Divorce and conditional resident?

Question

I am an American citizen and my hub is an immigrant on a conditional visa. I split from him due to a lot of problems we were having. He has now filed for divorce as he only has 90 days til he can apply to remove the conditions and says he won't withdraw his petition unless I sign his Mi migration papers. I think I am going to go ahead and sign the papers for him but I'm not even sure I want to be with him anymore after he's doing all of this. My question is this... if he does get a permanent residency and we divorce, can he remarry in the future and give a non-resident a greencard/visa (sponsor someone?) How does that work?

Answer 1

There are 2 ways to file I-751 Remove Condition. One still married and file jointly. Two, divorced and file with Waiver of joint filing. In case of option two, he has to prove that he married you with good faith of marriage, not for the green card, but the marriage fell apart.



I think your best option is just get divorced him and not sign for the Joint Filing of I-751. If you do then you have to go to interview with him, if there is one, and you also have to lie to Immigration Officer that you guys are happily married. If you don't' want to be with him married, sign the divorce paper and let him handle his immigration on his own.



Once you get divorced and he gets Condition Removed and get 10 year Permanent Green card, what he does is with it becomes not of your concerns. Good luck.

Answer 2

If he has filed for divorce its illegal to state you are a happily married couple on the I-751

you both would be in the Immigration fraud game



sign nothing.unless you know what you are signing away



If he gets a ten year Green card ..yes he can re-marry

but you will still be liable under the affidavit of support



He cannot sponsor anybody really until he get his citizenship which

will be a few years down the line

Answer 3

Do NOT sign those immigration papers or you can be subject to prosecution for marriage fraud - up to 10 years in prison (typically 5), plus $250,000 fine. Notify ICE that your foreign spouse has filed a divorce petition against you & is blackmailing you to sign his papers for release of conditions.



The marriage is over & he is the one who filed. There is NO way you can legally sign the papers for removal of his conditions since this marriage is dead and done with. You would be legally liable for his support if you enabled him to remain. And yes, he could remarry & bring in his foreign gf as soon as the divorce is final, while you are still on the hook for his support!



Actually, you are being blackmailed, a felony. He is making demands while threatening you. Report this to ICE as well as filing a police report. Get him deported or your life ain't worth a bean.



Your best bet is to get an attorney immediately, file for an annulment based upon his defrauding you for immigration benefits, file the police report of blackmail, and report it all to ICE: the breakdown of the marriage, you now understand that he only married you to obtain immigration benes, he is blackmailing you to obtain immigration benes he is not entitled to, and therefore you have filed a petition to annul this marriage, and hereby revoke the Affidavit of Support since you were induced to sign it by his defrauding you.

Answer 4

KC is right, you are able to petition for your self utilising variety I-360. This comes from the 1994 regulation vawa. you will desire to instruct all right here: which you have been the two battered or subjected to intense cruelty via the U.S. companion. this may well be threats, beatings, sexual abuse or exploitation, threats to instruct you in to immigration for deportation, forcible detention or the different abuse which would be considered as an attempt to mildew the immigrant's habit. instruct which you have sturdy ethical character extremely which you have observed all the regulations, immigration, state, federal. which you resided including your companion or determine. That the marriage became entered in sturdy faith. it is the place you will get in hardship if marrying back so quickly. you will prefer information alongside with police comments, clinical or psychiatric comments, affidavits from people accustomed on your situation. however the terrific suggestion all of us would provide you is hire a sturdy immigration lawyer and don't remarry till your case gets resolved. sturdy success!

Answer 5

I believe he can allow other people to become a resident once he get's his green card. Make sure you keep all your finances separate during this time. Please don't co-sign anything with him or have any loans with him. Right now he needs you to get what he wants but once he gets what he wants who knows. My ex wife ran up my credit cards and refused to pay for anything. I def wouldn't recommend any U.S. citizen marrying an illegal immigrant. That little voice in the back of your head will always be there. Does he love me or is he with me just for the green card? Please be careful during this time.

Answer 6

no not really, you will be in questioning for the rest of your life if you try to get two people greencards through marraige.

Answer 7

best bet do not sign if you can not work out the problems