I have just received my unconditional green card in the mail. I am in ongoing argument with my wife(USC) over my mother-in-law because of something my mother-in-law has done to me but my wife is taking her mothers side. During this argument my wife has threatned to leave me and file for a divorce and she has promised me that she will do something very 'evil'. My mother-in-law had signed the affadavit of support back when we filed all the immigration papers. I am not taking this serious because I think she is just saying that because she is upset with me. But if she or I do file for a divorce will it have any negative consequences on the immigration process?
Divorce after unconditional green card..
- Thread starter immi5599
- Start date
I am a USC currently petitioning for my F1 husband. He has not received his conditional GC yet; however, I did read on the USCIS website the following:
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.
You may request a waiver of the joint petitioning requirements if:
Your deportation or removal would result in extreme hardship
You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.
Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.
You may request a waiver of the joint petitioning requirements if:
Your deportation or removal would result in extreme hardship
You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.
Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.
sarrebal said:
sarrebal, Yes my mother-in-law had signed the affadavit of support for me and FMH031706 I have already been approved for the unconditional green card. No need to mention that if me and my wife decide to go apart that my mother-in-law will take her side. My mother-in-law has been 'creating' stories of me cheating on her and that other people have came and told her that and it so happens that al the 'sources' of her information are either out of town are gone or their whereabouts are not known. She is unncecessarily creating trouble b/w me and my wife and my wife is falling for the trap because I have no way to prove otherwise. And I am to the point where I hate my mother-in-law's guts for ruining my married life.
So that means that if my wife decides to take the bait and divorce me then my mother-in-law cannot do any harm by doing anything like may be calling the USCIS or anything like that? I think I am just may be scared. My mother-in-law has a history of failing false reports (insurance fraud) and false lawsuits and probably has some warrants in other states. And I am afraid what if she files some kind of false report lwith police becasue she has tried to do so in the past.
Once you have unconditional GC, there really isn't much anyone can do to cause you trouble. You may however be interested to learn that your mother-in-law's affidavit of support will still be in effect even after the divorce - she cannot get out of her obligation until you either leave the country permanently, die, become a USC or accumulate 40 credits of employment (10 years).
Al Southner
Registered Users (C)
Get her out of your house...
Get your mother-in-law out of your house.... douche. She has no right to live with your or an entitlement to be in your house. However, if you live with her, then you better get your wife out of there and find your own place. It was never meant for you any couple to live with their parents (mother-in-law or father-in-law) at any point, especially while you are newly married.
You ought to kick her out, she is a trouble maker. Worst of all, if you want to sweep your wife off the ground, serenade her all evening long, how do you do that while he mother is there Get her out... if she has no place, it is not your problem, but hers... sorry... choices have consequences..
Get your mother-in-law out of your house.... douche.
She has no right to live with your or an entitlement to be in your house. However, if you live with her, then you better get your wife out of there and find your own place. It was never meant for you any couple to live with their parents (mother-in-law or father-in-law) at any point, especially while you are newly married. You ought to kick her out, she is a trouble maker. Worst of all, if you want to sweep your wife off the ground, serenade her all evening long, how do you do that while he mother is there
Get her out... if she has no place, it is not your problem, but hers... sorry... choices have consequences..pianoplayer
Registered Users (C)
Hi:
Of course you have choices. First, from an immigration point of view, even if divorce occurs, you will likely be able to remove conditions by yourself provided that you prove bona fide intent in entering into the marriage. It is surprisingly not too hard to do.
Second, it is your choice to allow your mother-in-law to be that involved in your marriage. If she is able to interfere to such a degree, it means that she is WAY too involved in your marriage and life. Move out or further away and build a solid relationship with your wife. While one should always be respectful and considerate of in-laws and your own parents, you are now an independent couple, making your OWN decisions.
Finally, if your wife is not willing to regard you as the primary person in her life (as you should her), and she allows her mother-in-law to run your life, then perhaps she was not ready to get married and that is something you should work out together.
In any event, the current situation is not tenable, and you should NOT put up with it just because you are scared of removing conditions.
i agree with u. but the problem is that my wife is too much involved with her mother that she never see my point and just ignores it. i feel like being controlled by my in lawas and my wife. i have tried to talk about it with my wife and it actually resulted in more retaliation from my wife as well as my mother in law. so i decided to let be calm for a while. i have no energy left to take up any issue at this point and already i am threatened by my in laws about creating problem in my immigration issues.
pianoplayer
Registered Users (C)
Hi:
I feel sorry for your situation. The biggest mistake you made was letting it get this far. You know the (Biblical, I think) saying that a man leaves his parents to be with his wife? Well, there is the symmetry of that too - a woman leaves her parents to be with her husband.
Quite aside from immigration, this is a fairly serious marital issue you need to resolve. You cannot afford to have your in-laws interfere in this way and your wife needs to realize that you are not willing to put up with it. I would suggest some good marital counseling to work out issues like that.
I know you think that you are in a compromising position but realize two things:
1. Your in-laws cannot do anything about your immigration situation, at least
not without your wife. They are stuck with that I864.
2. Even if your wife turns against you and with them, you WILL most likely be
able to remove conditions by yourself and move on with your life. Besides,
if it comes to that, she was not a good partner to you anyway, or at least
not ready to commit herself to a relationship independent of her parents.
pianoplayer
Registered Users (C)
Another quick comment, unrelated to immigration:
Your situation is not that unique. I have noticed in a lot of American marriages that this tends to be a problem. I've always been curious as to why the majority of American males take very little interest in making household decisions and are so easily manipulated. Apart from abusive husbands, I have noticed that in a lot of American households, the female partner absolutely controls almost everything and the male partner just goes along with it "to keep the peace." I don't believe that is a healthy situation.
Now, I am all for women's rights and a fervent member of the liberal feminist movement. But as such, I argue for EQUAL RIGHTS AND STATUS in the home - striving to make joint decisions. Equality cuts both ways. And the blame is not just on women - American men need to pick up the slack and claim equal responsibility and make equal contributions in the household.
My soapbox. Best of luck.
i agree but we r bound by our limitations. we are at that stage that we have worked os hard and now settled here and talking about equality will just lead to failure to file for joint petition. and we cant prove that it was not our fault to file joint petition because nor can a normal man in a normal looking household prove extreme hardship if sent back and nor he prove extreme cruelty in eyes of law. these things are easier said than done. there is huge imbalance of power that govt give its citizens and treat aliens like aliens. i