Help! No GC and Nut wants divorce
- Thread starter marriedtoanut
- Start date
marriedtoanut
Registered Users (C)
Thank you everyone for the advice.
I have hired an AILA attorney and have my first appointment next Friday. She wants to move forward with a battered spouse petition but I don't know how effective that is going to be. She also says that the more important question right now is to see why the namecheck is still pending. Is that even possible?
I have hired an AILA attorney and have my first appointment next Friday. She wants to move forward with a battered spouse petition but I don't know how effective that is going to be. She also says that the more important question right now is to see why the namecheck is still pending. Is that even possible?
PraetorianXI
Banned
LOL. The namecheck is pending because it is pending... because of HUGE backlogs at the FBI namecheck division...
marriedtoanut
Registered Users (C)
The 1st World
I'm very sorry to hear that. My namecheck's been pending since April 06.
I'm very sorry to hear that. My namecheck's been pending since April 06.
Al Southner
Registered Users (C)
pure speculation... It is possible your mary jane conviction is the issue holding your name check....
Didn't you know that smoking grass was illegal or maybe because it was a small town in Nebraska made it ok?If your wife is a nut, then get a squirrel to bury the nut...
Remaining or gaining permanent residence in the US has never ever being decided on the basis of how a US citizen is screwing how many concubines...at the expense of a potential immigrant....I think ur case is very complicated, and your only best hope is for the I/O to approve your case upon name check clearance by the FBI and issue an unconditional 10 yr card, especially if by the date of approval, your marriage is past 2 yrs. HOpe for the latter or your are screwed...
PraetorianXI
Banned
the backlog is to those whose name have a "hit" on the system... someone with your name and DOB did something and you have to be cleared manually...
How do they clear the backlog? no clue... but it does not seem like it is a first come first serve basis.
How do they clear the backlog? no clue... but it does not seem like it is a first come first serve basis.
marriedtoanut
Registered Users (C)
pure speculation... It is possible your mary jane conviction is the issue holding your name check....
If your wife is a nut, then get a squirrel to bury the nut...
I think you're trying to help. The idea that you are trying to counsel me on drug use at this point frightens me more than your grammer.
I didn't think anything about smoking grass. Of course it's illegal and of course I knew that. It is however, a MISDEMEANOR. I was beaten and taken to jail. The judge himself took the arrest off record and only fined me $1 for posession of paraphernalia. I'm not trying to justify my immigration status with this passage, merely nullify your assumption that I somehow thought it was ok to smoke marijuana because I was in a small town in NE. Your powers of comprehension outdo your grammer skills.
As for everyone else who is actually trying to help, you are right that it seems my only option is to hope that my unconditional GC gets auto-approved. To that effect, how probable do you think it is that this is going to happen? I do not believe it very likely. I've changed my address with DHS. They know my wife and I are living apart from each other. Even then, have any people heard of GC's being approved like that (with or without the address change)?
I am still going to try to fight this. There may be no laws that protect me now, but I'm hoping that somewhere along the line, I'll get to talk to an immigration judge. It does not seem right that a US citizen can do whatever they want to his/her foreign spouse and then divorce them and the foreign spouse has to leave because he/she did not go see a psychiatrist and make a report. There has to be some way I can fight this. I will keep you updated.
Once again, thank you to those who are trying to help.
Last edited by a moderator:
marriedtoanut
Registered Users (C)
And yes, it does seem that the marijuana charge is what is slowing down the namecheck process.
Al Southner
Registered Users (C)
I am glad that your grammar skills are going to impress the immigration judge and grant you the necessary GC based on being screwed by a USC..
After having spent 16hours at the altitude of 36000, flying back to Uncle Sam from a nice vacation, I thought putting together a response to help a nut will be appreciated. After all, u knew your wife was a nut when you married her, because u are a nut too....
You should hope for the best situation, which should exclude your bitterness about how US citizen should act towards immigrants. The premise is simple: you have no legal right to a greencard, irrespective of spending 8k on your nutty wife. I am yet to find a case law to support your contention, except that your wife was a freeloader while u were hoping for a greencard...
If you would like to face an immigration judge, then I hope u get your wish. However, what you are asking for is not simple, especially without a competent legal counsel to assist your naive and infantile mind, your balls are to be canned
. The law is based on facts, not emotional bull which seems to underpin every point in your post...If I was an immigration judge, my questions would be this simple:
What is the basis for your greencard issuance in the absence of a valid and wholesome marriage?
What turned your 8k debt into a special requirement for greencard issuance?
I am sure your 8K debt is the highest to ever be faced by a married couple..
For people who divorce with hundreds of thousands of $$ in debt, then tough luck...
I just paid over $54 000 in various debt from April 2007 to Dec 2007, and I am happily married... Guess what? From January to April, I need to pay off $26K for wife's student loans (Grad School). Didn't you know having a wife is very expensive? Now you know from your 8K.. Focus on paying your debt off instead of turning it into an albatross for a greencard issuance..
Triple Citizen
Registered Users (C)
Why are you bent on mixing the two issues together? Fine you were duped in love. Yes you claim your wife was not normal. However the bottom line is, you have no basis to request a GC in the absense of a bonafide marriage to a US citizen. I wish you the best of luck and I hope you get your one on one meeting with an immigration judge.
marriedtoanut
Registered Users (C)
I am glad that your grammar skills are going to impress the immigration judge and grant you the necessary GC based on being screwed by a USC..
After having spent 16hours at the altitude of 36000, flying back to Uncle Sam from a nice vacation, I thought putting together a response to help a nut will be appreciated. After all, u knew your wife was a nut when you married her, because u are a nut too....
You should hope for the best situation, which should exclude your bitterness about how US citizen should act towards immigrants. The premise is simple: you have no legal right to a greencard, irrespective of spending 8k on your nutty wife. I am yet to find a case law to support your contention, except that your wife was a freeloader while u were hoping for a greencard...
If you would like to face an immigration judge, then I hope u get your wish. However, what you are asking for is not simple, especially without a competent legal counsel to assist your naive and infantile mind, your balls are to be canned
If I was an immigration judge, my questions would be this simple:
What is the basis for your greencard issuance in the absence of a valid and wholesome marriage?
What turned your 8k debt into a special requirement for greencard issuance?
I am sure your 8K debt is the highest to ever be faced by a married couple..
For people who divorce with hundreds of thousands of $$ in debt, then tough luck...
Al, what are you huffing? What's the point of all these personal attacks? Do you seriously think you're offering me advice? I've already told you that I agree with you that there is no legal right for me to get a green card. I responded the way I did because of your drug lecture. Did you think I came to this forum to seek advice on how to beat my marijuana charge? Did you really think I assumed it was ok to smoke grass because I'm in a small town in NE? And now you're comparing debt? Maybe 8k is not a lot of money for you - all the more power to you. But it is a lot of money for me. And as I've reiterated a countless number of times, not everything I've typed in this forum is a profound piece of legal evidence on why I should get my green card. So you can take your 54k debt and eat it. You ignore my simple, procedural questions and choose to respond to anything personal I've brought up. I like advice as much as the next ungrateful foreigner that doesn't deserve to be here, but at this point "why did you smoke the grass is not you knowing it is illegal" is irrelevant and a waste of your time and mine. Smiley. Smiley. Smiley.
Triple Citizen, once again, in simple English:
I do not think I deserve a green card because of my debt or because I was "duped in love". I think that there needs to be some sort of repercussion for a US citizen that marries an alien under false pretenses, cheats on them, lies to them, sells their things, forges checks in their name and threatens them with deportation if they dare to report these incidents to anyone. I think it's highly strange that I need a doctor's report to validate this. Once again, that's just my personal feeling. It's not something I plan to write a book on to send to an immigration judge. You can be as sarcastic and cold as you want about it, but it is still what I feel and you can tell me that it's not going to work, which is fine and I accept that - but I will fight it - but you can't tell me that what I'm feeling is wrong.
You can think I'm ungrateful and bitter, but the two of you seem to find a bizzare comfort in arguing with me about petty personal matters and yet you ignore my procedural questions.
So my one last shot at immigrationportal:
1. How many people have had experience with GC's being auto-approved once the FBI namecheck clears?
2. Does anyone know how the legal status through employment system works for a non-specialized position? My employers have stated that they will do anything it takes to keep me here. I am the fifth employee they've had this year and the only one to last as long as I have. I do medical billing for a therapeutic massage clinic. The job does require some method of skill although how much is highly debatable.
3. Does anyone have any experience with their F-1 status being reinstated?
Thank you and Happy New Year to you all. Even Al Southner with his $50k debt.
marriedtoanut
Registered Users (C)
I just read this. You seem to have a major problem with automatically assuming things about people. Once again, can the personal bullshit and stop making ridiculous accusations your big mouth cannot justify. I wasn't merely "hoping" for a Green Card. People that are "hoping" for a Green Card do not finance cars together, buy animals together and start a savings account together. You don't have any idea what my marriage was like. Now don't come back at me and say:
Smiley, just because smiley you have smiley a dog smiley doesn't smiley mean you smiley get a smiley Green Card smiley.
Smiley Smiley.
Pompous jackass. If you were an immigration judge we'd all be screwed.
While I'm not an expert by any means and I have no advice to offer, I can say that I understand what you mean. You married a shitty person, and even though you say you married for the right reasons, it is what it is.
Welcome to real life... if I had a dime for every friend I had that had a relationship with a psychopath I'd be rich.... and no, what she did isn't right and I understand your anger even if nobody else does. I'm not a judge, and I don't pretend to be.. but when it comes to morals... there is no court that will convict on being a shitty person alone.
When it's not your country, sadly no matter how good your intentions were or are... it is the way it is. , whether you agree with it or not.
Personally, I am Canadian... I don't work and I'm a housewife. Even once I do work, If my husband leaves me, or cheats, or our marriage ends... I don't and won't stay here.. I go home to Canada, because I no longer need the green card to be with him. The only reason I am here is for him and our marriage. It's simple. I think some people don't understand if the reason you applied for the green card is the marriage, why it's such an issue now that the marriage is over, unless your intent all along was a green card.
Also, $8,000 in debt is nothing. I just went through a divorce a year ago and I'm STILL in court over money only now to the tune of $3500.00 in lawyer fees every single month since October because I have a sociopath ex husband.... join the crazy club. Lots of us have nut jobs for exes, but it means nothing when it comes to a green card.
Welcome to real life... if I had a dime for every friend I had that had a relationship with a psychopath I'd be rich.... and no, what she did isn't right and I understand your anger even if nobody else does. I'm not a judge, and I don't pretend to be.. but when it comes to morals... there is no court that will convict on being a shitty person alone.
When it's not your country, sadly no matter how good your intentions were or are... it is the way it is. , whether you agree with it or not.
Personally, I am Canadian... I don't work and I'm a housewife. Even once I do work, If my husband leaves me, or cheats, or our marriage ends... I don't and won't stay here.. I go home to Canada, because I no longer need the green card to be with him. The only reason I am here is for him and our marriage. It's simple. I think some people don't understand if the reason you applied for the green card is the marriage, why it's such an issue now that the marriage is over, unless your intent all along was a green card.
Also, $8,000 in debt is nothing. I just went through a divorce a year ago and I'm STILL in court over money only now to the tune of $3500.00 in lawyer fees every single month since October because I have a sociopath ex husband.... join the crazy club. Lots of us have nut jobs for exes, but it means nothing when it comes to a green card.
Last edited by a moderator:
marriedtoanut
Registered Users (C)
That was an incredibly nice post. Thank you.
The reason I am holding on to the Green Card so much at this point is because it's all I have to show for what I've done with my life for the past three years. I'm estranged from my parents since the marriage. They asked me to choose between them and my girlfriend at the time and I chose her. My country exists within a claustrophic and paranoid culture that is driven by greed and academic success, all of which I stopped pursuing when I thought I'd found "The One". For me, it is not merely a question of going back home, but failing. I have no degree, no money and nowhere to go. People may say "oh suck it up and get over it", but it's easy to say that when you've lived your life in a country where you can succeed with no help from your superiors whatsoever. If I had my degree I wouldn't feel so bitter about the situation. But the way I look at it, from a personal (not legal) point of view is that I am being punished for marrying the wrong person by having my life destroyed. I don't expect any of this to hold up in a court of law. There are certain forumgoers who are much too eager to offer criticism without realizing that all the personal things I post here do not warrant a response. I might rant and rave for a while but I always cut to the chase and end with procedural questions.
This turned into a highly personal post, but I appreciate what you're saying and I'm coming to terms with the fact that in the US, aliens really don't have any rights whatsoever. My wife is back on the "we're still working things out" track. You have to realize that the reason I'm not even concerned about the marriage is because I have been taken on the ride of my life in the past two months. From finding out about the infidelity, to sliding into a month long bout of depression and drinking while being threatened by her family, to moving away, finding out my possessions (some of which I've had since I was a child) have been thrown away and that my dog has been sent to someone else's house and that she won't give me the address. After all this... how can I entertain the notion of salvaging this marriage? And yet... how can I not.
I don't know. It's not worth all this though. This isn't the forum for such discussions. I would have preferred not to have gone there, but Al Southner's attitude really irritated me. I accept the fact that I am screwed, but it doesn't mean I agree with or that I'm going to pretend to at the risk of attracting Al Southner's criticism.
I'm going to see an attorney on Friday. She wants to move forward with the Battered Spouse Petition. I really don't know how effective it's going to be, but what else can I do at this point. I don't know if she's merely suggesting this because it's "something we can try" but at least it's better than nothing. I've already told her I have no doctor reports or anything. There was a psychiatrist I was seeing during the time when my wife would leave the house sporadically claiming that she was "confused" but that's about it. This attorney seems to think that we can still find other methods of dealing with it. Maybe she's hardup for cash. I really don't know.
I'll try to keep everyone updated. I don't know if my job can help, but that's also something I'm going to look into.
Al Southner
Registered Users (C)
That was an incredibly nice post. Thank you.
The reason I am holding on to the Green Card so much at this point is because it's all I have to show for what I've done with my life for the past three years. I'm estranged from my parents since the marriage. They asked me to choose between them and my girlfriend at the time and I chose her.
OK...it was childish on your part to do such a thing, and it smacks of late teens or early adulthood behavior...
My country exists within a claustrophic and paranoid culture that is driven by greed and academic success, all of which I stopped pursuing when I thought I'd found "The One". Since you found "The One", then you should reap from what you have sown from "The One." I am yet to find true love among undergrads, especially with beer kegs galore on campus....
For me, it is not merely a question of going back home, but failing. I have no degree, no money and nowhere to go. You should have thought about getting your degree before getting married to a nut. You didn't come to the US to be married, but to get education. I wonder if you applied for a student visa and mentioned that as an added bonus, you are going to marry an american citizen, what the US Consulate would have done?
People may say "oh suck it up and get over it", but it's easy to say that when you've lived your life in a country where you can succeed with no help from your superiors whatsoever. If I had my degree I wouldn't feel so bitter about the situation. It is never too late to go back to School and obtain a degree. What are you, Mother Theresa's age? An elderly woman graduated from some midwest college at age 86, unless you claim to be 99 and on fixed income..
But the way I look at it, from a personal (not legal) point of view is that I am being punished for marrying the wrong person by having my life destroyed. Please mention who is the punisher? I will assume that life punishes people for making choices, which came back to bite their butts....
This turned into a highly personal post, but I appreciate what you're saying and I'm coming to terms with the fact that in the US, aliens really don't have any rights whatsoever. My wife is back on the "we're still working things out" track. You have to realize that the reason I'm not even concerned about the marriage is because I have been taken on the ride of my life in the past two months. From finding out about the infidelity, to sliding into a month long bout of depression and drinking while being threatened by her family, to moving away, finding out my possessions (some of which I've had since I was a child) have been thrown away and that my dog has been sent to someone else's house and that she won't give me the address. After all this... how can I entertain the notion of salvaging this marriage? And yet... how can I not.
I don't know. It's not worth all this though. This isn't the forum for such discussions. I would have preferred not to have gone there, but Al Southner's attitude really irritated me. I accept the fact that I am screwed, but it doesn't mean I agree with or that I'm going to pretend to at the risk of attracting Al Southner's criticism.
I never critized you, I pointed out the emotional bull in you posts which has nothing to do witl legal facts.
I'm going to see an attorney on Friday. She wants to move forward with the Battered Spouse Petition. I really don't know how effective it's going to be, but what else can I do at this point. I don't know if she's merely suggesting this because it's "something we can try" but at least it's better than nothing. I've already told her I have no doctor reports or anything. There was a psychiatrist I was seeing during the time when my wife would leave the house sporadically claiming that she was "confused" but that's about it. This attorney seems to think that we can still find other methods of dealing with it. Maybe she's hardup for cash. I really don't know. Yes, the attorney is hardup for cash, your instincts are correct. Legally, there is no basis for your greencard issuance. period. However, you should hope that your card is approved without a request for second interview by USCIS. Also, did you file a notice of change of address?
I'll try to keep everyone updated. I don't know if my job can help, but that's also something I'm going to look into.
You just need to focus on paying off your debt dude, find healing in your heart and look forward to a new life without your nutty wife. Life is too short to dwell on people who pull you down, while there are other people who can encourage and strengthen your resolve to live and make a success out of your soul.
You might not like my posts, but focus on making this year a better one for yourself, leave the victim's mentality away from your victorious mentality...Al Southner
Registered Users (C)
That was an incredibly nice post. Thank you.
So my one last shot at immigrationportal:
1. How many people have had experience with GC's being auto-approved once the FBI namecheck clears?
I have seen or read of many people on the forum whose GC was approved after name check was cleared by the FBI without a request for second interview. If your 1st interview went well without any problems, then you should hope for a GC in the mail should your name check be cleared.
2. Does anyone know how the legal status through employment system works for a non-specialized position? My employers have stated that they will do anything it takes to keep me here. I am the fifth employee they've had this year and the only one to last as long as I have. I do medical billing for a therapeutic massage clinic. The job does require some method of skill although how much is highly debatable.
In short, there will be no H1-B visa for anyone doing medical billing, because it is not a specialized technical field. In addition, your lack of college credentials doesn't bode well for any employment visa sponsorship, if they did exist.
3. Does anyone have any experience with their F-1 status being reinstated?
If you are accepted into any college which accepts international student, then an F1 visa can be issued without any problems at all. However, you will still need to prove that you have resources to finance your education. In a nutshell, having shown an intent to seek permanent residency in the US might be a needle in your request for a F1 visa.
Thanks for the Happy New Year... it is a former debt...
marriedtoanut
Registered Users (C)
Thanks Al
Thank you for answering the questions Al. I stopped reading the other post after I encountered some rubbish about college kids and kegs and 90 year old college graduates. You're welcome to share your pompous assumptions about life and love and the vagaries of youth with me, but I don't have to respond. Stick to what you know. Immigration.
It's ok. Let's see how this plays out. Like I said, life's too short to worry about things like this. I'm going to enjoy the time I have left in the US. Things could be worse. A child could be involved. Her brother could have killed me. I could still be married to her...
Thanks for the advice and support everyone. I'll try to keep everyone updated.
Thank you for answering the questions Al. I stopped reading the other post after I encountered some rubbish about college kids and kegs and 90 year old college graduates. You're welcome to share your pompous assumptions about life and love and the vagaries of youth with me, but I don't have to respond. Stick to what you know. Immigration.
It's ok. Let's see how this plays out. Like I said, life's too short to worry about things like this. I'm going to enjoy the time I have left in the US. Things could be worse. A child could be involved. Her brother could have killed me. I could still be married to her...
Thanks for the advice and support everyone. I'll try to keep everyone updated.
marriedtoanut
Registered Users (C)
And yes, I have filed a change of address form with USCIS. One for my wife to her new address and one for me. I didn't want to lie to the government and at that point, we were supposedly still working things out.