I-751/Divorce Issue.. Please Help

I

InTightSpot

New Member
Hello,

My wife and I have been married for more then 2 years and in august 2006 we filed 1-751 for the removal of conditions. I have already been through my biometric fingerprinting. Unfortunately, last months things got really really ugly and my wife is planning on filling a divorce in next few weeks. Please tell me what should i do in this situation. Should i start selling my assets in this country and start packing my suitcase or there is another way out of this?

Thanks In Advance
 
If you can work out things with your wife, and make your marriage work, its worth it. After all you married for better and worse. Try going to counseling..
If things work out, thats great. If not, at least you will have the proof that you tried. If your marriage is genuine and have all the supporting documents to prove it, even if you get called for interview, you have that evidence. If you are called for interview, your spouse needs to be there. But if you are divorced by then, and if your wife is willing to submit a statement that your marriage was genuine and was not for evading immigration purposes , it could be a deciding factor. Also you have to prove that if cannot stay in this country, it could mean hardship for you (Do you have kids? They could suffer separation and loss of support from their father)
But try as much as possible to communicate with your wife and smooth things out, not just for paperwork, but for your marriage. Also, if things do not work out, consult a good immigration attorney.
 
Ashin2 said:
If you can work out things with your wife, and make your marriage work, its worth it. After all you married for better and worse. Try going to counseling..
If things work out, thats great. If not, at least you will have the proof that you tried. If your marriage is genuine and have all the supporting documents to prove it, even if you get called for interview, you have that evidence. If you are called for interview, your spouse needs to be there. But if you are divorced by then, and if your wife is willing to submit a statement that your marriage was genuine and was not for evading immigration purposes , it could be a deciding factor. Also you have to prove that if cannot stay in this country, it could mean hardship for you (Do you have kids? They could suffer separation and loss of support from their father)
But try as much as possible to communicate with your wife and smooth things out, not just for paperwork, but for your marriage. Also, if things do not work out, consult a good immigration attorney.
Click to expand...

Hi:

Actually there is no need for him to prove hardship. If the marriage cannot be preserved, after some counseling as you suggest, and as soon as the divorce goes through, he needs to submit another I751 filing separately. With this application he merely needs to show that the marriage was entered with good faith intent. If it was bona fide, it need not be that hard to show. Many remove conditions successfully.

As suggested, the OP does need to consult a good immigration attorney to help him compile the application.

The OP is far away from packing his bags ---- unless he wants to.
 
Toughen up...

InTightSpot said:
Hello,

My wife and I have been married for more then 2 years and in august 2006 we filed 1-751 for the removal of conditions. I have already been through my biometric fingerprinting. Unfortunately, last months things got really really ugly and my wife is planning on filling a divorce in next few weeks. Please tell me what should i do in this situation. Should i start selling my assets in this country and start packing my suitcase or there is another way out of this?

Thanks In Advance
Click to expand...

Man,

Toughen up...no need to be selling your assets and leaving the country. :o
Since you filed I-751 in August, one can assume that you filed this jointly, and submitted the evidence as requested by USCIS or rather expected by immigration authorities to establish the bona fide aspect of your relationship..... :p according to the USCISlian standard of marriage... :D

As such, I read nowhere in your post of a RFE for more evidence from USCIS. Unless they are still to look thoroughly through you case, my suspicion is that you are on solid ground for now, till they look through all your paperwork. :p

couple of scenarios for your case:
Scenario ONE: If you submitted solid, sufficient evidence to establish that your marriage was genuine, as you did in the first interview that secured you a conditional greencard, then you are in good shape. Most likely, USCIS wouldn't be bothered by calling you for a second interview because the evidence that you submitted will trump the need for second interview, unless your DO has lots of time to spend on wasting your time... if I were you, will pray to G_D that you have this scenario became your reality.

Scenario TWO: USCIS asked for more evidence to establish your continued genuine marital relationship. Moreover, after you submit this evidence, you are called for an interview as husband and wife. :eek: This is going to cause a stench in your interview, because assuming that your wife has filed for divorce, your both filed jointly for I-751. Unless your wife attends the interview and profess her utter love and respect for you, but tell USCIS that your marriage didn't work out as you both hoped. However, she still support your need for a greencard and continued residency in this country, because your marriage failed based on whatever issues you guys had, but it was not to evade the immigration laws of the US. If USCIS deem her explanation as logical and rational, then you might be given an opportunity to be given a new 10 yrs GC. Again, if I were you, wouldn't want this scenario to happen, have many uncertainities.... :(

On renewing your marital relationship, it appears to me that your issues didn't start recently. It is very rare for any woman on any day, to decide "i am going to file a divorce", without any continued marital troubles. Sorry, u guys have been going at it for some time.... :confused: Advice: if you attend a church, synagogue or mosque seek counsel from someone in authority there. If possible, get counseling to save your marriage because marriage is not something that you come out of alive (vows say till death do us part). :D However, you shouldn't engage in counseling to wither the storm so that you can get your greencard and decide you now want a divorce, but rather you ought to have a commitment to ensure the continued marital love and all the good things marriage is suppose to bring.... :)
 
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