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Divorce after application of Removal of Conditional Green Card- Haven't interview yet Permanent Residency

Discussion in 'Green Card, Residency, Naturalization' started by skyyblue, Aug 22, 2007.

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  1. skyyblue

    skyyblue Law Topic Starter New Member

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    I am desperately seeking for advice or any comment for my case.

    I came to US as international student in 2001, met my husband in 2002 in Colorado while we were in school. I moved to California because I could save more money. We still kept long distance dating until Feb 2005, he proposed and we got married a month after that in California. He couldn't find a job and I was still finishing school. He left me and was back in Colorado, came and saw me once a while.

    We had a bank account and he never put any money in there. Only me. He was gambling and we were fighting and even thought about divorce. However, during the last 2 years he made up sometimes and promised me that we will start to build a family when I move to Denver after my graduation. I gave him another chance with timeline to see if he will really change. During that time, I was up for a removal of my conditional GC.

    We just filed the Removal of Conditional GC and I hired a lawyer since we did not live together at the same address for a while and because I withdrew all the money in our bank account for a year and left nothing in there. And because we were in a very terrible stage of marriage. He signed the I751 but provided nothing as he told me that he would send beneficiary paper work with my name in it. We did not even file tax together in 2006 because he said he owed the IRS too much money and he didn't want to file with me.

    Two weeks ago, he quitted his job and I got a call from his brother telling me that the cop was looking for him because he shoplifted in a store. He ran away and no one in the family could contact him. He called me a week after and told me lies about met with the cops already and sent me the beneficiary papers already. Today he called and he said he is heading to Vegas to gamble, borrowing from a friend since I would not give him money to gamble. I hung up the phone and he left a voicemail threatening me that I need him to go to the interview with me or I will not get the green card. And he will keep all the paperwork and show them at the interview so i better not bitching at him anymore.

    I am devastated with stress from filing paperworks and hurted from the abuse of my husband. I am typing this with tears and will file for a divorce. I will meet my lawyer next week and discuss about what are the effects on my status if it happens that way.

    I just need you to give some advices or any opinions if possible on what will happen with my case. I just graduated and just started a job in a very good accounting firm for a month. I need not these type of trouble and I want to keep my job here. Please help me.

    Thank you.
     
    Last edited: Aug 22, 2007
  2. mafioso

    mafioso New Member

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    I think you are doing the right thing meeting with an immigration lawyer. If you have enough pictures, bills, insurance, and a lot of things which show you guys have been acting, living, and coordinating as a real couple, the immigration officer might understand. They would realize he is trying to take advantage of you situation. The proof of your marriage would play a large role. But then, he needs to be at the interview or you card will expire and not be renewed. Unexplained no show by him could hurt your case permanently ….When does it expire? I would advise you try to help him so he can help you. Give him what you can afford…………If your GC is not renewed, you would face a hard time and spend a lot of money compared to what he is asking. You are almost there. You can divorce when you get your permanent GC for 10years. Be the fool for now or your might be the looser. The immigration systems favors the citizen in every country and would love to have an excuse to tell you NO! He could claim it was a marriage to get you papers…….That would make you deportable and inadmissible into the USA. He might not be playing fair, but he could hurt you big time. The fact that you have not been living together even bores more holes to your immigration case………..Legal you could still be approved if they feel he is trying to hurt, yet it is a real marriage…..your lawyer will explore that. An immigration appeal case if you are not approved for your green card would take many years…….Also check with your job if they can switch you to an H1B visa if your temp GC expired.
     
  3. skyyblue

    skyyblue Law Topic Starter New Member

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    Thank you so much for replying. I really appreciated it.

    In my case, the card expired on August 11, 07 and my husband and I already signed the I751 together to remove the conditional GC for me. My lawyer did all the paperworks and she also requested a lot of proofs since we didn't live together for a long time. I got pictures, cards from him, proof that we went to the same school, same classes. However, when I asked him to write the letter explaining why we did not live together and why we got married, he delayed to send it to me until after my lawyer filed the I751. I just got the receipt for the application, meaning it will allow me to stay and work legally until the INS have the result for my case- to grant me the 10 yrs GC or not.

    So after we filed the removal of conditional GC together, he turned his back and asked for gambling money, and broke promises he gave me. (He promised me that he will change and we will live together in Denver when I graduated. I waited to see if he really changes and see if he could be able to keep a job for more than 3 months. He didn't!)

    So now, my lawyer said for sure my case will get denied and we will have to either go to an interview or submit more paperworks to prove that the marriage is true even though we do not live together now.

    Until I got the letter from the INS for more information, I am okay. But if they request an interview, I don't think I can persuade my husband to go with me because he is unreachable. At this time, I want to file a divorce because I cannot stand to be abused verbally and mentally like this.

    Here is my question:

    - Can I file divorce right now? What if the interview request both of us and I already filed for divorce?

    - Even if I don't divorce, he wants some money to gamble because he thinks I need him for an interview. I HAVE THE VOICE MESSAGES OF HIM THREATENING ME AND ASKED FOR MONEY. Can I take that out as the proof to show why I file for divorce? I also have his letter saying that we went to marriage because we love each other, and he broke his vow and left me in CA, that he was a bad husband. Can I have it to prove that we married faithfully and truthfully? We have no properties together. The joint bank account is empty because my husband would withdraw every penny out for gambling if I put any in.

    In my letter to the INS, I explained to them that my husband was different when we were in school, caring and loving. Now things changed and he cannot keep a stable job, gambled and smokes and drinks.

    My other question:
    - He also had the criminal record of DUI. Will the INS see that and know that I cannot live with this person anymore? Things just happened after we got married. Before the marriage, everything was fine and he was a good person.

    What do you think my chance would be? Thank you so much... You are a good law student.
     
  4. mafioso

    mafioso New Member

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    You can file for divorce now but it could put you in LIMBO. Your lawyer will inform them and send them a copy. But their reaction is unpredictable. It varies from one case officer to the other. You know in law you can take the evidence and paint it to whatever charge you want depending on what evidence you decide to magnify. Some could say it was a false marriage and use his harassing you as evidence that it was arranged to get you a GC and now he wants more money. They would use the fact you have not lived together for the past couple of years against you…………the fact that you studied together would be like he tried to help you as a friend. So it is not necessarily the good evidence you think……….It might hurt you instead….talk to your lawyer about it. IT could be viewed both ways. Love letters would help more instead of letters saying why he loves you or why you got married. No joint accounts or property hurts even more. Some officers might give you a time frame to leave the USA or ………deportation list or hearing. A nice case officer might see with you and renew your green card after all what you have endured. They have a huge latitude and discretion. There is a law which would grant an immigrant under your circumstance a GC if suffered from abuse and get a divorce….. It has been used in many cases which had success. It is something you could research more on. But I don’t know if non violence abuse would qualify.

    One thing immigration assumes by law it that everyone wants to stay in this great country. So the burden of proof is on you to show that it is because of the marriage and not economic……..immigration law assumes you are to prove yourself beyond a reasonable doubt not the way in criminal law…the reverse. So they would not focus on his behavior after he changed nor the way he treats you. They would focus on what are the initial evidence show the union was genuine from the start and while things were good. His behavior now would not be a reason to why the marriage evidence is not well documented……..that is how they will look at it. His DUI will not affect the case in any way. Even if he had a felony it cannot be used against you or him in an immigration case. The DUI charge comes even to people of good moral standing.

    Yes they will obviously invite you both for interview and in separate rooms to try collaborating your story…… That would be hard. They would come at you hard. They could deny your case if he does not show…..unexplained. You would need luck; some of them are really lineate and understanding and could give you a free pass. If you are divorced, they would not call you for an interview together. They might just make a judgment on the case based on the facts they have…….up or down to give you or not…..depending of if they believe it was genuine marriage from the start. Another option is warning to leave the USA. You will the appeal on several grounds……..it could take even 5 years for final resolution. But during that period, the will renew or give you a work permit under certain conditions.

    Well, your chances of success without divorce are fifty-fifty. Believe me it could go either way. ……..These immigration guys are more understanding that their stern public image. If you divorce they could still have sympathy based on the evidence and your claim of abuse and give your GC. It is however hard to tell because they come down on different sides in two case with the same evidence. They have a wide discretion in their decisions. One officer can grant what another would not and that is okay. Remember what matter to them the most is; was it genuine not what the guy has become. Look at only your proofs…..emails, text, his phone number on your bills, air tickets to see you, pictures, bills,, the reason why you lived apart….etc.

    Thanks for your kind words, we try to help when we can. I come hard on you so you see their side. I understand you have been through a lot just have faith and you would be fine.
     

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