Divorce after filing I-751 jointly. Chances to be denied???

jenny375

New Member
I and my husband got married in 2004. I received conditional GC in April 2006, so in March we filed our I-751 jointly to remove the conditions and the case obviously has been pending since. Now I suspect my husband is not faithful and things are falling apart. I don't think we can stay together any longer and I’m really considering filing for divorce within a few months. As far as I know, in such case I will have to re-file a new I-751 with the waiver after divorce is final (which will take about 4 months). Unfortunately, I have seen a few cases here that show that apparently immigration officials are checking with the courts who are filing for divorce. And now on top of the upcoming divorce my concern is what might happen with my immigration status before I get divorce decree and re-file the form (even then there’re might be some complications with getting 10 years extension…:(). What are the chances that immigration finds out about divorce procedure before it's complete…:confused:If somebody has a similar experience please share. Any advice will be highly appreciated.
 
This is what you should do if u ask me

I and my husband got married in 2004. I received conditional GC in April 2006, so in March we filed our I-751 jointly to remove the conditions and the case obviously has been pending since. Now I suspect my husband is not faithful and things are falling apart. I don't think we can stay together any longer and I’m really considering filing for divorce within a few months. As far as I know, in such case I will have to re-file a new I-751 with the waiver after divorce is final (which will take about 4 months). Unfortunately, I have seen a few cases here that show that apparently immigration officials are checking with the courts who are filing for divorce. And now on top of the upcoming divorce my concern is what might happen with my immigration status before I get divorce decree and re-file the form (even then there’re might be some complications with getting 10 years extension…:(). What are the chances that immigration finds out about divorce procedure before it's complete…:confused:If somebody has a similar experience please share. Any advice will be highly appreciated.

So sorry to hear for what you are going thru. I know this is a bad phase for you. If your hubby is really cheating on you or not being loyal & faithful to you, I would teach him a nice lesson. Just be little more patient, show him that you like to be with him, get your 10 year GC and divorce him. You ahve been with him for that long, why not another few more months. Think about it & good luck.
 
If you can prove that the marriage was bona fide you can still get the permanent GC, so if you feel you need to get divorced right now, go ahead but do consult an immigration attorney at the same time.
 
My personal opinion:
Sit tight and get your GC first. don't let your suspicions, or even his true actions get in the way of your future. just hang in there. I know it's tough, and please don't harm him physically even though you may dream of walls falling on him.
your case is already pending, so a few more months is so much better than a few more years or having to start all over in another country.

There are ways to get the GC even after divorce - but you'll have to prove that he caused you undue emotional harm/abuse from all this, and that is just timely and costly in my opinion.

I'm sorry to hear of your marriage falling apart. Try to calm down and see your future instead of only the Right Now.

I think AFTER you get that 10 year GC you're a free agent. Perhaps ask an immigration lawyer for their opinion.
 
and chances of USCIS finding out you ask ?
A couple who immigrated from philipines, became outstanding contributors to their community in the 25 years they've lived here on their GC, raised all their uSA born kids, recently got deported because the USCIS found out that there was false information on their ORIGINAL GC applications from over 25 years ago.

You should not lie to USCIS :) it's Tempting, but not smart ;)
You've come to a good place Jenny, we have Great supportive people on this forum, and we'll carry you through. Just check in often, and stick with it, we'll carry you through.
 
and chances of USCIS finding out you ask ?
A couple who immigrated from philipines, became outstanding contributors to their community in the 25 years they've lived here on their GC, raised all their uSA born kids, recently got deported because the USCIS found out that there was false information on their ORIGINAL GC applications from over 25 years ago.

You should not lie to USCIS :) it's Tempting, but not smart ;)
You've come to a good place Jenny, we have Great supportive people on this forum, and we'll carry you through. Just check in often, and stick with it, we'll carry you through.

Agree.. :) tempting.
I'd say wheather the storm a little longer...divorce takes times and is best to do it in a civil manner with your partner, take your time....also realize that people get wierd when divorce begins...watch out for yourself.
Don't give the USCIS any reason to doubt you. They are waiting for people to stumble a little and they love deporting people. And I never really trust their statements that if the marriage is bona fide...it should be OK. They are NOT fair to people. If you divorce...they'll always doubt you. Remember their favorite thing is breaking families and sending people back.
 
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Unfortunately in THIS forum I haven't found many cases like yours, but I do encourage that post AND check many cases like yours in britishexpats, there are several and succesfull even without interview, you will find good advices for your case over there IF you decide to move forward with divorce.

If you divorce or not is a personal choice and I would recommend you to stick on immigration issues here because if you get on the "divorce or not" you will get confuse and the only person in this stage that should be clear is YOU and only YOU is the one who is living what is living in your house and marry with that person.

First you CAN divorce unless you think that he will contest and you then will get stuck in a divorce for many months...I would say wait, because then you will get in that limbo and you don't want that...if you think you can get a quick divorce without problems (do you have kids???) then go ahead, but read my previous statement. But if not, then file for divorce, get your divorce decree and first ALL the papers that demostrate that your marriage is bonafide. You can demostrate it if you already file then that means you have enough proof of your life together.

If you are sure that he is not trust worthy of your feelings then be sure is that way or talk to him...I suggest to safe your marriage but never against your own happiness, that is first.

There is a solution and a way to do if you get divorce...but you need your divorce decree first and get all your evidence and of course file again with the divorce waiver.

Check britishexpats.

Good luck!
 
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