I still think that he didn't deserve it

[HOPE 0]

Hello everybody! And thanks that all of you are around all the time.

Since 2004 passed 2 years that I marride to morocan guy and gave him temperary green card.

In 2005 he been in deportation. But I got him back(he asked that) giving him another chance to be toghether. But after 1 month I again realized that he is with me not for me.

I moved out from my home. He still leaves in my place, we are not toghether almost 1.5 year. He pays rent because it is mobil home.

Just recently he asked me to joint again together telling me that he understood his mistakes. But I think it is enough from me. And also he asked me to file I-765. I told him: you didn't deserve it. He never support me sending money to his country and lieing, hiding everything from me and may be cheating. I don't know.

I came to the point I don't beleive him and told him: I don't want to live with you. I asked him move out from home and he is refusing to do that.

His temporary green card expires in December 2006. I will not file I-765 for him. We needed to file in September 2006.

My Q-n what we can expect? And do I need to send any papers to immigration?( I am in another country since I moved from home) telling them that I am refusing to give him any papers? We are not divorced. And where I have to send? We filed all papers in CA. Thanks for your time.

[YuAndDan 153]

Hello everybody! And thanks that all of you are around all the time.

Since 2004 passed 2 years that I marride to morocan guy and gave him temperary green card.

In 2005 he been in deportation. But I got him back(he asked that) giving him another chance to be toghether. But after 1 month I again realized that he is with me not for me.

I moved out from my home. He still leaves in my place, we are not toghether almost 1.5 year. He pays rent because it is mobil home.

Just recently he asked me to joint again together telling me that he understood his mistakes. But I think it is enough from me. And also he asked me to file I-765. I told him: you didn't deserve it. He never support me sending money to his country and lieing, hiding everything from me and may be cheating. I don't know.

I came to the point I don't beleive him and told him: I don't want to live with you. I asked him move out from home and he is refusing to do that.

His temporary green card expires in December 2006. I will not file I-765 for him. We needed to file in September 2006.

My Q-n what we can expect? And do I need to send any papers to immigration?( I am in another country since I moved from home) telling them that I am refusing to give him any papers? We are not divorced. And where I have to send? We filed all papers in CA. Thanks for your time.

An LPR cannot file to lift conditions separately unless they are divorced, if only separated, they need to file jointly to remove the conditions with a few exceptions, and that is where you get the leverage.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

You already let him go, don't enable him to remain by helping to lift the conditions on the green-card. He will become out of status, and deportable.

I would contact INS, ICE and document this.

Edited December 5, 2006 by YuAndDan

[HOPE 0]

Hello everybody! And thanks that all of you are around all the time.

Since 2004 passed 2 years that I marride to morocan guy and gave him temperary green card.

In 2005 he been in deportation. But I got him back(he asked that) giving him another chance to be toghether. But after 1 month I again realized that he is with me not for me.

I moved out from my home. He still leaves in my place, we are not toghether almost 1.5 year. He pays rent because it is mobil home.

Just recently he asked me to joint again together telling me that he understood his mistakes. But I think it is enough from me. And also he asked me to file I-765. I told him: you didn't deserve it. He never support me sending money to his country and lieing, hiding everything from me and may be cheating. I don't know.

I came to the point I don't beleive him and told him: I don't want to live with you. I asked him move out from home and he is refusing to do that.

His temporary green card expires in December 2006. I will not file I-765 for him. We needed to file in September 2006.

My Q-n what we can expect? And do I need to send any papers to immigration?( I am in another country since I moved from home) telling them that I am refusing to give him any papers? We are not divorced. And where I have to send? We filed all papers in CA. Thanks for your time.

An LPR cannot file to lift conditions separately unless they are divorced, if only separated, they need to file jointly to remove the conditions with a few exceptions, and that is where you get the leverage.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

You already let him go, don't enable him to remain by helping to lift the conditions on the green-card. He will become out of status, and deportable.

I would contact INS, ICE and document this.

oh, how? I even don't know the case number.

[YuAndDan 153]

Something I read on another board.

I agree with donahso, This situation occured with my ex-russian wife, she wanted a divorce only after being in the US for 1 year, she left and moved in with a old russian boy friend I wrote the INS explaining my situation and they made my letter part of the adjustment record. I never filed for removal of conditions. 6 months after the removeal of conditions was due I received a letter from the INS saying that my wife was out of satatus. She later went to the INS office to try to change her status and they told her she had to have me to fix this problem. She lost her job then her drivers license, then she found work as a waitress and then she didnt have any money to fight any more. she returned to Russia then I filed for divorce in absentia in Florida. It took a wile however in the end she paid for her bad behavior.

I am not a lawyer, however I would never cop to something I didnt do no matter what the cost.

Everything you have done in good faith then I would put the responsibility on her to prove you where guilty. I would save my money. Consult with a good Immigration lawyer and form a plan to get through this.

She needs you to get her conditions removed. (this is why they put this program in place). She has to prove you abused her. For this she needs proof to convince a judge. So if you are innicent I would make this her problem. Layers dont work for free. ( most of the time)

so maybe you can just delay and wait her out.

http://candleforlove.com/forums/index.php?...c=21425&hl=

oh, how? I even don't know the case number.

They should be able to pull it up with your name and SS number, since you sponsored him. Edited December 5, 2006 by YuAndDan

[HOPE 0]

Can I do that by myself from here? Where I have to call?

[HOPE 0]

YuAndDan! Please, explain to me, do I need to report to INS that I am refusing to give him green card? Or if I better not file and that is all.

And tell me please, how u wanna help me?

Thanks.

[diadromous mermaid 36]

YuAndDan! Please, explain to me, do I need to report to INS that I am refusing to give him green card? Or if I better not file and that is all.

And tell me please, how u wanna help me?

Thanks.

Technically, you don't give him a green card. You would endorse a form that states that the marriage was/is viable and not solely for immigration benefit. USCIS would then make a determination besed upon the evidences presented, if he should receive a green card without conditions. He has been afforded a conditional green card, and removal of conditions is required before the deadline. If you are still married, you can refuse to file with him, in the event that you believe that his intent was not bona fide, but doing so, without providing information to USCIS as to the reason for your belief, may play into any option he could have available (namely self-petitioning as an abused spouse). Yes, abuse can be alleged of a USC for withholding a signature to permit an alien spouse to secure permanent residency.

That being said, you have to decide whether you wish to continue this marriage or not. If you choose not to end it, it can make a report of fraud invalid, by default. As USCIS could opine that if the marriage was fraudulent why would a USC remain associated with the alien. Further, if he is living in your home, titled solely in your name and paying rent, that can and could be used by him to support the bona fide nature of your marriage. Have you filed and I-865 Sponsor's Change of Address with USCIS since you relocated? It might serve you well to do so, as documentation of the fact that you are separated.

The alien's A number is all that is required to make any official report to USCIS. If you can't remember it, it will be featured on the forms submitted for AOS. If you wish to report this as a fraudulent act on the part of your husband, be sure to document the circumstances, factually, without emotion, in a chronological format, and accompany any correspondence you submit to ICE, USCIS Service Centre over your jurisdiction and the local office (all three advised) with evidence in written form that leads you to believe you were deceived into marriage for the alien's immigration purposes only.

[HOPE 0]

We needed to apply in September 2006, right now is December. Did we pass deadline for applying?

I was abused by him that why I reported him to the INS. And he already been in deportation. But I took him back beleiving that he changed. Can INS give him permision so easy to remove his conditions?

No, I didn't file I-865.

What happens if I will no file anything? Just sit and wait what is gonna be?

Thanks.

[diadromous mermaid 36]

We needed to apply in September 2006, right now is December. Did we pass deadline for applying?

I was abused by him that why I reported him to the INS. And he already been in deportation. But I took him back beleiving that he changed. Can INS give him permision so easy to remove his conditions?

No, I didn't file I-865.

What happens if I will no file anything? Just sit and wait what is gonna be?

Thanks.

If the 90 day window to apply to remove conditions commenced in September 2006, then that window closes in December (to be considered a timely filing). Since it is already December, unless you share what date his conditional card expires, no one can tell you if the deadline has passed already. However, one can file an untimely (late) application. The acceptance of a late filing is discretionary, and the alien would need to offer a reasonable excuse for doing so.

USCIS may remove the conditions from your husband's residency if they determine that evidence that is provided by you is sufficient to demonstrate that his intent when entering the marriage was bona fide. If you once reported to USCIS that you questioned his intent, depending upon what you shared and how compelling it was in the eyes of USCIS, he may or may not be successful in removing conditions. Frankly, though this is conjecture on my part, if there was no follow up to an earlier report, then chances are no conclusion of fraud was made. It would not be surprising to me if the USCIS Service Centre forwarded the I-751 file to the local office in order for an AO to call you in for an interview prior to arriving at a decision on the I-751.

If either of you have moved since filing the last petition, then you should follow up with a Change of Address form (AR-11 for the alien, I-865 for the US citizen petitioner).

If you do not agree to sign a joint application with your alien husband to remove conditions, then he will be unable to self-petition until he has a divorce decree in hand, or until he could formulate a reason to qualify for a hardship waiver. As I had said earlier, lack of co-operation on the part of the USC in removing conditions can constitute grounds for an alien to self-petition.

In the event that you do choose to sign a joint petition with your alien husband, and later divorce prior to adjudication of the jointly filed I-751, you could withdraw the joint petition, (he would be required to replace it with a waiver on the basis that the marriage terminated in the itnerim).

What, exactly, are you wishing to accomplish by not filing with him? Rather than refusing to participate in the removal of conditions stage with him, why not make a decision as to whether this marriage is to prevail or end?

[HOPE 0]

thank u for answering me. I'll think what to do. Good luck!