Complicated situation

R

riseabove

New Member
Hi,

My best friend in the USA (actually pretty much my only friend in the USA) is a conditional permanent resident like me. He is almost a year down the line from me and him and his wife have very recently moved apart. Same town but not together as they were arguing alot and he believes his wife was seeing someone else. He is the type of person who rarely looks at anything pessimistically. His wife has asked him for a divorce. They would not file for removal of conditions for another 6 months or so. He said to me just yesterday that he is happy to give her a divorce and believes he will still get his full ten year residency because he is now a business owner. he even said he will file taxes this year on his own.I have told him that he is walking a dangerous line but an attorney has told him will not be turned away from the USA when he has business interest here. His words where 'what can they do make me sell it'? jokingly he thinks as he is a succesful contributing business owner he will be judged on those merits as opposed to his marriage.

I believe both he and his attorney are wrong and im hoping to print out this thread when discussed for him to read as i believ some of the people on here have better advice than his legal guy. Incidentally his legal guy is also his accountant and tax person and i believe his knowledge on this matter to be somewhat jaded.

Maybe im wrong and he is right?

Thanks
 
riseabove said:
Hi,

My best friend in the USA (actually pretty much my only friend in the USA) is a conditional permanent resident like me. He is almost a year down the line from me and him and his wife have very recently moved apart. Same town but not together as they were arguing alot and he believes his wife was seeing someone else. He is the type of person who rarely looks at anything pessimistically. His wife has asked him for a divorce. They would not file for removal of conditions for another 6 months or so. He said to me just yesterday that he is happy to give her a divorce and believes he will still get his full ten year residency because he is now a business owner. he even said he will file taxes this year on his own.I have told him that he is walking a dangerous line but an attorney has told him will not be turned away from the USA when he has business interest here. His words where 'what can they do make me sell it'? jokingly he thinks as he is a succesful contributing business owner he will be judged on those merits as opposed to his marriage.

I believe both he and his attorney are wrong and im hoping to print out this thread when discussed for him to read as i believ some of the people on here have better advice than his legal guy. Incidentally his legal guy is also his accountant and tax person and i believe his knowledge on this matter to be somewhat jaded.

Maybe im wrong and he is right?

Thanks
Click to expand...

you are right. he should get a new attorney, offer that woman a little more divorce settlement and be super nice to her and pray to god that she agrees to it.

Good luck to your friend, its a shitty situation.
 
riseabove said:
Hi,

My best friend in the USA (actually pretty much my only friend in the USA) is a conditional permanent resident like me. He is almost a year down the line from me and him and his wife have very recently moved apart. Same town but not together as they were arguing alot and he believes his wife was seeing someone else. He is the type of person who rarely looks at anything pessimistically. His wife has asked him for a divorce. They would not file for removal of conditions for another 6 months or so. He said to me just yesterday that he is happy to give her a divorce and believes he will still get his full ten year residency because he is now a business owner. he even said he will file taxes this year on his own.I have told him that he is walking a dangerous line but an attorney has told him will not be turned away from the USA when he has business interest here. His words where 'what can they do make me sell it'? jokingly he thinks as he is a succesful contributing business owner he will be judged on those merits as opposed to his marriage.

I believe both he and his attorney are wrong and im hoping to print out this thread when discussed for him to read as i believ some of the people on here have better advice than his legal guy. Incidentally his legal guy is also his accountant and tax person and i believe his knowledge on this matter to be somewhat jaded.

Maybe im wrong and he is right?

Thanks
Click to expand...


J,

I concur with your assessment of the situation. The OP's business does not confer a legal avenue for a greencard. He should remember this simple, salient point: greencard was issued under a family-based category. :confused:

I will be curious to find out when his business gave birth to this family-based greencard? :cool: The lawyer he has is looking for a quick $$$, after all he know that he is a business owner. He's going to charge him $10,000 to help him file for removal of condition on his own, claiming he's a business owner who had good intentions and didn't marry for gc. We all know USCIS is good at busting balls...and your friend is about to find out in a mighty big way... "bald and balls-less" :eek:

You should advise him to save all his money, because in a year and half, he might be on a plane to his home country. USCIS doesn't have to force him to sell his business, their deportation notice should suffice. Any sane and reasonable person should make a determination that he should sell his business before being run over by a speed train....:D Guess what... if he doesn't sell his business, then he's going to lose it and all assets.

He is threading a dangerous line, which is going to swallow him...:o
 
I agree with Al South...

The Green Card he obtained has NOTHING to do with him being a business owner... he obtained it because he married an US Citizen.

He can, however, remove those conditions (i-751) on his own, with enough evidence that the marriage was entered in good faith. And he does not need a $ 10,000 lawyer for that.

He should be more concerned in working to save his marriage though, than thinking he will be fine "because he owns this or that".
 
I agree with Prae and Al. Your friend is mistaken in his beliefs. His so called "legal guy" is wrong.
 
the removal of conditions upon his GC will be granted based solely on his bonafide marriage evidence... nothing more, nothing less than that.

he should first try to settle things within his marriage. You always have to work things out in a relationship. You have to give it some time. It's not a good to divorce at the very first dispute or problem... all relationships need time and must be worked out on if you want them to succeed...

Tell your friend to forget about immigration status for a while. He has to try to save his marriage first.

However, if divorce is inevitable, he can apply for I-751 on the basis of a divorce waiver, but he must have sufficient evidence that his marriage is/was bonafide.... this application has nothing to do with his business/job status!, not at all!!
 
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