What happens to Conditional Status (Green Card) if Divorce is filed?
onlysurvivor
wife was having an affair and I thought we had resolved the issue and
we could continue on with our marriage.
Recently I found she has retained a divorce attorney with funds she
has been removing slowly from our joint account.
We were married in the US in Feb 2000. She applied for her
conditional status change (K1) to resident immediately. Which means I
believe that anytime after our 4th Wedding aniversery she could
divorce me and not loose her ability to stay in the US. Does anyone
know if this is true?
She has not as yet formalized any filings but it seems that her intent
is obvious and also it seems that this was planned previously from
information I had translated from emails sent by her from my computer
as much as 6 months ago. She is Russian and communicates with her
friends and family in phonetic Russian using english alphabet, but I
was able to find an translation company who would translate it for me.
I was shocked! Now I am wondering what I should do since her
communications also refered to joint property and bank accounts.
I have retained an attorney also who's recommendation is immediate
divorce, well not so easy in California or inexpensive. This could be
drawn out for a long time and cost LOTS of money.
I am REALLY worried here! Can anyone give me a clue what will happen
if I file for divorce and send copies to INS regarding her A#?
Thanks
TheWanderer
woman.
If i was you I would have a talk to INS about getting her booted out of the
country for trying to fraudently trying to obtain a green card. Or known as
marriage fraud.
If you can get her booted then it would save you a lot of time and money.
Then get a divorce ex parte.
"onlysurvivor" <only1s...@yahoo.com> wrote in message
news:28436ace.03100...@posting.google.com...
Ingo Pakleppa - see web site for email
recommendation would be that you do get divorced. Since she seems to want
it, as well, with luck it may be fairly painless.
Forget about the Green Card issue. I recently heard somebody say that
"considering revenge is like drinking poison and waiting for the other
person to die." Let her have it - just get her out of your life. You will
probably be much happier for it.
By the way, if she hasn't received her unconditional Green Card yet, do be
prepared for a very nasty fight. Without your cooperation, it will be very
difficult for her to get the unconditional one. She may have to allege
abuse.
And finally, do be careful with using these translated emails. There have
been some court decisions recently that even between spouses, reading each
other's emails surrepetitiously can be criminal. On the other hand, they
could of course also be evidence that she had planned this all along, and
that any allegations are false.
Your belief is not correct. The only way she can stay in the US
permanently is if she has a unconditional Green Card. She will get an
unconditional GC under two circumstances:
- if the adjustment of status is approved after your second anniversary
- if she files an application to remove the condition shortly before two
years after getting the Green Card (it's not the wedding anniversary that
counts here!), and this application is approved. Note that this can well
take another year or two.
You say that she filed her AOS in Feb 2000. Was that approved before Feb
2002, or after? If it was approved after Feb 2002, she would never have
received a conditional GC, but rather immediately an unconditional one.
If it was approved in, say for example, December 2001, then she would have
to file her removal of condition between October and December 2003 (that
is, right now). The condition might then be removed whenever CIS (INS no
longer exists) wants, maybe in December of 2004, or even later than that.
For that removal of condition to be approved, she would have to show up
together with you at the interview, be still living with you and not be in
divorce proceedings.
If she can't do that, then she has to show that she entered the marriage
in good faith and not for immigration purposes. Or she has to show that
she left you because she was a battered spouse.
--
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Mitty Mit
First of all ,I got offended by your ignorant comment about russian women.
I'll tell you shortly my story and at the end,you decide what's up.
We got married in '99 in Moscow,we were planning long 'happily after' but
then she decided to go back in USA.
I had a choice:move in USA with her or stay over there .SO I came.
Shortly after ,she started 'showing moods'.You see,I found out that she was
married another Russian guy before me and divorced him shortly before .So
with all those moods I started suspecting that something's wrong.I tried to
talk with her and work it out,even payed for her to go see a shrink.Nothing
helped.Side note:I came in USA in Aug.1st,and I found a job and started
working on Aug. 4th.
Suddenly she told me that she is not going to helping me out anymore
transportation wise.It meant that I had to get to work and back on my
own,and living in small town its a bit difficult.And that's about 2+ months
after I came.
I discovered totally different person in my former wife,but later about it.
In a mean time I was working and earnd to rent us a place(since she was
living at her mama's after coming back from Russia).We moved in and few days
later she just told me that she got tired of me.Simple as that.What a
bummer.By that time ,in about 4 months I probably lost more nerves with that
twat then for the rest of my life I ever will.
So I decided to move out and I did.
She was threating me through emails in ALL possible ways.One day she even
wrote me that she's gonna report me to police and I will get arrested for
leaving her.Another time she was threating to report me to the INS and i
will be arrested and deported involunteerly.She wanted me to buy a ticket
and fly back in Russia.So I started looking in an immigration law.I knew
nothing about ti till the day "I left" her.
So I learned alot of things and my case started looking more like battered
spouse,BUT I never filed abuse of the spouse paperwork,Actually I had to do
nothing but file removal of conditions on my own .
So in two years since I came in USA I got a letter from INS where they
seting up a date for my second interview.I was kinda worried because I
though I will hve to face an "ugly" buracracy and all kinds of clerks and
etc who'll be checking my ass with the mocroscope(not that i have anythign
to hide) .Still I was worried.So I hired a lawyer.It was a chiness guy in
New Orleans.He seemed to be trustworthy but right before the interview I
decided to change a lawyer .I cought him in lying to me and thats not the
way to do business.So eventually I found a lawyer who did calm me down a
bit.And we went on the interview.It went VERY smooth.Nicest lady ,about 65
did question me about everything that happened.Asked for facts and time
frames.Within 20 minutes we were done and I heared:"CONGRATULATIONS!! "
Thats the story.
Decide for yourself the moral of it.
My point is that nothing wrong with most of the Russian folks.Cheaters and
twats like my former wife happens to be everywhere and you got to watch out
for yourself and be truthful and honest on your behalf.If your 'clean' you
aint got to worry about thing.
Best regards,
Dmitriy
"TheWanderer" <nob...@spamcop.net> сообщил/сообщила в новостях следующее:
news:LEMgb.1260$tk1...@twister.austin.rr.com...
Michael
> Here's some thoughs from Russian immigrant:
>
> First of all ,I got offended by your ignorant comment about russian women.
>
This Russian guy is a typical fraud. Thats what worries me about
BCIS. His story makes no sense and if he is teling the truth, he got
away with it. Why would his wife change all of a sudden ? And if his
marriage fell apart the way he described, why wouldn't he go back to
Russia since there was nothing for him here ? If he didnt know
immigration law, then how did he know what evidence to take with him ?
Also I doubt the whole story. He says he got married in 1999 and has
been through the entire process to remove conditions. Yet I was
married in 1999 and my ex wife is still waiting for any notice from
BCIS and it will be at least another year or two at least before they
decide her case.
Michael
>
Could you tell us what evidence you provided for the waiver and how
did you get processed so quickly ?
Mitty Mit
You question my honesty and then ask about evidence that I presented? The
EVIDENCE I presented was good enough for the immigration officer in New
Orleans,and thats who got me approved.
I am not really worried if you believe me or not.No big deal.I dont care
about opinion of people like you.You have no idea how many times I was
called Russian spy or KGB or even LIAR. I don't care.Whats more?I never
have!
So peace for you,bro.Good luck on waiting for the BCIS .
Me.
"Michael" <michael...@aol.com> ???????/???????? ? ???????? ?????????:
news:9877538f.03102...@posting.google.com...