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  1. #1
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: She Wants Divorce and She is Pregnant

    You can negotiate like that, yes.

    Otherwise one party can pay the other party $X, and keep the whole set.

    And I do think taking a paternity test is wise - even though it's not the nicest thought in the world, it's best to make sure before you can't undo paternity.

    I didn't see the immigration part - have you filed anything on her behalf for her to become a permanent resident?

  2. #2
    Join Date
    Jun 2011
    Posts
    21

    Default Re: She Wants Divorce and She is Pregnant

    i also payed over $1000 to fix her visa to get green card
    can i bring that up in court?

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
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    Default Re: She Wants Divorce and She is Pregnant

    This is important - did you sign and submit the I-864 Affidavit of Support?

    Have you submitted other forms? Is she currently a conditional permanent resident?

  4. #4
    Join Date
    Jun 2011
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    21

    Default Re: She Wants Divorce and She is Pregnant

    yes we submitted the whole i485 pak we have the marriage interview on monday but will not attend because she wants divorce

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
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    Default Re: She Wants Divorce and She is Pregnant

    You NEED to withdraw the petition IMMEDIATELY if you can.

    Why? Because otherwise she will likely be able to stay (she may be able to stay anyway), and you can be on the hook to support her to the tune of 125% of the Federal Poverty Level - possibly permanently.

    This obligation doesn't disappear with divorce; it only ends if one of these things occurs:

    1. She leaves the country permanently (abandons her residency)
    2. She dies
    3. She naturalizes (becomes a US citizen)
    4. She earns 40 qualifying social security quarters (works for about 10 years).

    Of course there's a good chance she's not aware of any of this.

    But if I were you, I would absolutely turn up at the interview and explain - and formally withdraw the petition.

  6. #6
    Join Date
    Jun 2011
    Posts
    21

    Default Re: She Wants Divorce and She is Pregnant

    does she have to go with me she says she doesnt want or need anything from immigration but its her case i am only the spouse. can i go withouther to withdraw the petition or can i do it over the phone thank you so much

  7. #7
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: She Wants Divorce and She is Pregnant

    Quote Quoting jovanbeltran
    View Post
    does she have to go with me she says she doesnt want or need anything from immigration but its her case i am only the spouse. can i go withouther to withdraw the petition or can i do it over the phone thank you so much

    In all actuality, you are the petitioner - she is basically the recipient of the immigration benefits. You actually have two choices - if neither of you attend the interview, the petition would likely be denied anyway. Or you can follow this:


    An applicant or petitioner may withdraw an application or petition at
    any time until a decision is issued by the Service or, in the case of
    an approved petition, until the person is admitted or granted
    adjustment or change of status, based on the petition. However, a
    withdrawal may not be retracted. An applicant who wishes to withdraw a
    visa petition (Form I-130, Petition for Alien Relative) should write a
    letter to the USCIS office where the petition was filed. The letter
    should include the beneficiary's name, date and country of birth, and
    A-number or Receipt -number, the date petition was filed, reason for
    withdrawing the petition and the petitioner's name, signature and
    address.
    If you don't attend AND you send such a letter, you should be fine.

    You can also call USCIS or click around the website (it's MUCH more user-friendly than it used to be ) to get more information right here

  8. #8
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: She Wants Divorce and She is Pregnant

    Quote Quoting Dogmatique
    View Post
    I didn't see the immigration part - have you filed anything on her behalf for her to become a permanent resident?
    That's because it was added after we both posted.

  9. #9
    Join Date
    Jun 2011
    Posts
    21

    Default Re: She Wants Divorce and She is Pregnant

    i filed i485 packet with other applications to adjust her status to permanent resident. . we have the interview on monday but she is very upset and wants a divorce and does not want to go to the interview . .can i go without her to the interview to explain that i want to witdraw the application and about the problems or how should i go about this

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