Gripper

Grab a cup of coffee for this one.

I filed I751 on June 19th 2006. I received my receipt and 1 yr extension.

Unfortunately about a month later my marriage went into melt down and I moved out of the marital home. It was the third time she had thrown her wedding ring at me and screamed that she wanted a divorce.I moved out and rented a room.

About a month later we divided the belongings and both signed an agreement stating that we were good with how we had divided the possessions and that we do not want any financial aid from the from the spouse. The document was notarized.

About 2 months later I was laid off from my job. I started working for myself and have been making ends meet. I filed my taxes as married but separated.

I never received anything back regarding the status of my I751, probably due to the fact that I changed addresses a couple of times even though my mail was being redirected (I didn't know i had to fill out another form for Immigration - I should read more here ) I called them last week as it had been over a year. I received an email stating that my conditional residence had been terminated and to make an appointment for my local office. I went to that appointment today.

The officer that I saw told me to that I could re-file my I751 or file for an Appeal/Motion to reopen/reconsider. She said that the Motion would take longer and it could just be turned down and that re-filing my I751 is cheaper and would give me an automatic extension. I told her that I was separated and she said that I could file a waiver and they would hold the case until they received the Divorce Decree. She gave me an I751 and I left.

Q1. Is she right about holding the case until they receive the divorce? and will I get an extension as my status is terminated.

I phoned the 800# to confirm what the officer had said. The helpdesk couldn't give me an answer and told me to get an Immigration Attorney or some sort of filing service.

So as it stands, I have no status in the USA. I have been offered a great full time job but I can't take it if I am not authorized to work.

I can see my options as follows:

1. Give up and go back to England.

2. File again - I don't fit into any of the Waiver categories and I am 100% sure that my wife will refuse to sign the form. I can't get a straight answer from her about starting divorce paperwork.

3. Same option as above but pressure the wife to sign stating I will need her and her father to support me via the Affidavit of Support they signed because I won't be able to work. Get a divorce and then file a Waiver.

4. Push for the divorce, wait 5 months then re-file with Waiver and hope I don't get deported in the mean time.

5. Get an Immigration Attorney.

Anyone else been through this?

Thanks

M.

ian-mstm

You can't refile... you have no valid basis for refiling. To refile you must either be married and file jointly, or divorced and file on your own. There is no other option between those two.


Well, it's not so much that they'll "hold the case" for you... but you *must* be divorced in order to file for a waiver of the joint-filing requirement. No options on that, I'm afraid. Being separated doesn't count!


Sadly, both true. The moment your PR status was terminated, you lost your ability to live and work in the US.


Yes... always an option for you.


You don't need her permission to divorce.


I believe coercion is illegal... however, even if you do divorce, your wife will still be on the hook financially as your sponsor. Whatever paperwork you signed between the two of you is moot as far as federal law goes... and federal law trumps state law. She *is* your sponsor and *is* bound by the terms of the I-864.


Hmm... very iffy... very chancy... and a divorce may take many more than 5 months.


This should be option #1.

Ian

fatbrit

If you're staying...

Coercion is fine in my book. Tell her she's on the cards for you and your debts -- but won't be if she assists you regularizing your status both marital and immigration wise.. Tell her there was a recent case whereby someone in your position successfully sued for alimony at 125% of the poverty level. Tell her you don't really want to do this, but you'll need to if she doesn't help you regularize your status since you have no way of earning your living without it. Tell her anything (true or not) that doesn't make you arrestable!

You need:
1/ Her agreement and cooperation in regularizing your status. A quick look on the web shows 90 days with both parties agreeing in Philly. She needs to sign the two papers (receipt and the final agreement) promptly.
2/ Copies of any evidence she holds that your marriage was for real. Get these now so they're ready for later.

Also, don't leave the US in the meantime and see about getting a lawyer.

Gripper

1. The divorce in PA. If both agree on a mutual consent no fault divorce then there is a mandatory waiting period of 90 days after filing. All the reports I have read say 5-6 months to complete.

2. I have no doubt she destroyed any documents I left behind. I have the lease agreement from the house we rented, the marriage certificate plus alot of vacation photos. All utilities were in one name or the other. We only had one shared bank account which she withdrew money from without my knowledge. I don't have the details of the account as the balance was near zero.

I'm waiting for a call back from an Attorney as I type

fatbrit

Protect and collect the evidence that you had a valid marriage. You should have the stuff you sent with the original I-751? The bank can print you out old statements (though at a charge). The attorney is a wise move. If you want to stay, it might very well be savable provided you make the right moves.

Gripper

My box of paperwork is missing those copies.

meauxna

Make sure you've reviewed the USCIS memo on the subject of a non-finalized divorce, and go see that lawyer.
See the this FAQ for changes to immigration status during and after divorce Immigration Divorce