real problem?

F

fulloffury

New Member
My US ctizen wife has told me she wants out and wont help me remove the conditions of my green card (in 6 months).

I am a business owner and paid the lease with an option to buy a house in the coming months.

If i dont file the waiver do i still have the ability to run my business here in the US? Surely i will be given time to sell the business if i fall out of status?

Please help me i cant see a way out of this. My wife has really caused me problems and she is now wanting to be with a colleague of hers. Who she apparently has a history with!
 
This is the way I look at it !

fulloffury said:
My US ctizen wife has told me she wants out and wont help me remove the conditions of my green card (in 6 months).

I am a business owner and paid the lease with an option to buy a house in the coming months.

If i dont file the waiver do i still have the ability to run my business here in the US? Surely i will be given time to sell the business if i fall out of status?

Please help me i cant see a way out of this. My wife has really caused me problems and she is now wanting to be with a colleague of hers. Who she apparently has a history with!
Click to expand...

fulloffury,

If your wife is trying to cheat on you, there is not much you can do, can you ? If you were sincere with her and she is the one who wants to walk out of this marriage, I am sure you will be able to prove that before the judge. This will show that you never married your wife to obtain a green card. You wanted to spend the rest of your life with her. It's she who wants to break this marriage leaving you helpless.
 
sorry to hear that dude, like the above poster explained if your intentions were right and can prove it to judge you will be alright.
 
fulloffury, if you don't file for removal of condition, my understanding is running or selling a business will not be a consideration for extending your legal stay or not initiating removal proceedings against you.

However, you can remove the condition by yourself if you can prove that you entered into the marriage with good faith intentions. For you to remove the condition alone based on the bona fide marriage waiver, your divorce has to be finalized. Worst case, you can file based on one or both of the other available waivers to remove the condition jointly (extreme hardship, maybe related to your business, or battered spouse, perhaps related to your wife's unwillingness to jointly remove the condition with you); it may help you to timely file for removal and keep the process going until your divorce is finalized (the other two waivers require very strong evidence, and even if you think your chance of approval based on them is not great, at least you can try to buy some time with them). There were some recent threads on this by others, try to find them. But the key is, if it is certain she doesn't want to remove the condition with you, then you need to divorce and finalize the divorce ASAP in order to file for the waiver based on having entered into a good faith marriage.
 
Last edited by a moderator:
File an I-751 as soon as the divorce is final or the 2 year GC expires within 90 days, whichever occurs earlier. As long as the marriage was entered into with good faith, you will most likely be allowed to keep your GC status.

fulloffury said:
My US ctizen wife has told me she wants out and wont help me remove the conditions of my green card (in 6 months).
Click to expand...
 
If you want to legally stay in the US, you HAVE to file for removal of conditions. There are plenty of documented cases of divorced GC holders successfully petitioning with a waiver, but you will need to be able to present proof of a genuine marriage.
 
And you need to get your divorce decree on hand...Just take in mind that if she files for divorce, try to know at least if she is going to demand some assets or other things from you, since you own a business...and family law varies by state. If you get in a contested divorce that can takes months. You need to check out all your possible scenarios with a family-law lawyer AND an immigration lawyer.

Good luck!
 
Thanks for all of your replies guys it is really comforting to have people to talk to about this.

I have spoken to her about the divorce and how it is still ok for me to file a waiver. Her response is to threaten to go and get an annulment? For some reason she seems intent on me returning home and i think it is so she can feel more relaxed with her new man.

What does an anulment entail? I have read that i can contest it but surely it will again make things more difficult for me?
 
fulloffury said:
What does an anulment entail? I have read that i can contest it but surely it will again make things more difficult for me?
Click to expand...

An annulment means that the marriage never occurred. You absolutely MUST contest this, if she wishes to pursue this avenue. Your life will be much, much harder if it goes through.

If the marriage was consumated, you were both sober and not legally incompetent at the time of the marriage, you are not blood relatives or were married at the time of the wedding - then an annulment is pretty much impossible.
 
You are going to remove condition in 6 months,. meaning you were married for 1.5 years at least. I don't think she can annul the marriage that lasted 1.5 years.
 
fulloffury, sad as it is, looks like it's better if you keep the future course of your immigration strategy to yourself and don't share it with your wife. In any case, document any attempt that she makes at getting your GC revoked; it may be somewhat useful for a battered spouse petition. But more importantly, gather all documents now that you'll need to show you had a good faith marriage. They will be much harder to get once both of you go your separate ways.
 
You must log in or register to reply here.
Top