Divorce and status removal

[Mirela1]

Hi Everybody!

My story is not a normal one. I will try to make my story short. After filling the for for removal of my status my husband filled for divorce. We finally had an interview where I find out that my husband also sent a letter to immigration saying that I came in U.S with different plans that being married with him. I don't want to say what was in my heart....but anyway, the interview was on 02/13 and the lady who interview us asked my husband to step outside the room where we were. She wanted to let me know that the government do not encourage marriages if they are not working. I told her that I got married with him because I really loved him and I want to do whatever is in my power to save it...I don't know if she really realized that we have problems as a couple but anyway...since then I did not have received any response from them and the biggest thing is that my husband filled again for divorce on 03/11. He also change the lock of the house we were leaving together...I am leaving into a women shelter not having money in any way...I was layoff on 02/21. He showed me a lot of support as a husband. Now I have so many questions and no answers...were to go, what to do...were to sick for help. I have an immigration lawyer..he is helping me because I do not have money but in the same way I feel that he is not helping me too much. I don't know if there is somebody who can help me with advices...

Thank you

 

[Sizwe]

Best thing to do in my opinion is to go back to your home country. The US is an extremely difficult place to survive without money/support. Unless you can find a job as soon as possible or work out your problems with your husband then i suggest that.

Do you not have any friends in the US?

 

[Mirela1]

Thank you for your advise. I have a lot of friends here willing to support me in any way...And by the way, I just started my new job today. Why should I give up? I have only immigration problems and I am not banging for anything and I do not want anything for free form anybody. I worked hard since I came here...but anyway thank you.

 

[JohnnyCash]

Hi Everybody!

My story is not a normal one. I will try to make my story short. After filling the for for removal of my status my husband filled for divorce. We finally had an interview where I find out that my husband also sent a letter to immigration saying that I came in U.S with different plans that being married with him. I don't want to say what was in my heart....but anyway, the interview was on 02/13 and the lady who interview us asked my husband to step outside the room where we were. She wanted to let me know that the government do not encourage marriages if they are not working. I told her that I got married with him because I really loved him and I want to do whatever is in my power to save it...I don't know if she really realized that we have problems as a couple but anyway...since then I did not have received any response from them and the biggest thing is that my husband filled again for divorce on 03/11. He also change the lock of the house we were leaving together...I am leaving into a women shelter not having money in any way...I was layoff on 02/21. He showed me a lot of support as a husband. Now I have so many questions and no answers...were to go, what to do...were to sick for help. I have an immigration lawyer..he is helping me because I do not have money but in the same way I feel that he is not helping me too much. I don't know if there is somebody who can help me with advices...

Thank you

From immigration point of view, you have only three options right now-

(1) If you think you were abused in the marriage AND can prove it with documents then you can file removal of condition petition on the basis of battered spouse by your own without the need of your husband and then it wouldn't make any difference even if your husband has filed a divorce petition. Abuses don't have to be only physical, rather mental abuses do conut and acknowledge for immigration purpose, but everything must be documented...such as going to therepy, hospital, police report, restraining order, affidavits from two people who knew about the abuse and other convincing evidence. If you can think you can prove abuses thru documents then you can get your full residency.

Nevertheless, I personally don't see, as per your statements, that you were abused in any form. Your situation seems like a marriage has gone haywire or husband has decided to change his mind on spending his life with you with or without your fault. Why he did or you have done nothing wrong ...etc...etc. don't matter anymore because fact remains the same that he doesn't want you anymore in the marriage. Period. Thus, he is not obligated to keep sponsoring you for the green card. Thus, I don't see you could prove any abuse in the marriage given all these facts.

(2) Get divorce as soon as possible or expeditely (if you can) and then file the Removal of Condition petition (I-751) right away with divorce decree. This is the best and hassle free option available in a situation like you have. So, get divorce even if you have to lose some assets or lose your pride to teach your husband something in the divorce court if you want to get immigration status before you are placed on a removal (deportation) proceeding. Judges sign uncontested divorce so quickly in days, while on the other hands it takes so long to have finalized a contested divorce. So you are better off with an uncontested divorce at this time for the sake of getting immigration status regardless of who/what was/is wrong and who/what was/is right...Sometime we all need to think hard logically than emotionally.

(3) If you cannot prove any abuse in the marriage with evidence nor get a quick divorce before you are placed in a removal proceedings then your only option is-wait until USCIS sends you a NTA to place you on a removal proceeding. And only then you will need to convince to immigration judge that you shouldn't be deported because you married with your husband in good faith and divorce is pending. If judge decides to give you a time until divorce gets finalized then consider yourself a lotto winner; otherwise you will be ordered to be deported. However, 95% of immigration judges do give some time for a divorce to be finalized so that aliens can file/re-file petition to remove the condition with divorce decree when divorce gets finalized, but do not forget that there are still 5% judges out there who don't give any time to immigrants. So it will be all about the luck as to what kind of immigration judge you will get during your deportation proceeding.

It's VERY important for you to know that in order to remove the condition in any of the options available, you MUST need to prove to either USCIS or immigration judge that your marriage was bonafide. Thus, gether as many as documents you could arrange/have to prove the bonafide of your marriage because they will be your lifesavor.

Good luck...

 

[khayyam]

hi

Hi Everybody!

My story is not a normal one. I will try to make my story short. After filling the for for removal of my status my husband filled for divorce. We finally had an interview where I find out that my husband also sent a letter to immigration saying that I came in U.S with different plans that being married with him. I don't want to say what was in my heart....but anyway, the interview was on 02/13 and the lady who interview us asked my husband to step outside the room where we were. She wanted to let me know that the government do not encourage marriages if they are not working. I told her that I got married with him because I really loved him and I want to do whatever is in my power to save it...I don't know if she really realized that we have problems as a couple but anyway...since then I did not have received any response from them and the biggest thing is that my husband filled again for divorce on 03/11. He also change the lock of the house we were leaving together...I am leaving into a women shelter not having money in any way...I was layoff on 02/21. He showed me a lot of support as a husband. Now I have so many questions and no answers...were to go, what to do...were to sick for help. I have an immigration lawyer..he is helping me because I do not have money but in the same way I feel that he is not helping me too much. I don't know if there is somebody who can help me with advices...

Thank you

I was almost half way to post my message to you but Mr JOHNNYCASH has it all in his post. There is no need for a re post.

Thanks Johnny and good luck mirela.

 

[khayyam]

question for johnny

From immigration point of view, you have only two options right now-

(1) If you think you were abused in the marriage AND can prove it with documents then you can file removal of condition petition on the basis of battered spouse by your own without the need of your husband and then it wouldn't make any difference even if your husband has filed a divorce petition. Abuses don't have to be only physical, rather mental abuses do conut and acknowledge for immigration purpose, but everything must be documented...such as going to therepy, hospital, police report, restraining order, affidavits from two people who knew about the abuse and other convincing evidence. If you can think you can prove abuses thru documents then you can get your full residency.

Nevertheless, I personally don't see, as per your statements, that you were abused in any form. Your situation seems like a marriage has gone haywire or husband has decided to change his mind on spending his life with you with or without your fault. Why he did or you have done nothing wrong ...etc...etc. don't matter anymore because fact remains the same that he doesn't want you anymore in the marriage. Period. Thus, he is not obligated to keep sponsoring you for the green card. Thus, I don't see you could prove any abuse in the marriage given all these facts.

(2) Get divorce as soon as possible or expeditely (if you can) and then file the Removal of Condition petition (I-751) right away with divorce decree. This is the best and hassle free option available in a situation like you have. So, get divorce even if you have to lose some assets or lose your pride to teach your husband something in the divorce court if you want to get immigration status before you are placed on a removal (deportation) proceeding. Judges sign uncontested divorce so quickly in days, while on the other hands it takes so long to have finalized a contested divorce. So you are better off with an uncontested divorce at this time for the sake of getting immigration status regardless of who/what was/is wrong and who/what was/is right...Sometime we all need to think hard logically than emotionally.

(3) If you cannot prove any abuse in the marriage with evidence nor get a quick divorce before you are placed in a removal proceedings then your only option is-wait until USCIS sends you a NTA to place you on a removal proceeding. And only then you will need to convince to immigration judge that you shouldn't be deported because you married with your husband in good faith and divorce is pending. If judge decides to give you a time until divorce gets finalized then consider yourself a lotto winner; otherwise you will be ordered to be deported. However, 95% of immigration judges do give some time for a divorce to be finalized so that aliens can file/re-file petition to remove the condition with divorce decree when divorce gets finalized, but do not forget that there are still 5% judges out there who don't give any time to immigrants. So it will be all about the luck as to what kind of immigration judge you will get during your deportation proceeding.

It's VERY important for you to know that in order to remove the condition in any of the options available, you MUST need to prove to either USCIS or immigration judge that your marriage was bonafide. Thus, gether as many as documents you could arrange/have to prove the bonafide of your marriage because they will be your lifesavor.

Good luck...

On a curious note. Would the complaint of the USC husband to the CIS have any impact on the decision of the Joint/waiver I 751 considering the OP has enough evidence to prove good faith marriage?

 

[JohnnyCash]

On a curious note. Would the complaint of the USC husband to the CIS have any impact on the decision of the Joint/waiver I 751 considering the OP has enough evidence to prove good faith marriage?

US citizen-spouse to have written letters and testimoney from other people to USCIS stating that alien-spouse married for immigration benefit won't be given any attention nor USCIS will do anything about it except just throwing in the garbage unless those claims are supported by convincing evidences. It's a well known fact, which USCIS is also aware of, that whenever a marraige breaks down between a US citizen and alien-spouse then 96% of the time US spouses write to immigration to revoke the permanent residency of alien-spouses by claiming that alien-spouse married for only immigration benefit and they were/are frauded, but there is not even one case reported wherein USCIS has taken any action against the alien-spouse except noting on alien's file about such allegations. That's all.

I've known cases wherein US-spouses (most of them were females) did everything they could to ruin alien-spouse but ended up nothing...They fought it for years but couldn't jeopardize the status of alien-spouse. USCIS knows that they wouldn't prevail in courts without any CONVINCING evidence of marriage-fraud in the court when alien-spouse would file the appeal. Thus, they don't want to act on such allegations without evidences; otherwise it would be a waste of their time and resources for nothing. And they also know that 98% of the time alien-spouses do file appeal if USCIS denies their application or revoke their immigration benefit on fraud ground because if someone is found committed a marraige fraud then that person can NEVER be immigrated to United States in any category (not even by marrying with another US citizen) except thru asylum. Thus, they all file appeal.

That's why it's so important to gather as many as evidence possible to prove the bonafide of marriage. It's all about the fight of documents. That being said, complaints from US citizen-spouse or others wouldn't impact anything so long those complaints are not supported by convincing evidences. 'Hearsay' or 'he said-she said' cannot be used to make a finding of marriage-fraud.

 

[Mirela1]

I have all the documents needed. The police report, the counselor I am going for almost 1year and a half. I have documents that we ( me and he) went together to the marriage counselor, now I am living into a battered woman's shelter and I am pretty sure that they will release a document attesting that I was living there. The Friendship organization got my case... I called also the police when he changed the lock of the door, regarding the fact that I am still on the leasing agreement. If that police man made a report I don't know..I have to check this. My husband is very intelligent and he knew all time to manipulate the people...I am not saying that I am perfect but I can not continue with this and I have to find a way to fix my immigration issue. I have a free lawyer...how much he will help me I don't know....I wish to be able to hire one but in my situation I can not afford one. The lawyer I have he advice me to wait till we get a response back from immigration and he also told me that immigration wants his taxes and W2 forms for 2007. We sent them a prove of the taxes because my husband said that he does not have them...And like I said, we already had the interview. Now I will try to talk with my husband to convince him to finish this divorce as soon as possible..but the question is : can I count on him? I will try to do my best possible. And THANK YOU for the advises.

 

[Indian_Citizen]

Well explained answer from Johnycash. Your explanations are great and very convincing. Good luck mirela.

 

[JohnnyCash]

I do not understand what is your real situation. You did not mention in your initial posting that there is a police report and other stuffs; instead you talked about going to interview as a "happy couple" but now talking about having police report on your husband and seeing a counselor for a year. Also, I don't know what kind of lawyer you have who is helping you. One fact I would like you to know very clearly that the lawyer from this shelter services don't make any money by helping people. Thus, they don't spend as much as time they should have in defending these people's interests. Thus, it's VERY important for you to care about your case and be very pro-active; otherwise you will end deported and not the lawyer. You will be able to do NOTHING to the attorney if something goes wrong in your case.

When you say that you have been going to a counselor for a year and half then are you talking about marriage-counselor? Having a few police reports and going to a marriage counselor won't help you in establishing a battered-spouse case. Similarily, living in a battered woman's shelter means nothing nor it proves that you have been battered. And if anyone from battered woman's shelter says that they can help you get immigration status then they are just lying because nobody can do anything except just talking. It's the USCIS that grants immigration petition based on documentary evidences than just talking. I know this very well since handling of battered spouse applications was my speciality when I used to practice immigration laws. Thus, it's my advise not to even think filing a battered spouse case if you have only few Police report and couselling letter because your petition will be denied otherwise. You need more than these evidences to prove a battered-spouse case.

I'm also confused about your case. Do you already have conditional green card or not yet? If yes, then why this immigration attorney is telling you that USCIS wants your husband's tax return for the year 2007 with W-2s? And how he knows that USCIS is asking these documents? Is this attorney on your record with USCIS? If so, then did he give you the copy that USCIS sent to me about asking this particular document? Don't blindly rely/depend on this attorney. This is your life, thus be vigilant and pro-active about your own case.

You don't need to ask nor convince your husband about finishing the divorce as soon as possible since it's not in his hands; instead judge decides it if there is no any issue to resolve between you guys. You said in your initial posting that your husband already filed for the divorce then did he serve you the copy of the divorce complaint yet? If not then you should have. Once you get the copy, you answer to his divorce complaint without contesting anything in order to get a quick divorce so long he is not demanding you anything in that divorce complaint.

Once you obtain a divorce, you can file removal of condition without any hassle, but keep in mind that there is never a guarantee that USCIS will grant your petiton because everything will depend on what kind of supporting evidences you will submit to prove your case. Once you get divorce decree, don't wait anymore to hear from USCIS as what your attorney is advising; rather file another I-751 right away with divorce decree because once USCIS will place you on a deportation proceedings then matter will be between immigration court and you...and USCIS will have no any jurisdiction on you. I may be able to guide you on how to proceed on your case but I'll be away for 2-3 weeks. You may choose to contact me thru PM if you prefer.

Good luck...

I have all the documents needed. The police report, the counselor I am going for almost 1year and a half. I have documents that we ( me and he) went together to the marriage counselor, now I am living into a battered woman's shelter and I am pretty sure that they will release a document attesting that I was living there. The Friendship organization got my case... I called also the police when he changed the lock of the door, regarding the fact that I am still on the leasing agreement. If that police man made a report I don't know..I have to check this. My husband is very intelligent and he knew all time to manipulate the people...I am not saying that I am perfect but I can not continue with this and I have to find a way to fix my immigration issue. I have a free lawyer...how much he will help me I don't know....I wish to be able to hire one but in my situation I can not afford one. The lawyer I have he advice me to wait till we get a response back from immigration and he also told me that immigration wants his taxes and W2 forms for 2007. We sent them a prove of the taxes because my husband said that he does not have them...And like I said, we already had the interview. Now I will try to talk with my husband to convince him to finish this divorce as soon as possible..but the question is : can I count on him? I will try to do my best possible. And THANK YOU for the advises.