I-751 is still pending (jointly filed), wife threatens to file for divorce

[Derfeldan]

Hi All,
I have a question: We have submitted an I-751 jointly couple weeks ago, I have completed my biometrics appointment when called in, and received the 1 year extension (NOA). It seems like now it's a waiting game..

My wife wants babies from me and she threatens me that she would get a divorce if I didn't want children in the next 3-4 months. I don't respond well to threats, but I don't want to lie to her either: I'm not rdy for children yet, however since we made it this far I also don't want her to get my I-751 denied. Is there anything that I could do?

Could she void the pending I-751 , if she filed for divorce? Could she arbitrarily cancel my I-751 anytime (before it's approved)? Other than this we have a bona fide marriage and are still living together.

Please shed some light on this topic. Thank You.

 

[newacct]

Sure, she could withdraw it (regardless of whether she divorces you), since it's a joint petition. Or she could divorce you. Neither of those things will mean you can't remove conditions or will lose permanent residency, but will cause you more hassle.

First, someone who is divorced can file for Removal of Conditions by themselves. If you had divorced earlier, this is what you would have done. You would show that your marriage was originally bona fide when you got the green card and some time afterwards. In fact, if she withdraws and refuses to cooperate with your Removal of Conditions, and she is not abusing you, divorce is the only way you can remove conditions, as someone who is married and not abused does not qualify for Removal of Conditions by themselves.

Divorcing at this point is actually more problematic than divorcing earlier, because you must wait until you get a final divorce order before you can remove conditions on the "divorced" basis, and divorce may take a few months. If she withdraws the application or refuses to go to the interview if there is one, it will probably get switched to the "divorced" basis, and they will give you an RFE of like 3 months to provide a final divorce order. If the divorce is not final by then, USCIS will formally reject your I-751 and put you in removal proceedings, at which point you can file I-751 with the immigration judge once you get the final divorce order, and they will generally wait for you to get it if you are in the middle of divorce. It's still doable, just more hassle.

Or, if she doesn't do anything, there's a good chance that you won't need an interview and it will be approved.

 

[Derfeldan]

Thank you newwacct for your thoughts on this. She is a very sweet& smart lady that's what I love in her, but unfortunately she's extremely vengeful if things don't go her way... There's no doubt that she would withdraw the petition if she learned that I don't plan on having children as of yet and I fear she will eventually finds this out as I cannot lie to her for 3-4 months and don't even want to....

What happens if she withdrew the the I-751 and refuses to divorce me, just to get back at me, so that I cannot have my conditions removed? Doesn't she carry some responsibility for her signature as well? According to what you say, I need a final divorce order to get a waiver, but what if she intentionally delays the divorce proceedings just to get back at me? Another thing is we live in CA where the divorce takes min 6 months, even if they gave me 3months for RFE, it won't be enough. (There's no battery in our marriage, nor would divorce result in extreme hardship for either of us)

I hope all this won't happen and we stay married, but then again it's not only my choice; I'm not ready to be a father yet and will not be coerced to. Do I read this wrong or I am completely helpless if she wanted to get back at me by withdrawing I-751 and intentionally delaying divorce?

Thanks again!

 

[Triple Citizen]

Then your conditional PR status will expire and you will be subject to removal. Then you will surely not be able to impregnate her remotely

What happens if she withdrew the the I-751 and refuses to divorce me, just to get back at me, so that I cannot have my conditions removed?

 

[newacct]

What happens if she withdrew the the I-751 and refuses to divorce me, just to get back at me, so that I cannot have my conditions removed?

Then you will need to divorce her.

According to what you say, I need a final divorce order to get a waiver, but what if she intentionally delays the divorce proceedings just to get back at me? Another thing is we live in CA where the divorce takes min 6 months, even if they gave me 3months for RFE, it won't be enough. (There's no battery in our marriage, nor would divorce result in extreme hardship for either of us)

If you get put into removal, the immigration court should give you time for you to complete the divorce and file I-751 with them.