How will she change her statu after she divorces ?

[Boringwaiting]

My friend Jane moved to America one and a half years ago with her fiancee's visa . Presently her husband is going to divorce her. She has no choice, she has to agree to divorce .

She moved out of her husband house a couple months ago . Presently she stays at her neighbor's home with her daughter . Her husband is going to give her a little money for divorcing.

She is worried about if she will be able to change her statu alone after she divorce . and if she can live in America until her temperary green card expire after she divorce .

Please share your experiences about it if you have or give her some advices about it . Thanks

Edited May 22, 2006 by Boringwaiting (see edit history)

[LeeFisher3]

She needs to find an immigration attorney who is familiar with this type of situation.

 

Almost any time you need to get a waiver(s) from USCIS it's better to have legal advice so you don't step on a land mine as the decisions made concerning waivers are often final and can not be appealed.

 

(edit)

Also she need to be EXTREMELY careful concerning the dates, it would be to her benefit to have the divorce finalized before the expiration of her green card and the paperwork for the removal of conditions and filing of the waiver can ONLY be done once the divorce is final. If the final date is after the expiration date it adds more complexity to the issue.

Edited May 22, 2006 by LeeFisher3 (see edit history)

[skibum]

If the love that brought her here no longer exists, why would she want to stay?

[Jeikun]

If the love that brought her here no longer exists, why would she want to stay?

217204[/snapback]

People don't live on love alone. Someone who has spent over a year and a half here may now have school, job friends, familiarity, other reasons to not want to go back to China as a divorced woman. Her presence in the US may have begun for love, but she does not continue to exist solely at the whim of her husband. Her only role in life isn't "wife".

 

Now, many Chinese women would choose to return to China. But I can easily see why some would not. And I'm not talking about the "green card hunters", I mean honest ones who left their old life behind and began a new life and may not want to do so all over again.

[tonado]

Yes. Once she is here for awhile and establish herself with work and friends, it can be difficult to go back to China.

[Jonathan]

My friend  Jane moved to America one and a half years ago with her fiancee's visa . Presently  her husband is going to divorce her. She has no choice, she has to agree to divorce .

She moved out of her husband house a couple months ago . Presently she stays at her neighbor's home with her daughter .  Her husband is going to give her a little money for divorcing.

She is worried about  if she will be able to change her statu alone after she divorce .  and if she can live in America until her temperary green card expire after she divorce .

Please share your experiences about it if you have or give her some advices about it . Thanks

216986[/snapback]

What if she does not agree to a divource until her AOS is through, and refuse to sign. Would that be possible?

 

Maybe she can just reach an agreement with her husband (or soon to be ex-husband) to postpone it for this reason, unless there is some intense friction that goes against a desire for the well-being of the other party involved.

[frank1538]

What if she does not agree to a divource until her AOS is through, and refuse to sign. Would that be possible?

 

Maybe she can just reach an agreement with her husband (or soon to be ex-husband) to postpone it for this reason, unless there is some intense friction that goes against a desire for the well-being of the other party involved.

217312[/snapback]

Removing conditions on the two year green requires a joint petition - husband and wife. If they are still married the husband would have to join in the filing which I guess is possible, assuming an amicable relationship. However, if he refuses and they are still married, it may be SOL time if she tries to remove the conditions by herself. That's why Lee's comment about timing is so important.

 

Since I don't know the people involved nor the state of the relationship, I express no opinion the propriety of filing a joint petition.

[skibum]

Jason, How do you tell them apart?

[Jeikun]

Jason, How do you tell them apart?

217333[/snapback]

Well, first of all WE can't, because we don't know the individuals involved at all. Even the couple themselves may not be able to tell the difference. The man could be mislead, and the woman might even be in denial, because she waited so long and gave up so much just seeing the greencard as a prize that must be had even if the reason for it is gone. Telling them apart isn't so much the issue I'm debating, as the fact that some women have very valid reasons to want to stay that do not make them bad people. That is why the waiver even exists, after all. They have to show to the agency's satisfaction that the marriage was entered into in good faith, and they were not at fault in the divorce.

 

In this case, if we are to take the poster's story at face value, it is the man who is initiating the divorce and who wants it, not the woman. Of course this could be for any number of reasons from no-fault to either or both of them being at fault.

 

Point is, nothing is cut and dry or so simple. Every woman who has come to the US for marriage is not going to necessarily think "Oh, my marriage failed, I'd better go back to China, as I no longer belong here." Many women would depending on their circumstances, and why they got divorced, and what their life was like once they got here, how long they've been here, etc. There are millions of variables here.

 

I just think a view that any woman who would want to remain here after her marriage failed is either crazy or a green card hunter is unfair and flawed. People and situations are rarely so simple.

[mercator]

If the love that brought her here no longer exists, why would she want to stay?

217204[/snapback]

People don't live on love alone. Someone who has spent over a year and a half here may now have school, job friends, familiarity, other reasons to not want to go back to China as a divorced woman. Her presence in the US may have begun for love, but she does not continue to exist solely at the whim of her husband. Her only role in life isn't "wife".

 

Now, many Chinese women would choose to return to China. But I can easily see why some would not. And I'm not talking about the "green card hunters", I mean honest ones who left their old life behind and began a new life and may not want to do so all over again.

217268[/snapback]

I think Dennis143 knows a whole bunch of ladies in that latter state of affairs.

 

I'm always skeptical, now that I and one of my fellow CFL'ers was taken advantage of, but I know the jia de people are the exception not the rule, as was pointed out in several of the scenarios presented in other posts.

Edited May 25, 2006 by mercator (see edit history)

[skibum]

I realize there are many reasons but don't you think it is mis-using the system to try to stay if your marriage has failed? After all, that was the basis on whick the govt granted the visa.

[warpedbored]

What Don said.

If the woman entered into the marriage in good faith and just a little time short of filing to remove conditions the the husband decides he wants to end the marriage the woman should be penalized? I'm sorry but in my opinion she has played by the rules so far and shouldn't be forced to return to China.

[MikeandRong]

What Don said. 

If the woman entered into the marriage in good faith and just a little time short of filing to remove conditions the the husband decides he wants to end the marriage the woman should be penalized? I'm sorry but in my opinion she has played by the rules so far and shouldn't be forced to return to China.

218595[/snapback]

Agree 100%.

[LeeFisher3]

What Don said. 

If the woman entered into the marriage in good faith and just a little time short of filing to remove conditions the the husband decides he wants to end the marriage the woman should be penalized? I'm sorry but in my opinion she has played by the rules so far and shouldn't be forced to return to China.

218595[/snapback]

Agree 100%.

218647[/snapback]

What Don, Carl and Mike said.