CA: Lifting conditions of K1 conditional GC after divorce

[P A U L]

What is the name of your state (only U.S. law)? CA

My wife received her conditional green card recently after having entered the U.S. via K-1 visa. Long story short, we can't seem to make our marriage work, and we can't stay in the marriage just to appease the USCIS's requirements for her eligibility. At the same time I don't want to have her deported since it is my fault I uprooted her life and had her come here. We did agree to divorce, and I understand that if we do divorce, she would then need to petition for a waiver and file I-751 ASAP. We have sufficient evidence to support that we married in good faith, so I'm not worried there... but my question is: we qualify for a Summary Dissolution which won't consider us legally divorced until 6 months after the court clerk accepts the documents, so am I supposed to file I-751 immediately after filing the Summary Dissolution OR 6 months later when the divorce becomes official?

 

[OHRoadwarrior]

The bigger concern is whether it is treated as a sham marriage.

 

[P A U L]

as i've said, we have fair amount of evidence to support that we "married in good faith." which we actually did. it just fell apart. i think it would be a greater sham if we stayed in the marriage and manufactured evidence to evade immigration laws for our 2nd interview to have the conditions lifted.

USCIS provides an option for a waiver, so i would rather take that route and show them that our marriage wasn't a sham and still have her reap the benefits of her new life in the U.S. BUT THAT WASN'T MY QUESTION!!

do i file 751 with the divorce papers or in 6 months when the divorce is finalize?

 

[OHRoadwarrior]

You will still be subject to the affidavit of support. At least whomever signed it will.

 

[P A U L]

but..but...i wasn't asking about the affidavit of support or how to get out of it.

all i care about is that she doesn't get thrown under the bus (deported) just because our marriage fell apart.

 

[OHRoadwarrior]

Sorry, we do not assist in the commission of immigration fraud.

 

[LdiJ]

Sorry, we do not assist in the commission of immigration fraud.

Did you even read what this guy wrote? In no way is he attempting to commit immigration fraud. He hasn't asked one question that would indicate that and in fact, has made it clear that he has no intention of doing so.

 

[P A U L]

still looking for some free advice here, please.

 

[LdiJ]

still looking for some free advice here, please.

You really need to consult an immigration attorney. I think that you situation is too complicated for an internet forum.

 

[P A U L]

i consulted an attorney on behalf of my wife, and she told me that the lawyer told her to claim that i beat her******************************************.....i did no such thing.

 

[quincy]

i consulted an attorney on behalf of my wife, and she told me that the lawyer told her to claim that i beat her******************************************.....i did no such thing.

I recommend you and your wife find a different lawyer, then (although I find it hard to believe any attorney would tell your wife to falsely claim that you beat her).

 

[Bay1954]

If yyou are willing

to sign off on her papers, no need in my humble lay opinion to state any abuse, she might have a chance.

The problem when bona fide marriages fall apart is that the US Citizen party often disappears. You have not disappeared.

You and your wife should get yourselves to either a private immigration law attorney or to a non profit straight-away.

 

[Bay1954]

Go to A Non Profit

to sign off on her papers, no need in my humble lay opinion to state any abuse, she might have a chance.

The problem when bona fide marriages fall apart is that the US Citizen party often disappears. You have not disappeared.

You and your wife should get yourselves to either a private immigration law attorney or to a non profit straight-away.

I don't think your wife would need a U Visa. if you have a bona fide marriage that did fall apart (many marriages do), and if you are willing to still sponsor your wife, that is, attest that it is a bona fide marriage, you and your wife, in my humble opinion, have a chance to complete her visa..LPR, etc.

Your chances may be better with a non profit legal clinic. Look to your local churches. For an example, Catholic Charities run many Immigration Law clinics across the country. You don't have to be a Catholic to seek out their services. In many states, it is called Catholic Migration Services.

Law School clinics also help out here.

Best of luck to you.

 

[t74]

The attorney is looking at the benefits available to abused spouses (usually women) afforded under Violence Against Women Act. Based on the numerous discussions on other forums, there appears to be use of this by immigrants who had no intention of entering into a long term marriage.

Protect yourself against this possibility. See a divorce attorney with experience with immigration problems immediately. Remember that you can be required to support her due to the affidavit of support you signed. Review those rules as well.

 

[Proserpina]

The attorney is looking at the benefits available to abused spouses (usually women) afforded under Violence Against Women Act. Based on the numerous discussions on other forums, there appears to be use of this by immigrants who had no intention of entering into a long term marriage.

Protect yourself against this possibility. See a divorce attorney with experience with immigration problems immediately. Remember that you can be required to support her due to the affidavit of support you signed. Review those rules as well.

The AoS warning is redundant. That I-864 cannot be revoked or withdrawn at this point. For the record, that's not the behavior of a decent attorney.