Help! No GC and Nut wants divorce

I suppose filing for F-1 reinstatement could be a viable backup plan. Getting a college degree is always a good idea and pretty much your only path to employment based immigration. Here are your basic requirements:

You will only be considered for reinstatement as an F-1 student if you establish:

A. That the violation of status was due solely to circumstances beyond your control or that failure to reinstate you would result in extreme hardship;
B. You are pursuing or will pursue a full course of study;
C. You have not been employed without authorization; and
D. You are not in removal proceedings.

But, perhaps it would be a good idea to go to the international office of your college and get the opinion of an immigration advisor. Of course, the F-1 reinstatement would have to go hand in hand with withdrawing your immigrant petition and AOS and having a convincing case that you have closer ties to another country and do not intend to reside in the US.

Another avenue you can pursue is to leave and re-enter in F-1 status if it is granted. No unlawful presence if no determination has been made. May be somewhat more risky to be approved to return than changing your status from within the US.
 
marriedtoanut said:
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.
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threats with deportation etc is considered extreme mental cruelty under the law. Like I have stated in a prior post on this thread if you feel you have been a victim of abuse (physical or mental) subjected on you by a USC or LPR spouse you have the option to file the I360. For this yes you need evidence of the battery. (be it chat conversations between you and ur spouse (threats of deportation , demands of money to help you with ur GC (aka extortion) , copies of forged checks , proof of her extra maritial affairs etc) if you have all that info consult a very competant immigration attorney and file ur I360. Note : donot start divorce proceedings till ur I360 is filed and received / receipted by USCIS.
 
Are you sure the namecheck is not being held for this reason?
Did you get an infopass yet? If so, try to get one and find out what's wrong with your case before you start paying attorney's fees
 
Don't go crazy!

Hey there,
I haven't been on this site for a while, but your case made me want to drp my line...

first off, don't freak out about the divorce, i had a friend who was in the same situation, shtuff happens and people divorce, its just the way it is. just stay straight with the USCIS and you'll be fine, my buddy got his GC anyways.
Try to keep a good relationship with your new ex to be.
I would dissolve all contracts that we have together.
Also there's no way to tell when that NC is going to be done, i had to file a lawsuit on the USCIS+ FBI for my N400. it doesn't seem that there's a reason for the time they take.
And by the way, i was arrested for a fight (misdemeanor) in NYC 8 years ago , i am an ARAB, I hold a concealed weapons permit and i own a gun... and i still got my GC and citizenship...
consider doing a WOM lawsuit to get your NC done, the lawyer will do it for you for like a 1000 bucks.

So don't freak out you'll be fine.
 
I don't get it. How do you claim that you "shouldn't" have to go back home when it was your decision to violate F-1 status in 2005?
 
kabi24 said:
Hey there,
I haven't been on this site for a while, but your case made me want to drp my line...

first off, don't freak out about the divorce, i had a friend who was in the same situation, shtuff happens and people divorce, its just the way it is. just stay straight with the USCIS and you'll be fine, my buddy got his GC anyways.
Try to keep a good relationship with your new ex to be.
I would dissolve all contracts that we have together.
Also there's no way to tell when that NC is going to be done, i had to file a lawsuit on the USCIS+ FBI for my N400. it doesn't seem that there's a reason for the time they take.
And by the way, i was arrested for a fight (misdemeanor) in NYC 8 years ago , i am an ARAB, I hold a concealed weapons permit and i own a gun... and i still got my GC and citizenship...
consider doing a WOM lawsuit to get your NC done, the lawyer will do it for you for like a 1000 bucks.

So don't freak out you'll be fine.
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U are confusing the two issues, because you cannot for a WOM for name check for a greencard. The US attorney will just eat your alive with a filing to dismiss such a frivilous lawsuit. WOM only function for people who have filed for N400, because the US Court recognizes that USCIS cannot screw people who want to become USC...

As for I-485, good luck with filing such a lawsuit... Lastly, don't fight anybody because the gentleman here seem to think that his getting away with a fight is acceptable. A misdemeanor crime can still get your balls torched...;)
 
How about reading thingz that hav already been discuzzed instead of mizpelling things

VisaNutz said:
I don't get it. How do you claim that you "shouldn't" have to go back home when it was your decision to violate F-1 status in 2005?
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"Reading previous posts before responding is soooooo 1990's." - Anonymous.

Things aren't too bad. My wife and I have started working things out. I'm going to start going to see her once things have simmered down between us. I think marriage counseling is the only option. We're both just way too angry at each other right now.

I'm also going to start going back to college. I have a year left on my degree. I don't know how I'm going to manage that with two full time jobs, but where there's a will there's a way.

If it works out it works out. If it doesn't work out then it doesn't work out. At least I'll be free of this giant mess.
 
Al Southner said:
U are confusing the two issues, because you cannot for a WOM for name check for a greencard. The US attorney will just eat your alive with a filing to dismiss such a frivilous lawsuit. WOM only function for people who have filed for N400, because the US Court recognizes that USCIS cannot screw people who want to become USC...

As for I-485, good luck with filing such a lawsuit... Lastly, don't fight anybody because the gentleman here seem to think that his getting away with a fight is acceptable. A misdemeanor crime can still get your balls torched...;)
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dude i was just giving examples, i believe that WOM is to make the federal government do it's job in case they take too long to respond to the case that's all it is... so Take it easy buddy... if they divorce, it only proves that the marriage was legit. he should be fine.
 
Hey sorry about your situation. The best bet for you at this point is to enroll into a degree program and apply for F-1. You might have to go back to get your visa stamped for F-1.

Good luck trying other options!
 
If you apply for F-1, be sure to be able to prove closer ties to another country. You would certainly have to abandon your pending GC application and give up your two jobs.

It sounds to me though that your plan for college is to reconcile with your wife, become a permanent resident and finish your degree.
 
Been there done that. Got a conditional GC, then got divorced a year later. Applied for removal of conditions and now have the permanent GC. Dont listen to those that say u r SOL after u get a conditional GC. The only requirement that was important was that u have to be divorced before you apply for removal of conditions. Of course u have to prove that marriage was entered in good faith, but that should not be a problem if u have already been through one interview. U basically show the same proof again. I did not even hire a lawyer to remove conditions.

Hope u get that condtional GC mate
cheers
 
Have you tried this?

I assume you're still married to her and still haven't received your GS. Call all you Congressmen, Senators of the district where you initially filed your application.
That's what i did. I had waited for 2 years (relativeley short period compared to you and other people)
I was fed up with waiting and checking my mail everyday like something is just going to drop from the sky.

I called, emailed, faxed all of my state's Reps/senators. One of them [US Rep.] was willing to talk; not him personally but his secretary who was nice enough to hear my story. I posted about this in a different thread. See http://www.immigrationportal.com/showthread.php?t=261118&highlight=gigaman
I am living with another Nut Job as well so I totally sympathise.
 
It doesn't matter anymore.

After six months of being lied to and threatened I am finally taken action. I am going ahead with the divorce. I am done with this woman's sickness. The world is a large place and the USA is not the only country one can choose to live in. I have never felt such freedom.

She has been calling me on the phone every day and telling me how much she loves me. Today I got divorce papers in the mail less than two minutes after she told me that she "can't wait to see me again".

I am ready to move on with my life. Be it with the F-1 or by moving. Either way, I am not going to give the government any grounds to deport me.

LIFE IS BEAUTIFUL!!!

Seriously, learn something from my example. Marry for the wrong reasons, not the right ones. And never ever abandon your status!
 
Marriedtoanut,

Just wait a while, you might get your GC in the mail at anytime......you said you already filed all your paperwork, passed interview, so what else is left? your background check right? Since you already had your interview and passed it, seems like all you have to do is wait for the GC to come in the mail...

Hope it works out for you.

Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!
LUD I-130 Approved 03-20-07!!!
LUD I-485 Welcome notice sent, Card production ordered 03-23-07
LUD- Welcome notice received 03-27-07
LUD- I485 Approval notice mailed 03-28-07!!!
03-30-07 GC received!
106 days in all.
 
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There's nothing I can do

There is nothing I can do in this situation unless the GC becomes approved before Apr 24. She filed for divorce against me. Then she went and filed a precipae asking that the case be brought to court because I hadn't signed the papers and sent them back to her - a week after I received the papers. I have to appear in court on the 24th. So now I have to fly to Omaha from Seattle to basically seal the deal on my deportation.

If it gets approved without a second interview and card production is ordered - which I highly doubt at this point - I will let everyone know.

Otherwise F-1 reinstatement.

Or Canada/Australia/Europe here I come.

No more women!

This new policy of approving pending cases regardless of the FBI namecheck status is nothing cruel irony at this point.
 
Oh the pain!

Oh the irony! That all cases like mine are going to be approved by July. The divorce hearing is scheduled for next week.

I swear, I'm God's sitcom.
 
marriedtoanut said:
And yes, it does seem that the marijuana charge is what is slowing down the namecheck process.
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MY ADVICE TO YOU IS VERY SIMPLE... Get back with your WIFE.. That save you from all your problems. Bill Clinton cheated on Hill, she never left him. They are still together and right now plotting ways to choke ObraBAMA.. but they are failing... I digress..

BAck to issue.. i hope you get my point that try to save your marriage. CHeating doesn't mean it should end there. get back with the woman you love, and you shall feel better and your life will resume like it never stopped. Good luck!!;)
 
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