QUESTION
How does the I751 application get affected by a divorce?
Asked on Apr 15th, 2012 on Immigration - California
More details to this question:
I am married to a US citizen since 2008. I am due to file for my I-751 but my husband does not want to sign the paper not unless i give him the money i recently received from income tax. this past few years he is the one receiving the income tax even i am the one whos working. but this time i told him no since we already have a child and i have debts to pay and i will use the money for our daughters first year birthday. so he told me he will not sign the paper. we are also not in good condition anymore. he has been cheating on me. although he said it is only for sex and he still want me as his wife. He is also verbally, physically and mentally abusing me but i dont make any police reports because before when he hit me i called a police on him and he was put in jail(but i didnt cooperate and few evidence so he got out), i wish him no harm. Recently I talked to him about filing a divorce since i cant tolerate his cheating and abusiveness. as well the abuse from his family. we both agreed in a condition that i will get full custody of the child but he will not pay child support which is ok because i am the provider anyway and he doesnt give me a penny at all, but when we are about to start on the process of divorce, he is threatening me that he will tell the immigration that our marriage is fraud and that i raped him thats why we have a child. He took all our pictures, income tax, letters and evidences i can show the immigraiton of our relationship and some letters admitting his mistake and apologizing to me. i did fought back, i tried to get my things back. but he drove off and our daughter was left alone in the apartment so i called 911 because he doesnt want to stop and my daughter was abandoned...to make story short, he is currently in jail right now. i dont know if he will be release soon, but i am about to file for restraining order. My question is, since i dont have much evidence through our marriage what can i show the immigration people.
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You need a consultation to go over the options you may have to keep your permanent residency even if he won't sign a joint petition. In some cases you can self-petition as a divorced spouse, if there is extreme hardship or abuse. These are complex cases to evaluate so I suggest you schedule a consultation to review the specifics of your case with an immigration attorney.
Answered on Apr 20th, 2012 at 1:47 PM
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
Petition to Remove the Conditional Residency and the Divorce Waiver While the Green Card has already been received, it is necessary to file what is known as the Petition to Remove the Conditional Residency. If this is not properly filed within 90 days before the expiration of the Conditional Green Card, the status will be automatically terminated. My office can file everything necessary to show that the marriage was bona-fide and that the USCIS should remove the condition in order to issue the permanent lawful permanent residency card. Please note that in some cases, even though the spouse does not want to help file the petition to remove the conditional residency, or there has been a divorce, it is still possible to get the Petition to Remove the Conditional Residency filed. Sometimes, the marriage simply does not work out. In cases like this whereby the marriage has come to an end, or will be coming to an end, a Divorce Waiver can be filed in conjunction with the Petition to Remove the Conditional Residency. When we prepare the Divorce Waiver, we will show in detail how the marriage was bona-fide and the reasons for the divorce. If the divorce has not yet occurred or is not yet final, then we must file an Extreme Hardship Waiver if the spouse will not help with the filing of the Petition to Remove the Conditional Residency. Attorney Fees (Filing Fees and Costs not included)
Answered on Apr 20th, 2012 at 11:32 AM
You can file on your own if you are no longer in a bona fide marital relationship or will be divorced. However, the burden of proof will be greater upon you to prove that the marriage was bona fide from the time it was entered into and through its termination. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Apr 18th, 2012 at 2:32 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
Update Your Profile
If you are a victim physical abuse, you should not hesitate to file a police report. You don't need his cooperation to file a divorce. You can file the I-751 as a divorcee self petition. You merely have to prove that it was a real marriage.
Answered on Apr 18th, 2012 at 1:45 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
I wouldn't let your husband blackmail you. You should be able to file for a divorce and apply for your 10 year green card at the same time. As long as you have proof of the marriage, it should be a fairly easy case.
Answered on Apr 17th, 2012 at 2:56 PM