John

Hi guys,

I never thought I would have to write something like this, but here I am.

I am an Irish citizen, married to an American. I have conditional permanent
residency and need to file before June to have the conditional status
removed.

Unfortunately (an understatement), my wife cheated on me, and is pregnant
by another man. Our marriage is over :-( She wants a divorce straight away,
gave some excuse about needing to get support for baby(she is 5 weeks
pregnant) and being married to me complicates things.

Apart from the devastation I am experiencing, I do not know what I can do
as far as immigration goes. She wants a divorce and is adamant. I believe
we were joint sponsors. i.e. at the time, our combined income was
sufficent.

Do I have any options?

Thanks for any advice. John

Jonathan McNeil Wong

John wrote:
    > Hi guys,
    >
    > I never thought I would have to write something like this, but here I am.
    >
    > I am an Irish citizen, married to an American. I have conditional permanent
    > residency and need to file before June to have the conditional status
    > removed.
    >
    > Unfortunately (an understatement), my wife cheated on me, and is pregnant
    > by another man. Our marriage is over :-( She wants a divorce straight away,
    > gave some excuse about needing to get support for baby(she is 5 weeks
    > pregnant) and being married to me complicates things.
    >
    > Apart from the devastation I am experiencing, I do not know what I can do
    > as far as immigration goes. She wants a divorce and is adamant. I believe
    > we were joint sponsors. i.e. at the time, our combined income was
    > sufficent.
    >
    > Do I have any options?
    >
    > Thanks for any advice. John

Can't really advise you about the divorce; it's a matter of state law,
and laws vary from state to state.

I do know that unless you are divorced by June, you won't qualify for a
waiver until such time as you are divorced. So if it's over, and if you
are now within your 90 day window, file the I-751 as a waiver
application. When you get to your interview, if your divorce is final,
and given the circumstances, it seems likely that the conditions will be
lifted.

But: see an immigration lawyer first, because in these situations you
can never give all of the pertinent facts, and different facts might
change my response.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

mutabi

    > Can't really advise you about the divorce; it's a matter of state
law,
    > and laws vary from state to state.
    > I do know that unless you are divorced by June, you won't qualify for
a
    > waiver until such time as you are divorced. So if it's over, and if
you
    > are now within your 90 day window, file the I-751 as a waiver
    > application. When you get to your interview, if your divorce is
final,
    > and given the circumstances, it seems likely that the conditions will
be
    > lifted.
    > But: see an immigration lawyer first, because in these situations you

    > can never give all of the pertinent facts, and different facts might
    > change my response.

Well, we were married in Oklahoma, so divorce takes 6 months to be
finalised, and I have not been served yet, so there is no chance of a
divorce being finalised before June. We are supposed to file between
April 13th and June 13th (if my memory serves).

Right now, I am in Ireland, trying to recover, so seeing an immigration
attorney is kinda out of the question, not to mention the fact that I
can't afford it.

As I see it, I can just go ahead, and file the correct papers, since I
won't be divorced before the deadline.

Or, try to file a waiver.

Or, write up the last 3 years as the biggest waste of my life, and try
to start my life over in Ireland again.