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  #1  
Old 17th August 2004, 02:36 AM
imagineins imagineins is offline
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Marriage & Then Divorce...how can I revoke my petition

I posted on this board quite awhile back wondering about how long it would take to get my wife's greencard. It has become evident to me lately that my wife only cares about that.

I discovered that shortly after we were married in 2003 she had an affair. I confronted her and offered to work through it but she just recoiled and lied to me more.

The police got involved when one night she attacked me and stabbed me 3 times with a key and then further scratched, choked, and punched me. The police did not seem to believe me I mean she called to file the report. The truth is I never hit or hurt her ever. I have known her for 6 years and love her deeply, but sadly only know I see what here intentions are.

I filed for an at fault divorce based on adultery here in texas and I also believe she did not enter into marriage in good faith. The cheating gave that away and several notes I found dated just weeks after we were married.

She turned around and file a protective order against me though I swear to god I never did her any harm it was she that hurt me and the police even have my wounds on film. She had none because I never hurt her.

So here I am now in less than 2 days i have to go to the hearing for the protective order and prove my innocence to the judge. She is doing this because she talked to an abusive shelter and she wants to maintain her greencard status even if the divorce goes through. She wants to keep the card.

I have a lot of proof against her. Including the fact I filed for divorce then she filed for protective order which wasn't needed.

I tried to reconcile with her so many times but she would have nothing to do with it and wanted to act and pretend to be single. For all I know she has been out of the house since July 14th. She is most likely sleeping with some other guy.

How can I revoke my petition and lets say the judge rules in favor of me on wednesday. My wife is going to turn arond and be nice to me and act like nothing happened. How can I report the fact that I entered into the marriage on good faith she did not. I have proof that she cheated.

If we get divorced how can I make sure she does not maintain her greencard. This woman lied to me and it's not fair. That would mean her status would change as well and most likely be deported, and loose her job. Is this correct?

Last edited by imagineins; 17th August 2004 at 02:38 AM.
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  #2  
Old 17th August 2004, 05:40 AM
usnycus usnycus is offline
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Are you USC?
What's her current status?

Please clarify if she already got her conditional greencard or is she still waiting for one.
__________________

Location: Garden City, NY
07/21/2009 (Day 001) : Mailed N-400
07/24/2009 (Day 003) : ND/Application Received
07/27/2009 (Day 006) : Check Cashed, NOA Date
07/31/2009 (Day 010) : NOA Received
08/04/2009 (Day 014) : FP ND
08/07/2009 (Day 017) : FP Notice Received
08/13/2009 (Day 023) : LUD - RFE
08/18/2009 (Day 028) : FP Scheduled/Done
09/21/2009 (Day 062) : YL Date
09/25/2009 (Day 066) : YL Received
11/07/2009 (Day 109) : LUD - sent for interview
11/19/2009 (Day 121) : Waiting for IL
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  #3  
Old 17th August 2004, 09:51 AM
imagineins imagineins is offline
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She already has her conditional greencard she recieveed it about 2 months ago. we have only been married for 1 yr and 2 months. I am the us citizen my wife is the foriegner.
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  #4  
Old 17th August 2004, 10:28 AM
usnycus usnycus is offline
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If she already got her conditional GC then nothing much you can do about that. Basically you need to proof that marriage was based on GC and cases like this are emotionally very painful to go through. I would suggest you to avoid any/all contact and make sure you don't get into any trouble.

But, she needs you to remove the condition on her GC. And most probably she is also aware of the scenario. Just be careful because she needs to remove the condition and only way she can get that done without your cooperation is by showing/projecting her as a victim of domestic violence. I won’t suggest you to do anything that can make your life any more complicated.
__________________

Location: Garden City, NY
07/21/2009 (Day 001) : Mailed N-400
07/24/2009 (Day 003) : ND/Application Received
07/27/2009 (Day 006) : Check Cashed, NOA Date
07/31/2009 (Day 010) : NOA Received
08/04/2009 (Day 014) : FP ND
08/07/2009 (Day 017) : FP Notice Received
08/13/2009 (Day 023) : LUD - RFE
08/18/2009 (Day 028) : FP Scheduled/Done
09/21/2009 (Day 062) : YL Date
09/25/2009 (Day 066) : YL Received
11/07/2009 (Day 109) : LUD - sent for interview
11/19/2009 (Day 121) : Waiting for IL

Last edited by usnycus; 17th August 2004 at 10:38 AM.
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  #5  
Old 17th August 2004, 10:30 AM
rafiq123abc rafiq123abc is offline
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Posts: 18
sorry for u

i feel really sad and sorry for you. i hope and wish you will come out great soon. you will be better off without discussing such very personal matter in this forum. you should discuss this only with your close friends and relatives. im sorry if i hurt you by this reply.
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  #6  
Old 17th August 2004, 11:09 AM
usnycus usnycus is offline
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Addition:

If you have already started divorce proceeding, she might not be able to apply for waiver of the requirement to file a joint petition to remove condition on her conditional GC.

Check following link:
http://uscis.gov/graphics/lawsregs/h...iver041003.pdf
__________________

Location: Garden City, NY
07/21/2009 (Day 001) : Mailed N-400
07/24/2009 (Day 003) : ND/Application Received
07/27/2009 (Day 006) : Check Cashed, NOA Date
07/31/2009 (Day 010) : NOA Received
08/04/2009 (Day 014) : FP ND
08/07/2009 (Day 017) : FP Notice Received
08/13/2009 (Day 023) : LUD - RFE
08/18/2009 (Day 028) : FP Scheduled/Done
09/21/2009 (Day 062) : YL Date
09/25/2009 (Day 066) : YL Received
11/07/2009 (Day 109) : LUD - sent for interview
11/19/2009 (Day 121) : Waiting for IL
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  #7  
Old 17th August 2004, 11:40 AM
imagineins imagineins is offline
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Obviously i am hurt and i surrounded my life around her so I really have no one to talk to. I did start the divorce proceedings before she filed the protective order.

Thanks for the advice, but I will not let someone lie and cheat there way to a greencard. I will fight her on this despite my love.
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  #8  
Old 17th August 2004, 11:52 AM
usnycus usnycus is offline
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Looks like you are very motivated. And if that's the case, talk to lawyers.

Forum might not be that helpful in circumstances you are facing.
__________________

Location: Garden City, NY
07/21/2009 (Day 001) : Mailed N-400
07/24/2009 (Day 003) : ND/Application Received
07/27/2009 (Day 006) : Check Cashed, NOA Date
07/31/2009 (Day 010) : NOA Received
08/04/2009 (Day 014) : FP ND
08/07/2009 (Day 017) : FP Notice Received
08/13/2009 (Day 023) : LUD - RFE
08/18/2009 (Day 028) : FP Scheduled/Done
09/21/2009 (Day 062) : YL Date
09/25/2009 (Day 066) : YL Received
11/07/2009 (Day 109) : LUD - sent for interview
11/19/2009 (Day 121) : Waiting for IL
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  #9  
Old 17th August 2004, 12:52 PM
Jim Mills Jim Mills is offline
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Join Date: May 2002
Location: Venice, Florida
Posts: 2,101
Quote:
Originally Posted by usnycus
Addition:

If you have already started divorce proceeding, she might not be able to apply for waiver of the requirement to file a joint petition to remove condition on her conditional GC.

Check following link:
http://uscis.gov/graphics/lawsregs/h...iver041003.pdf
Actually, when the divorce is final she can file a petition to remove conditions based on a good faith marriage that ended in divorce.
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Tel: (941) 323-3711
jdmillsesq06@gmail.com
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  #10  
Old 17th August 2004, 12:54 PM
usnycus usnycus is offline
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Jim,

You are right. Failed to add that.
__________________

Location: Garden City, NY
07/21/2009 (Day 001) : Mailed N-400
07/24/2009 (Day 003) : ND/Application Received
07/27/2009 (Day 006) : Check Cashed, NOA Date
07/31/2009 (Day 010) : NOA Received
08/04/2009 (Day 014) : FP ND
08/07/2009 (Day 017) : FP Notice Received
08/13/2009 (Day 023) : LUD - RFE
08/18/2009 (Day 028) : FP Scheduled/Done
09/21/2009 (Day 062) : YL Date
09/25/2009 (Day 066) : YL Received
11/07/2009 (Day 109) : LUD - sent for interview
11/19/2009 (Day 121) : Waiting for IL
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