Divorce while on conditional green card.

I agree that it is extremely important when one is 'adjusting status based on marriage petition to demonstrate that marriage is legit' but once person has conditional green card, doesn't that say that USCIS deemed the marriage as a 'real marriage' at that junction?:confused: Although USCIS has a lot of 'control' so to speak about our lives, they do not have ALL POWER. !!!!:eek:

When one becomes a 'conditional permanent resident', don't they have now within reach certain rights that we in the US proclaim as our creed. Conditional residents have as much right to determine their personal lives as an American citizen. How many US spouses work in different states for better pay? My own brother drives trucks. He is away for weeks at a time traveling all over the states. He takes care of his family. Every so often he can spend a complete week with them before he hits the road again. Just because Obj... wants to better his life and work hard for a living (not to mention a honest living) and even bring his wife into a better financial status does not mean that he isn't committed to this marriage. It is the US wife who refuses to embrace change and unwilling to sacrifice her means of security to support him. It is not up to USCIS to determine where and how this family should live, it is their choice. I believe he has the right to choose without having to have held over his held his right to be in the US. He certainly is willing to carry the responsibility of a family.

I am baffled at the wife by her actions!! Obj.. stated in his original post that when he got his EAD, he was not able to find a job there. I have another friend who is in the process of adjusting status. He too was not able to find employment in the city they lived, so they decided to relocate to another state and now an opportunity has opened up for him. Believe me when I say the biggest problem for them was? Can you guess? $$$$$$ She was willing to move to work that out.

It is about sacrifice. NOT USCIS!!!!!!
 
Found this discussion about spotting fraudulent marriages in the USCIS Adjudicators Handbook. It pertains specifically to I-751 removal of conditions, but probably applicable to any situation where USCIS has to look at the legitimacy of a marriage.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d286150e2

(2) Assigning Fraud Levels . [Section (g)(2) updated 06-20-2006] If an interview is deemed necessary, the case is sent to the Service Center's Adjudications Unit and given to an adjudicator to assign a fraud level. The fraud levels of A, B, and C are assigned to the I-751 based on the documentation submitted with the application. If the adjudicator is fully satisfied that the case is approvable, then a fraud level of C is assigned. If the adjudicator is less than fully satisfied, but still feels that (based on the information available at the time) the case can be approved, then a fraud level of B is assigned. If the adjudicator has serious concerns about the approvability of the case and/or wants the applicant and the spouse to be interviewed, then the case would be assign ed a fraud level of A.


· Reasons for Assigning Fraud Level C. If you assign a fraud level C, it means that there are no technical problems (signatures, missing information, lack of evidence, etc.) and you think the case is approvable (no interview necessary). All required supporting documents are attached and there is no indication of fraud that can be identified in the documents or through the biographic data of the parties involved.


· Reasons for Assigning Fraud Level B. Fraud level B cases are those cases which have no technical problems that need correction and have the minimum number of proper supporting documents, but there is something, or an absence of something (which you may or may not be able to articulate) that creates suspicion about the bona fides of the marriage, the veracity of the evidence, etc. The reasons for suspicion are so varied that a concise list cannot be made. An example would be where the I-751 is supported by t he minimum required number of documents, however the documents are all of recent origin. Remember, though, that a level B case will be approved if the computer randomly does not assign the case to an interview slot, so do not assign a fraud level B if the application and /or supporting documents are insufficient to approve the case.


· Reasons for Assigning Fraud Level A. Fraud level A should be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:


- the petitioner fails to sign the form;
- there is insufficient evidence;
- a large age difference exists between the spouses;
- the married couple is not living together;
- a prior I-751 was denied;
- the petition was filed untimely without a good reason for being late; or
- any other reasons as the service center director may determine.
​

As you can see, "not living together" is right there as one of the red flag items.
 
U a douche-bag... or not gas-bag...

:D
Elfy said:
So what's the solution? Have one spouse sacrifice his/her career forever, preferably the woman?

Or have both compromise so they can live in the same state so nobody's happy with their own professional achievement?

Ever heard of tenure-track positions in academia? Have any idea how hard they are to get? Or medical residencies? You go where the Match tells you to go. And you're happy you matched at all.

What about those F-1, J-1 and H-1B people who come here on highly specialized visas and continue in their highly specialized occupations? Are they supposed to downgrade to menial work only in order to stay in the same state?

Let's wake up and smell the coffee. There are many ways of becoming legitimate, productive American citizens. The success of any marriage is communication. It's up to any given couple how they establish it. Living in the same state is preferred by USCIS, but not mandatory. There are a myriad ways to establish a successful marriage in a high-tech century. There is no shame in following one's professional dreams as a woman - or as a man.
Click to expand...



Elfy,

Get your brain out of your greasy butt and stop writing nonsensical crap.:rolleyes: My opinion and counsel to him was to consider what is in the best interest of his family, not his own professional job at this present moment. His wife is dependent on govt hand-outs and seems interested in retaining these hand-outs, from the post by Obajego. In his post, it is clear that his wife gave him an ultimatum about his leaving his job or she will cause problems for him during removal of conditions. Who knows what she will do? Oh... maybe you are a mind reader and knows what is in his wife's mind.:rolleyes:

Unfortunately, I never heard of tenured positions in academia or medical residencies. After all, after a year in medical school, who cares what a residency is or after publishing in professional journals, who cares how one attains tenureship? Oh...especially for scholarstic achievements and publication excellence. Who do hell do you think I am, an educated self-enthralled egotistical douche bag like yourself?:mad: Those who come here on specialized visas and marry US citizens, are unlikely to marry people who are social security benefits (ratio 2 out of 100 immigrants). I came here on a J1 visa and went to the most expensive school in the nation, do you know which school is that? Mr. smarty? :eek: No offense to people on social security benefits....

It is best for Oba to find a job in his state or drive to work everyday, so that he minimizes any issue which might arise during his removal of conditions. I've offered Oba some advise in the past, and where the in satan's glowing hell where you:cool: If you want to experiement with choosing your professional life over your wife, then do it on your own, don't use other people as your
guinea pigs....;)

Communication is important in any spectrum of life, and it is apparent that his wife communicated to him her preference about their life-styles or so. The key is that Oba doesn't like what his wife expressed to him, hence he is asking for advise and ideas on this board. It appears to me that they don't have communication problems, but rather their goals and objectives as far as their family future is going are unclear or non-existent.

For Oba to be working in Indiana has been better for his family (medical insurance for everyone in his family), which is a traits of a committed husband. What is a challenge is communicating his vision and the importance of this job to his wife, and for her to see it from his stand point. Coffee has been brewing for ages, it is a pity that you are now getting to smell it. What a shame? Where your nostrils blocked by dog crap? :D Stop being a gas-bag ;)
 
Those who come here on specialized visas and marry US citizens, are unlikely to marry people who are social security benefits (ratio 2 out of 100 immigrants).

True

It is best for Oba to find a job in his state or drive to work everyday, so that he minimizes any issue which might arise during his removal of conditions.

I don't think if a job was available where they lived, he would have taken the job out of state. I don't understand all this. My sisters father lived in Philadelphia, he rode the train to New Jersey for 25 years. Even though he came home each night for 6 hours, he never was with the family but he could say he lived in the same house all those years. The wife and child would be sleep when he came and when he left. He only had days off and weekends to be there for them. So is it so wrong for a conditional resident to work out of state. I am sure USCIS knows how to spot a fradulent marriage and I don't think a man who would carry insurance for wife and 3 stepchildren is trying to get over on them. I think he is holding his own and being a better man than most. Everyone seems to be saying if you don't come home every night you are a fraud and you won't get permanent residence. Maybe all the things that he does do will be evidence of bona fide marriage and his role as the breadwinner for this family. :rolleyes:


For Oba to be working in Indiana has been better for his family (medical insurance for everyone in his family), which is a traits of a committed husband.

You think USCIS might disagree and say it means nothing?:eek:

Not disputing you Al, just trying to build on what you said.
 
Newshaw.. I agree

NeShawn,

I understand your view points. :cool: My frustration stems from Elfy's contention that Oba becomes big-headed and try the patience of his wife with their current living arrangements. I know that he couldn't find a job in his state, hence he took this one in Indiana. Personally, if I was adjudicating their case, I would listen to their story to understand his pressures (to find a job and support his family). Being a man who has to support my family, I will approve his I-751 based on his need to be a responsible citizen and a upstanding guy in a society full of jerks. However, since I am not an officer with USCIS, and those people wield too much power to destroy your life by denying your case for an innocuous reason, he's better served to find alternatives to rectify his situation, as his wife demands or wishes.


I agree with you that he is an committed husband who isn't in this for fraudalent reasons. However, you and I view it from the perspective as immigrants, but USCIS officer views it with suspicion and will cause problems for them. With his wife threatening to cause hell for him with this process, he's better served to convince or show the importance of his new job to his wife. Unless his wife wants to be on hand-outs for the rest of their life:rolleyes: she ought to understand that Oba is providing for the welfare of their family. What more else can he do? :(
 
For Al Southner:

I don’t remember addressing you personal insults, and the language you use with regard to other users is no concern of mine as I am not a moderator of this forum.

For myredskins:

The message of my post was to advocate diversity, not to convince you to accept it.

If you don’t believe you deserve this or that in life in exchange for hard work and dedication, the only comment I have is that any person is only worth as much as his or her self-esteem.

For Obajego:

Good luck in your decision whatever it is.
 
Elfy said:
For Al Southner:

I don’t remember addressing you personal insults, and the language you use with regard to other users is no concern of mine as I am not a moderator of this forum.
Click to expand...

Didn't you know? that's his trademark...

ps: Look at the top of the page under Disclaimer...

NOTE: Please do not post any negative comments or remarks about any person or organization. Failure to follow these instructions would be considered a consent for immigrationportal.com to share your login information, your IP address and other details with the aggrieved party.
 
Last edited by a moderator:
Divorce while on conditional green card

hi folks, i want to thank everyone for ur input as this topic has drawn lots of attention. once again i thank you all for ur concern. At this time, i have handed this problem to God who is the master of us all. my faith in God has never for once let me down an i know he will not let me down at this time. He knows how to reslove this issue and i am waiting on the lord for his decision. i will keep the forum updated as this issue progresses. am grateful and God bless.

obajego
 
As a mother and wife I have to wonder how your marriage will suffer even if you quit our job if she is so unwilling to make sacrifices also. Marriage is about sacrifices and 2 people, not 1. I don't know the answer to your problem, but it seems to me you need to do what's right and best for you by talking to a lawyer about this, or else moving home to her state and take the consequences it will cause emotionally. Then again I am only talking about how it would effect me if I was in that situation, I think I'd have a lot of resentment. I don't know the legal point of view though but the fact you are not sure what to do says the only reason you'd move back is to get what you need to stay. So you need you talk to a lawyer if you are not sure.
 
The best approach thus far. :) Ob... you seem like you are 'one in a million' in more ways than one. Fight the good fight of faith.I think things are in your favor!!! ;)
 
Divorce while on conditional green card

Thanks everyone for your inputs. i noticed this issue dreww a lot of attention, other poeple who are in the same situation will lern from it and any new findings or research is still very welcome.
 
You must log in or register to reply here.
Top