What are my chances?

Slug71

Registered Users (C)
Hey guys,

Well my wife, exwife to be, and I got together at the beginning of 2006. We got Married in September 2008 and filed for my Green Card which i got on the the 19th of December 2008. 2 year conditional. Well towards the end of October this year i found out she was cheating on me with a guy we both worked with and she decided to leave me for him. We all worked at the same place. Anyway, as i result i was the one that lost my job. She kicked me, her sister, sisters fiance and their baby out of the house and i been staying with them since. They were living with us while they were searching for an apartment as the place they were staying in before, we(my wife and I) were in the process of buying and planned to tear the existing place down and build a new house. Anyway, we only had one vehicle which we shared considering we worked at the same place. She decided to keep that and everything we had got together. They have already moved into their own place as of the middle of November with everything.
Anyway on the 19th October 2010, the window for me to apply for the conditions to be removed opened and my card expires on the 19th December 2010. I know the clock is ticking and i dont have much time but with everything that has happened and considering i have no job or vehicle, it been very hard and i contemplated just going back to New Zealand where my family is.
Well im getting everything together now, but just wanted to know what my chances are now that i will be filing with a waiver from my joint petition since my ex wont help me with anything and is trying to make things as difficult as possible. She said she will write me a letter that the marriage was entered in good faith, which it was, and that the marriage ended at no fault of mine but im not even sure if she will give it in time or play games with it leaving it as late as possible or leaving details out.
Her Sister and fiance and friends of ours, her dad and my family will all send affidavits of support and i should have copies of birthdays, fathers day, mothers day cards etc. I also, unless she has thrown it away, have a certificate of a renewal of our vows ceremony which we did in New Zealand last year. Unless shes thrown it away, there should also be a lease and utilities and possibly bank statement with both our names on it. But again, she may have thrown it away.

Any and all feedback would be much appreciated.
Thanks in advance.
 
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With all the info that you have provided I'd say you have a very strong chance for a waiver, even if your inlaws or wife stop co-operating, if you have a divorce decree with the reason of divorce as her infidelity then you should still do ok, but for right now just get all that you have mentioned herein and hope all goes well.
 
Thanks, really hope so!

All i have at the moment is a copy of the joint petition file of divorce papers which is signed and should already have been mailed in by her but not sure and that is all i will have by the time i send my stuff in next week. Will hopefully have more by the interview time.
 
Besides your immigration issues, there are significant problems with what you report regarding your divorce. She cannot kick you out of the marital home; it requires a court order to grant her possession. She cannot just take the car and other possessions if it is also part of the marital property. I hope you have your own divorce attorney and are not relying on hers. If not, do not do anything else regarding signing divorce papers until you consult with one.
 
These dates do not tally. You got a 3 year conditional card???

filed for my Green Card which i got on the the 19th of December 2007. 2 year conditional. Anyway on the 19th October 2010, the window for me to apply for the conditions to be removed opened and my card expires on the 19th December 2010.
 
Besides your immigration issues, there are significant problems with what you report regarding your divorce. She cannot kick you out of the marital home; it requires a court order to grant her possession. She cannot just take the car and other possessions if it is also part of the marital property. I hope you have your own divorce attorney and are not relying on hers. If not, do not do anything else regarding signing divorce papers until you consult with one.

Exactly my thoughts regarding all that.
We were renting the apartment we were living in and she said she was moving out and me being jobless wouldnt have been able to afford the rent there. Though she didnt give me and her sister and her fiance the option to take over the lease and she move in with her BF.
As for the the lawyer though. I really cant afford one at the moment. Have called legal assistance and they were completely useless. Basically said because the marriage was so short that there is nothing much i can do.
 
Also the instruction sheet for the I-751 says to include a fingerprint card. Do i need to obtain one, fill it out and send it in and then they do the prints when i get called in for the interview or do they take care of all that when i get my date?
 
Also the instruction sheet for the I-751 says to include a fingerprint card. Do i need to obtain one, fill it out and send it in and then they do the prints when i get called in for the interview or do they take care of all that when i get my date?

First of all, re-read the I-751 instructions, the fingerprint card is for the EXCEPTION filing. That's not you. You should go ahead and file for the waiver but if your divorce is not final when you are called for interview, they may send you to the immigration judge. That's OK, it will give more time to finalize the divorce. The judge can grant the waiver in that case, if eleigible (and it really sounds like you are).

As for your divorce, the I-864 makes her financially obligated to you even in the event of divorce. You did not have to fill out the I-864, so, maybe you never read the form and instructions. Do so now.
 
First of all, re-read the I-751 instructions, the fingerprint card is for the EXCEPTION filing. That's not you. You should go ahead and file for the waiver but if your divorce is not final when you are called for interview, they may send you to the immigration judge. That's OK, it will give more time to finalize the divorce. The judge can grant the waiver in that case, if eleigible (and it really sounds like you are).

As for your divorce, the I-864 makes her financially obligated to you even in the event of divorce. You did not have to fill out the I-864, so, maybe you never read the form and instructions. Do so now.

Thanks BigJoe5

Will read those instructions now.
 
Exactly my thoughts regarding all that.
We were renting the apartment we were living in and she said she was moving out and me being jobless wouldnt have been able to afford the rent there. Though she didnt give me and her sister and her fiance the option to take over the lease and she move in with her BF.
As for the the lawyer though. I really cant afford one at the moment. Have called legal assistance and they were completely useless. Basically said because the marriage was so short that there is nothing much i can do.

Call your local law school to see if their legal clinic accepts clients such as you. You can represent yourself if you are willing to do a lot of research. Look through the freeadvice and expertlaw family law forums.
 
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