Entered with K-1, removing condition after a divorce

[ShariNYC 0]

This might be ways further since I've already got a K-1 and been living with my husband for a year, but I hope someone here might have gone through the same experience as I am now....

I'm on a year marriage which I entered in good faith. I received conditional green card since March 08. Now my husband just left me and wants to file for a divorce because he said we're not compatible. It's been very hard for me since everything does not make sense from his side while I was trying to be a good wife. I heard that it's very diffecult to get a permanent GC if you don't filed it jointly for any reason except physical abusive. Also I entered the country with K-1, and I'm afraid USCIS will think our marriage was fraud, just because I want to live here. I read about a lot of cases, but it seems everyone was already in the US when they got married and so divorces and filing for waivers shouldn't be a problem for them.

Anyone who used to have K1, have succeeded in removing condition after a divorce based on a reason 'not compatible'?

I'm very stressful now, any suggestion would help, thank you so much

[pushbrk 13,073]

This might be ways further since I've already got a K-1 and been living with my husband for a year, but I hope someone here might have gone through the same experience as I am now....

I'm on a year marriage which I entered in good faith. I received conditional green card since March 08. Now my husband just left me and wants to file for a divorce because he said we're not compatible. It's been very hard for me since everything does not make sense from his side while I was trying to be a good wife. I heard that it's very diffecult to get a permanent GC if you don't filed it jointly for any reason except physical abusive. Also I entered the country with K-1, and I'm afraid USCIS will think our marriage was fraud, just because I want to live here. I read about a lot of cases, but it seems everyone was already in the US when they got married and so divorces and filing for waivers shouldn't be a problem for them.

Anyone who used to have K1, have succeeded in removing condition after a divorce based on a reason 'not compatible'?

I'm very stressful now, any suggestion would help, thank you so much

This will probably be moved to the appropriate forum so watch for that but what you've been told about difficulties is not quite right. It is indeed difficult to adjust status to permanent resident status (two year card or ten year card) from a K1 unless supported by the USC spouse. However, once you have the conditional residence card, it's not difficult to remove conditions on the status you have now. In fact, you don't have to wait the 21 months from March 08. You can file to remove conditions as soon as the divorce is final.

Unless your husband can make a compelling case that you defrauded him, you won't have any problem removing conditions based on having entered the marriage in good faith. The fact that he supported your initial status adjustment makes it extremely difficult for him to succeed in convincing USCIS you didn't enter the marriage in good faith. Just three months ago, the two of you sat in front of an immigration officer and convinced them you had a bona fide marriage.

If ultimately you do divorce, simply file to remove conditions once the divorce is final and get on with your life in the USA.

[ShariNYC 0]

This might be ways further since I've already got a K-1 and been living with my husband for a year, but I hope someone here might have gone through the same experience as I am now....

I'm on a year marriage which I entered in good faith. I received conditional green card since March 08. Now my husband just left me and wants to file for a divorce because he said we're not compatible. It's been very hard for me since everything does not make sense from his side while I was trying to be a good wife. I heard that it's very diffecult to get a permanent GC if you don't filed it jointly for any reason except physical abusive. Also I entered the country with K-1, and I'm afraid USCIS will think our marriage was fraud, just because I want to live here. I read about a lot of cases, but it seems everyone was already in the US when they got married and so divorces and filing for waivers shouldn't be a problem for them.

Anyone who used to have K1, have succeeded in removing condition after a divorce based on a reason 'not compatible'?

I'm very stressful now, any suggestion would help, thank you so much

This will probably be moved to the appropriate forum so watch for that but what you've been told about difficulties is not quite right. It is indeed difficult to adjust status to permanent resident status (two year card or ten year card) from a K1 unless supported by the USC spouse. However, once you have the conditional residence card, it's not difficult to remove conditions on the status you have now. In fact, you don't have to wait the 21 months from March 08. You can file to remove conditions as soon as the divorce is final.

Unless your husband can make a compelling case that you defrauded him, you won't have any problem removing conditions based on having entered the marriage in good faith. The fact that he supported your initial status adjustment makes it extremely difficult for him to succeed in convincing USCIS you didn't enter the marriage in good faith. Just three months ago, the two of you sat in front of an immigration officer and convinced them you had a bona fide marriage.

If ultimately you do divorce, simply file to remove conditions once the divorce is final and get on with your life in the USA.

Thank you so much for your reply, it definitely very useful info for me. One thing though, we didn't have an interview during the AOS process. The USCIS transfered my case from Chicago to California and simply approved it and sent me a card. Is this make any different in what you just suggested?

[cherr1980 1]

Thank you so much for your reply, it definitely very useful info for me. One thing though, we didn't have an interview during the AOS process. The USCIS transfered my case from Chicago to California and simply approved it and sent me a card. Is this make any different in what you just suggested?

Your case is pretty straight forward regardless how you obtain your conditional green card as long as you have enough evidence to demostrate that you enter the marriage in good faith and is a bona fide marriage. And even so, they can ask for more evidence...but don't worry at this stage.

Start gathering all the joint accounts information, bills, paperwork, pictures, mail and talk with friends that you may have here and are willing to do an affidavit that states that they know you two as couple or that assist to your wedding, events, trips, etc. Make copy of everything. Actually if you have email about your husband saying your incompatibility and that's why he is leaving you then keep those emails!

If you want to go with divorce proceedings since your husband already move, remember that a divorce is a civil matter has nothing to do with your immigration status and you should contact a family law lawyer to be sure your rights, as wife, are protected.

For the immigration part, you can remove the conditions of your card by yourself once you have your divorce decree in hand. You may want to consult a lawyer. You don't have to wait for the two years residency be up to file the I-751 by yourself, but you must be legally divorce and attach copy of your divorce decree.

Do a search, there are several cases of divorce waiver, included myself. How you came has nothing to do, you past that part...and first of all you even went to the straight-most legal way...fiance visa and marry in the time given. Why would you think you may have a problem due to that?

Remember your evidence is crucial and is practically the same evidence, even if the two of you were married, must give. So start getting all those papers with you...the best of luck in this hard time.

Good luck.

[pushbrk 13,073]

This might be ways further since I've already got a K-1 and been living with my husband for a year, but I hope someone here might have gone through the same experience as I am now....

I'm on a year marriage which I entered in good faith. I received conditional green card since March 08. Now my husband just left me and wants to file for a divorce because he said we're not compatible. It's been very hard for me since everything does not make sense from his side while I was trying to be a good wife. I heard that it's very diffecult to get a permanent GC if you don't filed it jointly for any reason except physical abusive. Also I entered the country with K-1, and I'm afraid USCIS will think our marriage was fraud, just because I want to live here. I read about a lot of cases, but it seems everyone was already in the US when they got married and so divorces and filing for waivers shouldn't be a problem for them.

Anyone who used to have K1, have succeeded in removing condition after a divorce based on a reason 'not compatible'?

I'm very stressful now, any suggestion would help, thank you so much

This will probably be moved to the appropriate forum so watch for that but what you've been told about difficulties is not quite right. It is indeed difficult to adjust status to permanent resident status (two year card or ten year card) from a K1 unless supported by the USC spouse. However, once you have the conditional residence card, it's not difficult to remove conditions on the status you have now. In fact, you don't have to wait the 21 months from March 08. You can file to remove conditions as soon as the divorce is final.

Unless your husband can make a compelling case that you defrauded him, you won't have any problem removing conditions based on having entered the marriage in good faith. The fact that he supported your initial status adjustment makes it extremely difficult for him to succeed in convincing USCIS you didn't enter the marriage in good faith. Just three months ago, the two of you sat in front of an immigration officer and convinced them you had a bona fide marriage.

If ultimately you do divorce, simply file to remove conditions once the divorce is final and get on with your life in the USA.

Thank you so much for your reply, it definitely very useful info for me. One thing though, we didn't have an interview during the AOS process. The USCIS transfered my case from Chicago to California and simply approved it and sent me a card. Is this make any different in what you just suggested?

Well, you didn't sit before any officer but your husband had lots of time to back out before the green card arrived, if he didn't think you entered the marriage in good faith. I'd do as has later been suggested and start gathering the evidence. The divorce itself can work in your favor if only incompatibility or irreconcilable differences are cited as the grounds for divorce.

[ShariNYC 0]

This might be ways further since I've already got a K-1 and been living with my husband for a year, but I hope someone here might have gone through the same experience as I am now....

I'm on a year marriage which I entered in good faith. I received conditional green card since March 08. Now my husband just left me and wants to file for a divorce because he said we're not compatible. It's been very hard for me since everything does not make sense from his side while I was trying to be a good wife. I heard that it's very diffecult to get a permanent GC if you don't filed it jointly for any reason except physical abusive. Also I entered the country with K-1, and I'm afraid USCIS will think our marriage was fraud, just because I want to live here. I read about a lot of cases, but it seems everyone was already in the US when they got married and so divorces and filing for waivers shouldn't be a problem for them.

Anyone who used to have K1, have succeeded in removing condition after a divorce based on a reason 'not compatible'?

I'm very stressful now, any suggestion would help, thank you so much

This will probably be moved to the appropriate forum so watch for that but what you've been told about difficulties is not quite right. It is indeed difficult to adjust status to permanent resident status (two year card or ten year card) from a K1 unless supported by the USC spouse. However, once you have the conditional residence card, it's not difficult to remove conditions on the status you have now. In fact, you don't have to wait the 21 months from March 08. You can file to remove conditions as soon as the divorce is final.

Unless your husband can make a compelling case that you defrauded him, you won't have any problem removing conditions based on having entered the marriage in good faith. The fact that he supported your initial status adjustment makes it extremely difficult for him to succeed in convincing USCIS you didn't enter the marriage in good faith. Just three months ago, the two of you sat in front of an immigration officer and convinced them you had a bona fide marriage.

If ultimately you do divorce, simply file to remove conditions once the divorce is final and get on with your life in the USA.

Thank you so much for your reply, it definitely very useful info for me. One thing though, we didn't have an interview during the AOS process. The USCIS transfered my case from Chicago to California and simply approved it and sent me a card. Is this make any different in what you just suggested?

Well, you didn't sit before any officer but your husband had lots of time to back out before the green card arrived, if he didn't think you entered the marriage in good faith. I'd do as has later been suggested and start gathering the evidence. The divorce itself can work in your favor if only incompatibility or irreconcilable differences are cited as the grounds for divorce.

"The divorce itself can work in your favor if only incompatibility or irreconcilable differences are cited as the grounds for divorce."

Could you please explain me this again? not sure what you mean...thanks

[pushbrk 13,073]

This might be ways further since I've already got a K-1 and been living with my husband for a year, but I hope someone here might have gone through the same experience as I am now....

I'm on a year marriage which I entered in good faith. I received conditional green card since March 08. Now my husband just left me and wants to file for a divorce because he said we're not compatible. It's been very hard for me since everything does not make sense from his side while I was trying to be a good wife. I heard that it's very diffecult to get a permanent GC if you don't filed it jointly for any reason except physical abusive. Also I entered the country with K-1, and I'm afraid USCIS will think our marriage was fraud, just because I want to live here. I read about a lot of cases, but it seems everyone was already in the US when they got married and so divorces and filing for waivers shouldn't be a problem for them.

Anyone who used to have K1, have succeeded in removing condition after a divorce based on a reason 'not compatible'?

I'm very stressful now, any suggestion would help, thank you so much

This will probably be moved to the appropriate forum so watch for that but what you've been told about difficulties is not quite right. It is indeed difficult to adjust status to permanent resident status (two year card or ten year card) from a K1 unless supported by the USC spouse. However, once you have the conditional residence card, it's not difficult to remove conditions on the status you have now. In fact, you don't have to wait the 21 months from March 08. You can file to remove conditions as soon as the divorce is final.

Unless your husband can make a compelling case that you defrauded him, you won't have any problem removing conditions based on having entered the marriage in good faith. The fact that he supported your initial status adjustment makes it extremely difficult for him to succeed in convincing USCIS you didn't enter the marriage in good faith. Just three months ago, the two of you sat in front of an immigration officer and convinced them you had a bona fide marriage.

If ultimately you do divorce, simply file to remove conditions once the divorce is final and get on with your life in the USA.

Thank you so much for your reply, it definitely very useful info for me. One thing though, we didn't have an interview during the AOS process. The USCIS transfered my case from Chicago to California and simply approved it and sent me a card. Is this make any different in what you just suggested?

Well, you didn't sit before any officer but your husband had lots of time to back out before the green card arrived, if he didn't think you entered the marriage in good faith. I'd do as has later been suggested and start gathering the evidence. The divorce itself can work in your favor if only incompatibility or irreconcilable differences are cited as the grounds for divorce.

"The divorce itself can work in your favor if only incompatibility or irreconcilable differences are cited as the grounds for divorce."

Could you please explain me this again? not sure what you mean...thanks

If your husband says the reason for the divorce is you aren't compatible, then he's pretty much saying you both entered into the marriage in good faith and it didn't work out. This in and of itself testifies to your good faith.

[ShariNYC 0]

This might be ways further since I've already got a K-1 and been living with my husband for a year, but I hope someone here might have gone through the same experience as I am now....

I'm on a year marriage which I entered in good faith. I received conditional green card since March 08. Now my husband just left me and wants to file for a divorce because he said we're not compatible. It's been very hard for me since everything does not make sense from his side while I was trying to be a good wife. I heard that it's very diffecult to get a permanent GC if you don't filed it jointly for any reason except physical abusive. Also I entered the country with K-1, and I'm afraid USCIS will think our marriage was fraud, just because I want to live here. I read about a lot of cases, but it seems everyone was already in the US when they got married and so divorces and filing for waivers shouldn't be a problem for them.

Anyone who used to have K1, have succeeded in removing condition after a divorce based on a reason 'not compatible'?

I'm very stressful now, any suggestion would help, thank you so much

This will probably be moved to the appropriate forum so watch for that but what you've been told about difficulties is not quite right. It is indeed difficult to adjust status to permanent resident status (two year card or ten year card) from a K1 unless supported by the USC spouse. However, once you have the conditional residence card, it's not difficult to remove conditions on the status you have now. In fact, you don't have to wait the 21 months from March 08. You can file to remove conditions as soon as the divorce is final.

Unless your husband can make a compelling case that you defrauded him, you won't have any problem removing conditions based on having entered the marriage in good faith. The fact that he supported your initial status adjustment makes it extremely difficult for him to succeed in convincing USCIS you didn't enter the marriage in good faith. Just three months ago, the two of you sat in front of an immigration officer and convinced them you had a bona fide marriage.

If ultimately you do divorce, simply file to remove conditions once the divorce is final and get on with your life in the USA.

Thank you so much for your reply, it definitely very useful info for me. One thing though, we didn't have an interview during the AOS process. The USCIS transfered my case from Chicago to California and simply approved it and sent me a card. Is this make any different in what you just suggested?

Well, you didn't sit before any officer but your husband had lots of time to back out before the green card arrived, if he didn't think you entered the marriage in good faith. I'd do as has later been suggested and start gathering the evidence. The divorce itself can work in your favor if only incompatibility or irreconcilable differences are cited as the grounds for divorce.

"The divorce itself can work in your favor if only incompatibility or irreconcilable differences are cited as the grounds for divorce."

Could you please explain me this again? not sure what you mean...thanks

If your husband says the reason for the divorce is you aren't compatible, then he's pretty much saying you both entered into the marriage in good faith and it didn't work out. This in and of itself testifies to your good faith.

I understand now, Thank you for clarifying that. I have another issue though, very sensitive issue. I am in New York now and I've heard about divorce law here, even though the simple one (no assets or children) one of us will have to be a plaintiff and a defendant. In some case I heard it is always better to be a plaintiff, esp. for a foriegner who seeking to get GC. My fear is that, if I'm a plaintiff, I will provoke him to feel I want to sue him because he had a very bad divorce with his ex-wife which he ended up losing almost everything, and they are enemies these days. (Also he is a very temper person, 'one word could push his button' kind of guy). I don't want to create more conflict between me and him esp. during this time. Also second fear is that if I'm a plaintiff, USCIS might think I want to divorce him based on 'incompatibility' to speed up my GC? What is your opinion about this?

Thank you in advance, I really appreciated all your help.

Edited July 27, 2008 by otr

[pushbrk 13,073]

This might be ways further since I've already got a K-1 and been living with my husband for a year, but I hope someone here might have gone through the same experience as I am now....

I'm on a year marriage which I entered in good faith. I received conditional green card since March 08. Now my husband just left me and wants to file for a divorce because he said we're not compatible. It's been very hard for me since everything does not make sense from his side while I was trying to be a good wife. I heard that it's very diffecult to get a permanent GC if you don't filed it jointly for any reason except physical abusive. Also I entered the country with K-1, and I'm afraid USCIS will think our marriage was fraud, just because I want to live here. I read about a lot of cases, but it seems everyone was already in the US when they got married and so divorces and filing for waivers shouldn't be a problem for them.

Anyone who used to have K1, have succeeded in removing condition after a divorce based on a reason 'not compatible'?

I'm very stressful now, any suggestion would help, thank you so much

This will probably be moved to the appropriate forum so watch for that but what you've been told about difficulties is not quite right. It is indeed difficult to adjust status to permanent resident status (two year card or ten year card) from a K1 unless supported by the USC spouse. However, once you have the conditional residence card, it's not difficult to remove conditions on the status you have now. In fact, you don't have to wait the 21 months from March 08. You can file to remove conditions as soon as the divorce is final.

Unless your husband can make a compelling case that you defrauded him, you won't have any problem removing conditions based on having entered the marriage in good faith. The fact that he supported your initial status adjustment makes it extremely difficult for him to succeed in convincing USCIS you didn't enter the marriage in good faith. Just three months ago, the two of you sat in front of an immigration officer and convinced them you had a bona fide marriage.

If ultimately you do divorce, simply file to remove conditions once the divorce is final and get on with your life in the USA.

Thank you so much for your reply, it definitely very useful info for me. One thing though, we didn't have an interview during the AOS process. The USCIS transfered my case from Chicago to California and simply approved it and sent me a card. Is this make any different in what you just suggested?

Well, you didn't sit before any officer but your husband had lots of time to back out before the green card arrived, if he didn't think you entered the marriage in good faith. I'd do as has later been suggested and start gathering the evidence. The divorce itself can work in your favor if only incompatibility or irreconcilable differences are cited as the grounds for divorce.

"The divorce itself can work in your favor if only incompatibility or irreconcilable differences are cited as the grounds for divorce."

Could you please explain me this again? not sure what you mean...thanks

If your husband says the reason for the divorce is you aren't compatible, then he's pretty much saying you both entered into the marriage in good faith and it didn't work out. This in and of itself testifies to your good faith.

I understand now, Thank you for clarifying that. I have another issue though, very sensitive issue. I am in New York now and I've heard about divorce law here, even though the simple one (no assets or children) one of us will have to be a plaintiff and a defendant. In some case I heard it is always better to be a plaintiff, esp. for a foriegner who seeking to get GC. My fear is that, if I'm a plaintiff, I will provoke him to feel I want to sue him because he had a very bad divorce with his ex-wife which he ended up losing almost everything, and they are enemies these days. (Also he is a very temper person, 'one word could push his button' kind of guy). I don't want to create more conflict between me and him esp. during this time. Also second fear is that if I'm a plaintiff, USCIS might think I want to divorce him based on 'incompatibility' to speed up my GC? What is your opinion about this?

Thank you in advance, I really appreciated all your help.

These are issues to discuss with your divorce attorney.