please help me out (conditional GC and divorce)

X

xgddcn

Registered Users (C)
thanks in advance. I have got my conditional green card which will be expired by the end of this year. I want to file the divorce with my wife since I couldnot stand for her personality. now my question is

(1) if she does not want to file the uncontested divorce, then I could not get the degree and submit the waiver for the petition with divorce by the 90-day time frame, if this case happens, what should I do? Will I be out of status?

(2) if my wife send a document to USICS to cancel her sponsorship, will I be out of status?

thanks so much.
 
Why wouldn't she sign the uncontested divorce? are children or properties involved, even with that get a divorce lawyer to handle your case.
They will serve her the papers and she does not even have to appear in court.
Get a divorce lawyer, they are quite flexible and affordable these days.
And, oh since you want to meet the 90 day period, I'll suggest you start the process now, the earlier the better.
 
godisgoodtome said:
Why wouldn't she sign the uncontested divorce? are children or properties involved, even with that get a divorce lawyer to handle your case.
They will serve her the papers and she does not even have to appear in court.
Get a divorce lawyer, they are quite flexible and affordable these days.
And, oh since you want to meet the 90 day period, I'll suggest you start the process now, the earlier the better.
Click to expand...

I really appreciate your answer. thanks.

here is more information. we don't have kids yet. her mother keeps saying I get married to her daughter is for green card purpose, although I love my wife and take care of her with my heart. every time when my wife and I had a squirrel, she would not answer my phone for at least three weeks until her mother agree her to. this drove my crazy. She save all her salary for herself and her mother, and told me to turn in all my income for her control. (I refused, but I still gave most of my salary to her in different ways) I think her mother would not allow my wife to sign the I751, this is for sure, I just worry she will delay our divorce by purpose in order to make me out of status.

do you guys know how I sustain my legal status. I came to USA with F1 visa, unfortunately I got married and file for green card instead of H1B at that time. I just don't want my legal status became illegal. Any advices are really appreciated!
 
Hey, my advice will be; hold on with the divorce action for now.
See ways you can have one on one with your wife, without her mom being there, that is if she moved out and went to her mom.

Think of it as something as cool as a vacation to someplace, disney, newyork, miami etc for a couple days or week or so, and work things out.
even if she does not want to come back, you can convince her to sign the form and get a copy of here taxes, which you will need for sponsorship. You married her not here mom, so the possiblity of you 2 being alone will help stabilize your situation, try as much as you can to avoid bringing her mom into the equation... I tell you some mother inlwas are underetimated, they can make your life hell.

She must have loved you for a minute before you guys got married, so do all you can to rekindle that love again even for a week till she signs your stuff........lol....
 
godisgoodtome said:
Hey, my advice will be; hold on with the divorce action for now.
See ways you can have one on one with your wife, without her mom being there, that is if she moved out and went to her mom.

Think of it as something as cool as a vacation to someplace, disney, newyork, miami etc for a couple days or week or so, and work things out.
even if she does not want to come back, you can convince her to sign the form and get a copy of here taxes, which you will need for sponsorship. You married her not here mom, so the possiblity of you 2 being alone will help stabilize your situation, try as much as you can to avoid bringing her mom into the equation... I tell you some mother inlwas are underetimated, they can make your life hell.

She must have loved you for a minute before you guys got married, so do all you can to rekindle that love again even for a week till she signs your stuff........lol....
Click to expand...

could you please explain a little bit more about the relationship between her taxes and the sponsorship? I remember in the first interview, my wife's income was not enough for the financial support, but I happened to have good income job at the time, so the officer finally passed our interview. Now, she stayed at home study with only part time job. I still work.
 
xgddcn said:
could you please explain a little bit more about the relationship between her taxes and the sponsorship? I remember in the first interview, my wife's income was not enough for the financial support, but I happened to have good income job at the time, so the officer finally passed our interview. Now, she stayed at home study with only part time job. I still work.
Click to expand...

There is no requirement for taxes when filing i-751 except as evidence of bonafide marriage if you filed taxes jointly. But I think you should try and work on your marriage instead of thinking about i-751 at this time. You have until when your conditional card expires to file i-751.
read this primer at ilw it should help you with your dilema
 
I guess you can hang on that marriage. But still she needs to sign for your I 751. If you still married and she wont sign then, your I 751 will be denied.
But if you get divorce before you can file I 751 independently.
USCIS won’t accept separation.
So if you hang on to this marriage, you have to get her sign.
If you divorce you can file independently
 
AzBlk said:
There is no requirement for taxes when filing i-751 except as evidence of bonafide marriage if you filed taxes jointly. But I think you should try and work on your marriage instead of thinking about i-751 at this time. You have until when your conditional card expires to file i-751.
read this primer at ilw it should help you with your dilema
Click to expand...

What! I mean you have to meet the requirement above poverty level when you file for removal just like you did on your inital aplication. Id does not matter if they filled jointly or seperate they still have to meet that majic number based on their fmily size and state or fesidence., else they would need a sponsor.
 
Indian_Citizen said:
I guess you can hang on that marriage. But still she needs to sign for your I 751. If you still married and she wont sign then, your I 751 will be denied.
But if you get divorce before you can file I 751 independently.
USCIS won’t accept separation.
So if you hang on to this marriage, you have to get her sign.
If you divorce you can file independently
Click to expand...

You are absoloutelly right. Get her to sign it and again get her income tax return or transcript, because you will need that and her signature on the form and the rest of all you submitted last time and any update on leases, etc. So yes I'll work on the marriage but utmostly get her to sign your form for you... I tell you give a weeks vacationa try, just the ywo of you, and you will get your wife back or she will part ways for good but still signs the form....... "love" is a strong portion........lol.
 
thanks azblk, the article really helps. actually I was planning to file the divorce a year ago, the thing was I did not want to give up my marriage at that time, so I kept trying all kinds of ways and hope we can work it out, it turned out to be useless. honestly, i might belong to the mental abuse and financial abuse. anyway, it is long story...
 
Indian_Citizen said:
I guess you can hang on that marriage. But still she needs to sign for your I 751. If you still married and she wont sign then, your I 751 will be denied.
But if you get divorce before you can file I 751 independently.
USCIS won’t accept separation.
So if you hang on to this marriage, you have to get her sign.
If you divorce you can file independently
Click to expand...

I am going to try the second option.
 
godisgoodtome said:
You are absoloutelly right. Get her to sign it and again get her income tax return or transcript, because you will need that and her signature on the form and the rest of all you submitted last time and any update on leases, etc. So yes I'll work on the marriage but utmostly get her to sign your form for you... I tell you give a weeks vacationa try, just the ywo of you, and you will get your wife back or she will part ways for good but still signs the form....... "love" is a strong portion........lol.
Click to expand...

thanks godisgoodtome, my wife is not a normal woman, if I told you all my experience during last two years, you will never believe it.
 
xgddcn

Maybe you think you are along but a somepoint during all our marriage I am sure in these forum we all have been experience some strange things in between couples because of culture or gender diference or even craziness of our partner..

Don't think you are along in these one try to manage the situation toward you as well, don't give up that easy sometimes i know sometimes it can turn really blurry! Hey sometimes the gulty ones are us and we tent to blame our couple broo! check yourself because What you think is normal for other is not.....

Try to accept some more of her behaivor as well.


so take a look at your relationship, sometimes it doesn't turn the same way you been thinking of all these years a marriage live to be..
 
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