How to Stop I-751 Removal of Conditions
I have petitioned my wife to come here on a fiancé visa and she has obtained her 2 year conditional GC. Our marriage has gone from bad to worse and I believe she has married me just so she could send money to her family back home. I could try to have the marriage annulled since she has refused to consummate it. I am afraid, however, that she might try to file an I-751 with a waiver to obtain her 10 year GC. Then she could move in with her relatives and demand I support her for the next 10+ years based on the I-134 the government required me to sign.
I don’t feel that my life and financial future should be ruined because I was duped into marrying this greedy person. How can I best prevent her from getting a 10 year GC? Should I get an annulment and try to convince the USCIS that the marriage was not valid? Should I stay married for another year until her GC is set to expire and then do everything to not cooperate with the I-751 process so she has to go back home?
Please help me get out of this nightmare!
Re: How to Stop I-751 Removal of Conditions
You have a bunch of unrelated things here.
First off, though you didn't mention you state, I don't know of any state where "refusal to consummate" has any bearing on your marital status. That might work for the Catholic Church, but it won't mean a thing to the government.
If she still has the Conditional Green Card you can certainly make an argument that the condition should not be removed. Best if you have some actual DIVORCE proceedings in process. You've not indicated any reason why an annulment.
As for your SUPPORT, you getting annulled or divorced isn't going to just make that go away. This isn't a "you versus her" thing. You made that agreement with the feds that you wouldn't let her end up on the public dole.
You need a lawyer, at least for a divorce and preferably one who understands the immigration issues as well. However, unless you can show that there was no intent at a real marriage (and just because she won't screw you doesn't cut it) and she exploited you only for the visa/green card, you likely aren't getting out of the support obligation.
Re: How to Stop I-751 Removal of Conditions
Quote:
Quoting
flyingron
First off, though you didn't mention you state, I don't know of any state where "refusal to consummate" has any bearing on your marital status.
It can be grounds for annulment, but often there is a short period of limitations involved before conduct that might otherwise support an annulment is deemed to be excused. To make any meaningful statement we need to know the state. As you note, it's also peripheral to the immigration issues.
Re: How to Stop I-751 Removal of Conditions
Thanks for the replies. I already talked to a lawyer and he said that an annulment is possible in Utah under these circumstances and that there is no time limit.
I mention annulment because I thought that it "nulled" the marriage and said that it never existed in the first place. This seemed more beneficial to my case. Also, the I-864 language says that divorce or legal separation does not end the I-864 support duty, but it does not mention annulment. I thought this might be a good legal point to argue?
Anyway, what would happen if I stayed married and then did not cooperate with the I-751? I had read elsewhere that it would be almost impossible to get the conditions removed if your spouse does not cooperate and that you are still married. It said that the USCIS prefers that the divorce is finalized and probably would not approve it otherwise.
I am trying to follow the course of action that is best for me. I don't want to be ruthless, but I don't know what I am dealing with here.
Re: How to Stop I-751 Removal of Conditions
An annulment doesn't end the support order either. Whether you are/were married is immaterial. You agreed to that obligation so she could ENTER the US. The only thing failing to be married does is possibly keep her from remaining. If she doesn't remain, you don't have to support her. If she does, you do.
Re: How to Stop I-751 Removal of Conditions
Your only hope is to quash the GC becoming permanent is by not living with her and contending the marriage was not entered into in good faith on her part while you seek annulment. They will be looking for you or supporting records from her at the 2 year interview.