Iliana

Hi,

I didn't think this would happen to me, but it did, so I'm looking for
advice.
I have been married to a USC for 2.5 years now. I got my conditional GC
early May 2004.
We filed joined I-751 late February 2006 to NSC (we live in
Seattle,WA)
I received the NOA status extention letter and the 'yellow' latter
asking for my original expired
green card. So far, so good...

I took a temporary job (1 year contract) in Wisconsin for year 2006.
My husband decided to take a temporary job in New York state for 2
months.
While being away from each other, we kept in touch - phone calls every
other day, e-mails twice a week, etc. Last time we spoke was the first
week of June and we made plans that after his project is completed at
the end of June, he would drive back to WA and stop by to spend some
time with me in WI. However I didn't hear from him again, my cell
phone (family plan) got cancelled and TMobile would not tell me why
since my husband was primary on the account and had changed the
password. I e-mailed him twice (assuming that if my phone is not
working, his cell would not be working as well) in a week, but didn't
hear from him.
A few days later I noticed that money are missing from our shared bank
account and that the purchases were made in WA state. But my husband
was supposed to be still in NY.
I called our house in WA (we have a renter), and the renter confirmed
that yes, my husband had been back in WA, packed all of his belongings
and left saying that he is moving to NY state for better job
opportunities, and he had also told the renter that I will be joining
him in NY too.
I tried contacting my husband again - this time I already fugured out
his phone would be OK, left 3 messages, sent 2 e-mails, e-mailed his
friends and Mom, nobody said a word for a week. Finally , a friend of
his e-mailed me that my hubby has gone back to NY.
And another few days later I got a letter from my husband (on a hotel
letterhead sheet), that he wants a divorce. No contact information, no
explanation, nothing.
I e-mailed him one more time and left one more voice message asking him
to communicate with me, but it went w/out success.

I guess, when one leaves like that, there is not much room for
negotiation.
So the divorce is inevitable. I will spare you the detailes of hwo it
feels to be abandoned by someone you have known for 4.5 years, and
having to deal with the hosue we have in WA - paying mortagage and
bills is all left to me now.
My questions now are - should I file for divorce right away, should I
try to contact him a couple more times? My permanent green card has not
arrived yet - suposedly it should arrive at the end of July or...who
knows. If it arrives while the divorce is ongoing, shoudl I inform INS?
Does anyone know how long it takes to process a new I-751 ( in case the
divorce get finalized before the green card arrives). If I file
waiver on the I-751, would I be able to obtain a i-551 stamp in my
pasport and travel abroad (my job requires unexpected travel
sometimes).
Is it better to wait for him to file for divorce?

I contacted two immigration lawyers so far and the opinions were
contradicting - one suggests waiting for the 10 years green card to
arrive before filing for divorce, the other one suggests filing for
divorce right away as the USC has expressed desire to divorce.
Which way should I go?

Thanks for your help in advance!
i.

[email protected]

Most likely, you will get the 10 year green card - and will have to
wait another 3 year before you can apply for citizenship.

Note that a divorce procedure doesn't affect the I-751 in any way. Only
a final divorce does - and even then, I am not sure if it does once the
I-751 is filed.

Don't worry to much.

In the unlikely event in which you would have to go to an interview, an
attorney would be advisable.

ian-mstm

Given his track record, I wouldn't wait for him to do anything. You should be proactive about this... file for divorce now. If your GC arrives during the process, well... no worries. If your divorce is final before your GC arrives, you can immediately file for a waiver of the joint filing requirement. The requirement for a successfuly waiver is that you entered into the marriage in good faith... the how and when details of your divorce are largely irrelevant.

If your husband signed an I-864 as part of your sponsorship, he remains financially on the hook! Divorce does not release him from his financial obligation! We have heard of a case where a court upheld that the beneficiary (you) is entitled to maintenance at 125% of the poverty level.

Also, as your sponsor, he is required to file an I-865 change of address with USCIS. If he doesn't... he leaves himself wide open for legal action. If you move, you must file an AR-11.

Good luck to you.

Ian

Rete

You are not yet divorced, nor have filed for divorce, nor are legally court separated. Here's hoping your I-751 is approved without interview before you file.

Personally, I would do all in my power to protect my financial assets from a husband who up and left me without warning or provocation. As for the house in WA, continue to pay the mortgage from the rental proceeds and your salary so that the bank does not take the house for non-payment. It is an asset and when you go through the divorce, the payments you made on your own will be added to your 1/2 of the division of property. Same with payment of insurance and taxes on the house. Take his name off your credit cards or remove your name from his.

I can only imagine the anguish you are going through at the moment. However, you have a way of finding him through his social security number. A private detective can do that for you for a small amount if you want to know where he is to serve divorce papers.

Iliana

Thank you all for the replies, the good ideas and the support!

Meanwhile, I went ahead and scheduled an appointment with an
immigration lawyer to discuss my case. The appointment was for next
week.

Yesterday I received my 10 year GC in the mail !!!

I called the lawyer to cancel the appointment and I was told that "I'm
still not on the clear and that my GC could be revoced based on the
fact that we have been separated already, i.e., my husband had left me
about a month ago"...so I was encouraged to keep my appointment.

Is that really the case?

To be precise, the new green card sheet is dated July 12, 2006, while
my husband had left me on July 20, 2006. And I didn't know about it
until I received his note mentioning divorce on July 23, 2006.
Am I 'on the clear' ?

My timelines for these of you who are waiting on NCS -
Filed I-751 on February 26th, 2006
Approved on July 12, 2006
Card arrived in the mail on July 16th, 2006 .

Thanks!

Iliana

Ooops, screwed up the months....

green card sheet is dated July 12, 2006,
my husband left on June 20, 2006
I received his note mentioning divorce on June 23, 2006.

Thanks!

[email protected]

If you are approved after the divorce is final, then the green card is
invalid - which doesn't seem to be the case for you.

The fact that your husband travelled around without telling you, and
send you mean letters doesn't affect your immigration status. He can
have sex with whoever he wants ... still doesn't affect your
immigration status. He can even file for divorce ... still doesn't
affect your immigration status.

Only a divorce declared FINAL would invalidate your card, provided that
the divorce became final before the I-485 was approved.

iliana wrote:
    > Ooops, screwed up the months....
    > green card sheet is dated July 12, 2006,
    > my husband left on June 20, 2006
    > I received his note mentioning divorce on June 23, 2006.
    >
    > Thanks!

[email protected]

Sorry, I meant to say [... before the I-751 was approved].

The rest of my message remains true.

Good luck for your divorce.

[email protected] wrote:
    > If you are approved after the divorce is final, then the green card is
    > invalid - which doesn't seem to be the case for you.
    > The fact that your husband travelled around without telling you, and
    > send you mean letters doesn't affect your immigration status. He can
    > have sex with whoever he wants ... still doesn't affect your
    > immigration status. He can even file for divorce ... still doesn't
    > affect your immigration status.
    > Only a divorce declared FINAL would invalidate your card, provided that
    > the divorce became final before the I-485 was approved.
    > iliana wrote:
    > > Ooops, screwed up the months....
    > >
    > > green card sheet is dated July 12, 2006,
    > > my husband left on June 20, 2006
    > > I received his note mentioning divorce on June 23, 2006.
    > >
    > > Thanks!

vinayac

What would be the case if a couple are legally seperated through court and then the 10 yr green card comes but before the divorce is final

ian-mstm

Nothing would happen... the couple are still married.

Ian

Rete

Not true. USCIS, I believe, considers a lawful separation to be the same as a divorce. It would negate the approval and would require the recipient to refile the I-751 with a waiver.

vinayac

Are you sure, because one of the attorneys said its the FINAL DIVORCE that matters.

Can you throw more light on it.Appreciate it.

Rete

Go by what your attorney tells you. My attorney who taught our class stated that a legal separation is viewed by the USCIS as the same as a divorce. If you are legally separated then you have to wait until the divorce is final until you can file an I-751/Waiver for removal of conditions.

ian-mstm

I'm not saying you're wrong, but I'd be very surprised if this were true. Legal separation does not necessarily lead to divorce... and by treating the two as if they were equal would seem to undermine USCIS' own process.

Ian

vinayac

Ok, I am bit lost here, the situation is I filled for removal of conditions withNSC in April06, now we are getting a separation agreement (which we jointy came up with) and filing in the court, how does it effect my case or what is the best I should do?

Thanks for all the responses and time