Divorce/AOS

[Ron and Rhea 42]

I am asking this for a friend who lives here, a Filipina...She is married to an American and lives here in the states, and she has one year on her green card.....her two year green card date is approx 4/2013. She says she was told she has to wait till the two year green card date for her husband and her to divorce or it will screw up her process and she risks deportation. They have lived together for the past year but he is abusive and they just do not want to stay married.

She doesn't want to stay married to him for another year, but doesn't want to mess up her Visa process. Her husband has been married three times previously, so this is his 4th marriage. Its a mutual split and he really doesn't care either way. I know there are two sides to every story, so I won't get into the ####### for tat....but does anyone have any advise. She would like to move out, and live with a g/f of hers, and do the divorce process, if she can.

She can prove they've had a real relationship for the past year, even though he has refused to put her on his bank account or help her get her drivers license, etc.

Thanks guys.

[RickJovi 81]

I am asking this for a friend who lives here, a Filipina...She is married to an American and lives here in the states, and she has one year on her green card.....her two year green card date is approx 4/2013. She says she was told she has to wait till the two year green card date for her husband and her to divorce or it will screw up her process and she risks deportation. They have lived together for the past year but he is abusive and they just do not want to stay married.

She doesn't want to stay married to him for another year, but doesn't want to mess up her Visa process. Her husband has been married three times previously, so this is his 4th marriage. Its a mutual split and he really doesn't care either way. I know there are two sides to every story, so I won't get into the ####### for tat....but does anyone have any advise. She would like to move out, and live with a g/f of hers, and do the divorce process, if she can.

She can prove they've had a real relationship for the past year, even though he has refused to put her on his bank account or help her get her drivers license, etc.

Thanks guys.

Who gave her the information about the GC and waiting two years before the divorce should be filed? The husband or someone else? Based on your reply back I may or may not answer your request. I was betrayed by a Filipina who left me 7 months after receiving her GC and I treated her good. I know all Filipinas are not bad like her and I have since found anoher Filipina that I am much more happy with. The big plus is she has no family in the U.S. like my ex did with her American brother-in-laws sick mother. How convenient. That is where she is living now why he and her sister lives in Makati City for 6 months out of the year and travel back and forth. I pray she leaves prior to November 2, 2012 when her card expires or USCIS see through what she did and denies her removal of her conditions if she applies. So you can see why I want additional information. Don't want to help another Filipina like my ex if your friend is like that. I will see how you answer back. Please be honest. Ingat.

Edited April 20, 2012 by RickJovi

[DaniG 3]

I am asking this for a friend who lives here, a Filipina...She is married to an American and lives here in the states, and she has one year on her green card.....her two year green card date is approx 4/2013. She says she was told she has to wait till the two year green card date for her husband and her to divorce or it will screw up her process and she risks deportation. They have lived together for the past year but he is abusive and they just do not want to stay married.

She doesn't want to stay married to him for another year, but doesn't want to mess up her Visa process. Her husband has been married three times previously, so this is his 4th marriage. Its a mutual split and he really doesn't care either way. I know there are two sides to every story, so I won't get into the ####### for tat....but does anyone have any advise. She would like to move out, and live with a g/f of hers, and do the divorce process, if she can.

She can prove they've had a real relationship for the past year, even though he has refused to put her on his bank account or help her get her drivers license, etc.

Thanks guys.

You say she can prove they had a real relationship but doesn't have joint bank account or driver's license showing the same address. What kinds of proof does she have? This would determine the answer to your questions. Anyway, a guy that doesn't care and wouldn't cooperate with the immigration process is probably just as good, if not worse, than a guy who is out of the picture due to divorce in case USCIS decides to do an interview (and it sounds like your friend doesn't have some of the important pieces of evidence that they like to see, so they would be likely to do that).

Does she have proof of the abuse, like police reports or medical records? Did they at least file joint tax returns? Any other joint financial documents? Proof that they live together? Affidavits?

[Ron and Rhea 42]

No guys...she isn't on the bank account because he wont' put her on it, as she has one of his X wives on it..he has 3 X wives, from what she said. She has a learners permit. She gets mail at his house and such. And yes he has hit her twice but she didn't want him to go to jail, so she didn't report it to the cops.

He is ok with her just living in the same house till her two years are up then doing the divorce, but she doesn't want to wait that long, if possible, as he is abusive. But she will call cops next time she said.

I dunno, I was trying to help her out of a sitch she wasn't happy with, I do not know if she is scamming him or not, to be honest, as I do not know either all that well.

[Moomin 292]

Ex-wife is on a bank account still? Maybe if your friend gets a divorce, her ex-husband-to-be will put her on the bank account too.

Anyways, there are other evidence to use - health insurance(insurance card) lease with both names on, taxes filed jointly, bills in both names. A simple state ID has the address on, doesn't need to be a driver's license.

She'll be filing ROC with a waiver. If the divorce is finalized before it's time to file ROC, file ROC immediately after the divorce.

[Ron and Rhea 42]

Haha, that is what I was thinking too, on the bank account thing.....he keeps her in the house it seems. She does all the cook'n and clean'n and such, she was able to get her learners with the help of some other Filipinas I believe.

I will advise her on the other evidence of relationship. Would eye witness from friends help too?

Sorry but not sure what ROC means? Are you saying if she divorces before her two year thingy is around she can file this ROC with a waiver?

Ex-wife is on a bank account still? Maybe if your friend gets a divorce, her ex-husband-to-be will put her on the bank account too.

Anyways, there are other evidence to use - health insurance(insurance card) lease with both names on, taxes filed jointly, bills in both names. A simple state ID has the address on, doesn't need to be a driver's license.

She'll be filing ROC with a waiver. If the divorce is finalized before it's time to file ROC, file ROC immediately after the divorce.

[Moomin 292]

Haha, that is what I was thinking too, on the bank account thing.....he keeps her in the house it seems. She does all the cook'n and clean'n and such, she was able to get her learners with the help of some other Filipinas I believe.

I will advise her on the other evidence of relationship. Would eye witness from friends help too?

Sorry but not sure what ROC means? Are you saying if she divorces before her two year thingy is around she can file this ROC with a waiver?

Precisely - ROC is removing conditions, here's the proper link; http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

And first page of the instructions for the i-751; http://www.uscis.gov/files/form/i-751instr.pdf ("who may file...")

Eye witnesses may write sworn affidavits regarding your friend entering the marriage in good faith however, it'll support her claim and other evidence, not just stand alone. Try searching VJ for words like "ROC", "divorced", "waiver".

Yeah, a bit odd. Good luck to your friend - hope they're better apart than together. The other option is to return to home country. I know I'd eventually do so myself if ever being put in such a situation.

[Ron and Rhea 42]

Thanks moomin...appreciate the info.

[VanessaTony 3,567]

Here's the rub.. HE needs to file for divorce for it to be recognised in the Philippines. She isn't allowed to file for divorce if she wants to get married again and have it be valid in the Philippines.

She needs to file to remove conditions (ROC) as soon as she is divorced (or in the 90 days before her card expires, whichever comes first) and she will make it a waiver application based on divorce. If her relationship is bad now, then staying together helps nothing 'cause it will still be bad come ROC time. She can only try and ROC after the divorce and see what happens... or leave the US. Up to her.

Edited April 22, 2012 by Vanessa&Tony