Rete

[QUOTE][SIZE=1]Originally posted by Des:
No, he doesn't - he has an UNCONDITIONAL permanent resident card (thus
classified IR6), which means that the divorce does not impact his
status.

- Des


Des

MT was replying to Eion who is a Conditional PR. You lost something in the thread here.

Rete

Axat

..... in light of living post-9/11 days.

In the situation where one has a 10 years GC and wishes to end the
marriage, does s/he have no worry about their US spouse's malicious
intent at all?

Upon the receipt of IR6(or 10 yrs GC), should s/he wait several months
more to file for divorce as an "insurance" against the would-be
embittered, malicious US spouse reporting to INS? Say, 6 months after
IR6, INS would be much less convinced by US spouse?

When the 10 yrs GC holder did not commit any crime(especially
aggravated felony) in the 10 years' time, and it's time for renewal or
when s/he takes a road to US citizenship, will the reports to INS from
the ex-spouse hurt that opportunity?

My friend is worried about spousal vengeance. I emphasized that it is
real important to keep papers showing the proofs of living together.
Length of marriage helps but one never know whether INS would buy or
not?

L D Jones

axat wrote:
    > ..... in light of living post-9/11 days.
    > In the situation where one has a 10 years GC and wishes to end the
    > marriage, does s/he have no worry about their US spouse's malicious
    > intent at all?

No

    > Upon the receipt of IR6(or 10 yrs GC), should s/he wait several months
    > more to file for divorce as an "insurance" against the would-be
    > embittered, malicious US spouse reporting to INS? Say, 6 months after
    > IR6, INS would be much less convinced by US spouse?

Probably not

    > When the 10 yrs GC holder did not commit any crime(especially
    > aggravated felony) in the 10 years' time, and it's time for renewal or
    > when s/he takes a road to US citizenship, will the reports to INS from
    > the ex-spouse hurt that opportunity?

If there are no felonies this seems doubtful

[email protected]

axat wrote:
    > ..... in light of living post-9/11 days.
    > In the situation where one has a 10 years GC and wishes to end the
    > marriage, does s/he have no worry about their US spouse's malicious
    > intent at all?
    > Upon the receipt of IR6(or 10 yrs GC), should s/he wait several months
    > more to file for divorce as an "insurance" against the would-be
    > embittered, malicious US spouse reporting to INS? Say, 6 months after
    > IR6, INS would be much less convinced by US spouse

It would take more than convincing, it would take a court decision.
What is the spouse going to claim. If you have the 10 year card, you
have been married for over 2 years, and usually a bit more. The OP was
married for 5 years, so I doubt the ex spouse can say anything that will
cause a problem, unless of course, a disqualifying action could be
proven.

Folinskyiinla

[email protected] (axat) wrote in message news:...
    > ..... in light of living post-9/11 days.
    > In the situation where one has a 10 years GC and wishes to end the
    > marriage, does s/he have no worry about their US spouse's malicious
    > intent at all?
    > Upon the receipt of IR6(or 10 yrs GC), should s/he wait several months
    > more to file for divorce as an "insurance" against the would-be
    > embittered, malicious US spouse reporting to INS? Say, 6 months after
    > IR6, INS would be much less convinced by US spouse?
    > When the 10 yrs GC holder did not commit any crime(especially
    > aggravated felony) in the 10 years' time, and it's time for renewal or
    > when s/he takes a road to US citizenship, will the reports to INS from
    > the ex-spouse hurt that opportunity?
    > My friend is worried about spousal vengeance. I emphasized that it is
    > real important to keep papers showing the proofs of living together.
    > Length of marriage helps but one never know whether INS would buy or
    > not?


Hi:

As an immigration attorney, I've seen it happen in different ways --
it is fact dependent -- I had a case where a vengeful spouse did her
thing and INS instituted proceedings alleging fraud marriage, but the
Trial Attorney agreed with me that the marriage fraud was no problem
given that the Immigration Judge would never believe her -- however,
there was a little item disclosed in pillow talk regarding an
undisclosed conviction and that was a problem.

I just won a case before an immigration judge where the problem was
not a vengeful spouse, but a vengeful ex-landlord. US wife and
husband were seprated and LPR husband had a new lover -- another man.
The ex-landlord felt stiffed when her two gay tennants moved and broke
a legally invalid lease. INS conducted an investigation and confirmed
the current gay relationship. They went to talk to the wife in a 6:30
a.m ambush interview -- the investigators notes showed that wife was
not cooperative [leaving out the four letter words she later told me
about] and the only things she expressed to the investigators was that
"are you going to arrest me?" and "my marriage was real!"

My client was arrested, released on bond, and then we had a 5 day
trial two years later. I had one of the most conservative judges here
in LA. Since INS was accusing my client of breaking the law, we took
the 5th and put INS to its proof. The Immigration Judge found that
INS had no case -- their only witness was not credible because she was
vindictive and did not have first hand knowledge of the marriage [she
didn't even meet my client until three years after the marriage].