’s husband were as crafty as y’all think he is, he would have filed for divorce and the I-751 the moment he got the notice that the green card was in production.  
 

Apparently that hasn’t happened.  Apparently he isn’t that crafty. 
 

OP just needs to sit tight for a couple years. 

Edited March 1, 2020 by Mike E

[Lemonslice 4,838]

1 minute ago, Mike E said:

I regret that the implications of my posts are not clear.  
 

Actually I am not forgetting that. As a divorcee myself I am well aware of all this. 
 

If OP’s husband were as crafty as y’all think he is, he would have filed for divorce and the I-751 the moment he got the notice that the green card was in production.  
 

Apparently that hasn’t happened.  
 

OP just needs to sit tight for a couple years. 

Even if OP tries to time their action to "sabotage" the removal of conditions, the immigrant can file again.  I'm not sure why you would pretend it's that easy and provide false hope.

If OP is unhappy in this marriage, best solution is to divorce and move on.  Life is short, why lose years being unhappy?