middle of conditional residency, perm residency, change to H1 status

N

nireehamdi

Registered Users (C)
I am the US citizen, my spouse and I were married in 2002. We completed
the AOS interview and have the conditional residency status changed to
permanent residency status in Nov. 2005. He would like to get his US
citizenship. However, there are some problems in marriage and I am not sure
that we will complete at this time. I am trying to hang in there so we can
complete, but it takes "Two to Tango". He does not do anything towards
his marriage in the way of responsibilities, he only "wants the card". He has
a girl-friend (who is also international), he does not live at home, eat at home, or anything. He leaves his clothes at home, just for "looks" I assume. I am closing out "My" bank account with his name on it. I have asked him to
put my name on his bank account, he has not. So, he wants, wants, but
does not want to "do". This is not fair. In the meantime, in 'his wants"...
his 3X tax return done jointly. I just don't feel "any obligation to him" to do
this. I don't think filing separately will affect his status. So, I would like to
know, should be get a "new job"...can he change to H1 status? I am going to file for divorce, siting adultery and abandonment (which can be proven)...
we did not start "out ugly"....and I'm hurt that he has chosen "the ugliness
route". In the long run, I feel this is going to be something that I regret
and that he will regret in his life if we do not complete. I have given, given
and given. But everything in life has to be a two way street I believe. I
also believe that if I do not file the I751 and N400.....I don't think he will
be able to prove that he did not marry to circumvent immigration laws. I
married him because I loved him and cared for him. Through all of this
ugliness, I still do. ACtually, I know what I should do....but because he
has hurt me and been ugly to me....I should return the ugliness and whatever. I have had an excellent teacher. I have also told him, that
if no one else knows that God knows his actions to me, and that "what goes around comes around". I may not see it...but it will happen to him. He
will deserve it.
So...can he change status from marriage based AOS to perm residency and citizenship.... to H1 Visa? Other comments.
 
If you go through a divorce before you remove conditions on his GC, he will loose his GC. I am not sure after that he has to go back or can have time to get his H1 Done.
I hope this is what you were asking. :p
 
middle of conditional residency,perm residency, change to H1 status

In view of the fact that the "husband" has two lives, one married such
as it is and the other single.....(he supposedly said, that his girl friend does
not know that he is married, which I find hard to believe). I do not need to
follow him or anything, I know exactly where he is. But I also wonder, nights
when he does stay at home, where does the girl friend think he lives?
Anyway, with the "nothing marriage".....and him doing nothing....he
has the audacity to "put his tax return" on the kitchen table. He said, "let's
get the taxes done". Now I ask you.
 
Ok, first - He needs you to file I-751 to lift the condition. But he doesn’t need you to file N-400. He can do it on his own. He only needs you for another three years so then he can get his citizenship faster (And maybe marry his GF and sponsor her). Otherwise it will take him 5 years, instead of 3, if you divorce him now.

Second - even if you divorce him now, in a middle of his conditional residence and do not file I-751 with him, he can still do it on his own, if he has enough proof that your marriage was legitimate and for love. From your posting it looks like your husband knows what he is doing (in immigrating matters there is). He keeps asking for join tax returns, you had his name on your bank account and don’t be surprised if he has a bunch of receipts and photographs stashed somewhere to proof your relationship.

Darling, the conditional residence was given to him by INS for a reason - to prove he did not commit the marriage fraud. Sometimes people do fall out of love after short period of time, but they still find ways to work it out for INS.
He, clearly, doesn’t care about you, what you feel and what you want.
He has a plan already. And now he just uses you for a green card.
Then why? Why are you torturing yourself for this man?
Do you really think he will appreciate what are doing for him?
Your husband sleeps with another woman and doesn’t even care to hide the fact from you and you seriously considering doing him this huge favor?
And live like this for another 3 years?
And lie to the INS people for him?

Lets it to be his problem, not yours. Untie yourself from this man and start doing your taxes alone.
Good luck.

JG
 
I am not going to do taxes with him. I am deleting him from bank accounts...
and going from there....the pictures he had, I destroyed them. In fact,
none of the papers that "i provided him with for the AOS does he have now"...
I have taken all papers that had to do with me".... in fact, he only has
his own papers....and that's it. ...so...I also have everything documented,
all statements such as "we done, now that I have the card I can do anything
that I want.".....'i'm only living here because of INS'".....so, I'm going slow..
I have the time...and I'm healing in the process......so, as I think ....our
divorce will be pending by Nov. 25th 2005....(grounds of adultery, I have
witnesses, etc. that will attest to the facts)....so what happens to him....
that's his boat. I do feel sorry for him....because down deep I do care
what happens to him....
 
middle of conditional residency, perm residency, change to H1 status...

I am also not going to lie to INS......I am not a good liar, so I can't.....
I have told him this....
 
I know you care and it hurts, but three years from now, when it’s all over and your wounds are healed, you’ll feel much better.
Your husband broke his vows (to love and to honor…) first.
You do not owe him anything anymore. What you are doing now is right.
Do not question yourself and you won’t regret it.
Move on with your life and take care of yourself.
And for your other question "...can he change to H1 status?” – let him worry about it. OK? :)
 
middle of conditional residency, per residency change to H1 sTATUS

we are not filing the I751, he can get no letters verifying that he is
in an on-going marital relationship. This is true, and the risk is high.
I am going to file for divorce. Going to an attorney on mon or tues.
I have all documented. I have really tried very hard. he has done
nothing. It is his burden of proof to prove a bona fide marital relationship
for the I751, he cannot. I was told if we don't file this form, they
are going to call us in and ask why? so I suppose, can't get any letters
and has been living away from home....
Maybe I should write the letter and just say that. we were suppose
to file on aug. 25th. I was also told, it is not your (me) place to
prove his case, the burden of proof is on him. If not in a bona fide
relationship, then don't file with him.
I'm so sorry ....and it hurts still.
 
It's not easy to remove condition if USC spouse refuses to cooperate. Burden to proof good faith marriage lies on him.

As per law, if they divorce in the middle, he needs to withdraw the pending 751 (if it's there) and resubmit.

If they have not yet submitted 751 and USC spouse refuses to sign the papers, he needs to request a waiver of the joint filing requirement.

If divorce proceeding has already been initiated (by any spouse) then he needs to wait till divorce case is done.
 
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he is suppose to file the I751 by aug. 25th. He has said nothing. So
I assume that he is going to file an H1 visa which is fine with me. I don't
know anything about the H1. I'm sure he has to have supporting documents.
(all signed off as married). I was told, if you all do not file the I751, there
is a possibility that we can ask you both to come in and give the reason
for not filing it. So, if he files the H1, that's fine. But there are sure going to
be some questions. if this happens, it could be denied. I know immigration
is tough and should be, when 1 route is not completed, they want to know
why and it is at their discretion to allow another route. Their rules are good.
No one can beat the system, they shouldn't try.
 
nireehamdi said:
he is suppose to file the I751 by aug. 25th. He has said nothing. So
I assume that he is going to file an H1 visa which is fine with me. I don't
know anything about the H1.
You can read here how some people tried to get back on H1 after getting their GC.
http://www.immigrationportal.com/showthread.php?t=175843
I'm sure he has to have supporting documents.
(all signed off as married).
H1 is between him and employer and has nothing to do with you.

I was told, if you all do not file the I751, there
is a possibility that we can ask you both to come in and give the reason
for not filing it.
Not true. If I-751 is not filed on time, his conditional permanent residence status would be automatically terminated and USCIS will order removal proceedings against him.
http://uscis.gov/graphics/howdoi/remcond.htm#late

So, if he files the H1, that's fine. But there are sure going to
be some questions. if this happens, it could be denied. I know immigration
is tough and should be, when 1 route is not completed, they want to know
why and it is at their discretion to allow another route. Their rules are good.
No one can beat the system, they shouldn't try.
Click to expand...
 
sunny914 said:
When you submitted the Affidavit of support (2002 I guess) there is a clause that you will support him for at least 3 yrs after filing .....regardless.

Not true. The sponsorship obligation continues until the sponsored alien naturalizes, has worked or can be credited with 40 quarters of work, leaves the United States permanently, or dies. However, a sponsor remains liable for any support or requests for repayment of benefits that arose before the support obligation ended.

Please make sure that he won't be a burden on the system , otherwise you will spend more time defending yourself rather than concentrating on the next step.
He can go on welfare and take advantage of other benefits only if he is a LPR or a USC. Its not easy to do that, you have prove extreme financial hardship. In this case the plan is not to file the I-751 together, so there is no question of getting a permanent GC, so its upto him how he handles this. If his GC is terminated and he choses other options, then the sponsor's obligation ends.
Click to expand...
 
nireehamdi said:
I am the US citizen, my spouse and I were married in 2002. We completed
the AOS interview and have the conditional residency status changed to
permanent residency status in Nov. 2005. He would like to get his US
citizenship. However, there are some problems in marriage and I am not sure
that we will complete at this time. I am trying to hang in there so we can
complete, but it takes "Two to Tango". He does not do anything towards
his marriage in the way of responsibilities, he only "wants the card". He has
a girl-friend (who is also international), he does not live at home, eat at home, or anything. He leaves his clothes at home, just for "looks" I assume. I am closing out "My" bank account with his name on it. I have asked him to
put my name on his bank account, he has not. So, he wants, wants, but
does not want to "do". This is not fair. In the meantime, in 'his wants"...
his 3X tax return done jointly. I just don't feel "any obligation to him" to do
this. I don't think filing separately will affect his status. So, I would like to
know, should be get a "new job"...can he change to H1 status? I am going to file for divorce, siting adultery and abandonment (which can be proven)...
we did not start "out ugly"....and I'm hurt that he has chosen "the ugliness
route". In the long run, I feel this is going to be something that I regret
and that he will regret in his life if we do not complete. I have given, given
and given. But everything in life has to be a two way street I believe. I
also believe that if I do not file the I751 and N400.....I don't think he will
be able to prove that he did not marry to circumvent immigration laws. I
married him because I loved him and cared for him. Through all of this
ugliness, I still do. ACtually, I know what I should do....but because he
has hurt me and been ugly to me....I should return the ugliness and whatever. I have had an excellent teacher. I have also told him, that
if no one else knows that God knows his actions to me, and that "what goes around comes around". I may not see it...but it will happen to him. He
will deserve it.
So...can he change status from marriage based AOS to perm residency and citizenship.... to H1 Visa? Other comments.
Click to expand...


nireehamdi:

I understand your feelings. Please don't take any decision by influence of others . Nobody knows about your internal situation. People will give you the decision only hearing about your writinigs. They will never get your spouse comments. He might have something to tell. Sounds like you still love your spouse. Have you ever think you might hurt him ( unintentionally) and for this reason distance occurs day by day. It happens. Nobody can sees his/her negatives. I trust your writings here.
What I am trying to say please don't go for divorce. This is the worst thing in the world. Please sit together and discuss yourselves. Don't involve people. I know one of my friend just got divorce only for miscommunication. They loved each other. But their friends influence them to get divorce. Here, what you are writing we are convinced, and everybody will tell you go for divorce. If your husband tells his friends, they will tell him go for divorce.

Actually we have only one life, why don't we make it simple. People make mistake and there is a forgiveness. Your spouse got conditional GC. You guys already proved you love each other to the US Govt. I am sure you still really love each other.

Finally if you think, you cannot go with your spouse anymore, please just think yourself that "Did I give him a chance?" If your answer is "Yes", then you don't need to do anything, any revange. GC is a piece of card compare to love. Why should you care about who is taking advantage from you. If you really honest, you love your husband then you don't need to care about other things. If you leave him, don't you think that's not punishment enough? He is going to loose a honest/sweet/loving wife (I don't know about you). One day he will realised, because God is there!!!!!!!!!!!

Please don't take it otherwise. It's just only my request to you, thinkg 1000 times before divorce. To get partner is very difficult job, but to break is very simple and easy.

Wish you happy married life. All the best and Good luck.
 
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HELLOOOO, excuse meeee!!!
I know that this is not the thread for marriage vs divorce, BUT she said clairly that HE had a GIRLFRIEND. You have to be very open mind to excuse that one.

And divorce can be bad depend in the way of you want to look at it. For me is great that we live in this era that we can have a new opportunity to make new choices.

After saying that. I do agree, that everything here is just post with personal opinions and knowledge of people that has been in same situation or know about it. So at the end discretion is advice and you and just you are the last person to make the call. Doesn't mean that sometimes there are very good post and good guides that you can use or make your own search base in a post.

In my personal opinion, reading what you just said he is the one who brake the vows to you. But is your call to forgive him and let him take advantage from you to get the unrestricted green card. For me that is sad. When people put more weight in a "status" than in a marriage.

Hope you make a good decision for yourself, good luck.
 
I AGREE with 'cherr1980' comments.

We are just providing feedback on question posted by one of the member ..... Nothing more.... It's upto to her how she wants to utilize information she is getting.

Regarding comments posted by 'dip92' - All I have to say, you have a big heart.
 
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