Playdoh123

I have a friend who married a US citizen in good faith in the year 2000. Since
this time she has realized the marriage was a mistake and she wants a
divorce.Her husband has been somewhat mentally abusive towards her and had
threatened her in the past with deportation when they had arguements. She filed
form I-751 (Petition to Remove the Conditions of Residence) in Feb of 2003. At
this time the INS has said approval of I-751 is taking 20 months. She is
afraid to file for divorce fearing her husband may deport her because she isnt
a permanent resident. Due to the fact her I-751 is still pending does she have
any options here that will allow her to stay in the country if she files for
divorce now ? Any advice would be appreciated!

Blank

The Battered Immigrant Women Protection Act of 2000 (BIWPA) made significant
amendments to section 204(a) of the INA. Self-petitions may be filed
according to the amended requirements but adjudication may be delayed until
rules are published.


"PlayDoh123" <[email protected]> wrote in message
news:[email protected]...
    > I have a friend who married a US citizen in good faith in the year 2000.
Since
    > this time she has realized the marriage was a mistake and she wants a
    > divorce.Her husband has been somewhat mentally abusive towards her and had
    > threatened her in the past with deportation when they had arguements. She
filed
    > form I-751 (Petition to Remove the Conditions of Residence) in Feb of
2003. At
    > this time the INS has said approval of I-751 is taking 20 months. She is
    > afraid to file for divorce fearing her husband may deport her because she
isnt
    > a permanent resident. Due to the fact her I-751 is still pending does she
have
    > any options here that will allow her to stay in the country if she files
for
    > divorce now ? Any advice would be appreciated!

Spammers May Lease

[email protected] (PlayDoh123) wrote in
news:[email protected]:

    > I have a friend who married a US citizen in good faith in the year
    > 2000. Since this time she has realized the marriage was a mistake and
    > she wants a divorce.Her husband has been somewhat mentally abusive
    > towards her and had threatened her in the past with deportation when
    > they had arguements. She filed form I-751 (Petition to Remove the
    > Conditions of Residence) in Feb of 2003. At this time the INS has
    > said approval of I-751 is taking 20 months. She is afraid to file for
    > divorce fearing her husband may deport her because she isnt a
    > permanent resident. Due to the fact her I-751 is still pending does
    > she have any options here that will allow her to stay in the country
    > if she files for divorce now ? Any advice would be appreciated!
    >

Your friend should seek advice from an immigration attorney. She has
nothing to fear as long as she collects plenty of evidence of a bona fide
relationship and marriage. Since she already holds conditional
residence there is no need to use the Violence against Women Act(VAWA)
suggested by another poster. In fact, she would not meet the standard
required if your description as "somewhat mentally abusive" is accurate.
That program is reserved for those spouses who have been battered or
suffered extreme mental cruelty. Unless you have really diluted the level
of "abuse" she has endured,the VAWA would not apply. An INA 216(c)(4)(B)
waiver of joint petition is all she needs.

Cf

I went through the procedure of removing my conditional permanent
residence some 4 years ago (I am now a US citizen). I got my residence
through my wife who was/is a US citizen.
I'm quite sure that in filing the I-751, you really do not need to do
much more to prove marriage than that which should have already been
submitted to get the conditional residence. It's more of a formality and
(in my opinion) another method for the INS to make money and deter
applicants!
When I went for my interview, and it really wasn't much of an interview
at all, the officer barely looked at the documents - he just took my
temporary green card, stamped my passport with a temporary proof of
permanent residence (stamp valid for 3 or 6 months, can't remember) and
told me to expect my permanent green card in the mail within 3 months!
And just so you know, that 'permanent' green card is only valid for
another 10 years! I presume it would have to be renewed every 10 yrs
(again, another opportunity for the INS to make money!).
So I'm quite sure that your friend really doesn't have anything to worry
about. If she feels a divorce is needed, she really should get started
on that - in most states you have to be physically separated for 1 yr
before a divorce can be granted, so she could start with that. As long
as her divorce is not official before the interview with the INS I doubt
the INS could have any reason to deny her the permanent green card.
Cedric

PlayDoh123 wrote:

    > I have a friend who married a US citizen in good faith in the year 2000. Since
    > this time she has realized the marriage was a mistake and she wants a
    > divorce.Her husband has been somewhat mentally abusive towards her and had
    > threatened her in the past with deportation when they had arguements. She filed
    > form I-751 (Petition to Remove the Conditions of Residence) in Feb of 2003. At
    > this time the INS has said approval of I-751 is taking 20 months. She is
    > afraid to file for divorce fearing her husband may deport her because she isnt
    > a permanent resident. Due to the fact her I-751 is still pending does she have
    > any options here that will allow her to stay in the country if she files for
    > divorce now ? Any advice would be appreciated!