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azoupime

conditional green card and divorce

By azoupime in Effects of Major Family Changes on Immigration Benefits

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azoupime Apprentice

azoupime   1

Posted
Filed: Timeline
Posted

hello,

He is the us citizen and I am the green card holder....I had my conditionnal in may of last year....as any couple we were having some problem,

but we have always dealt with them ( a lot of them is about finance, he is not responsible about money...he has a very bad credit). Last august he went back to Haiti ( we are originally from this country, I am a french citizen) to visit, he spent 3 weeks there and come back....

We have talking about moving to florida where I want to open a beauty salon, we were on the last phase of moving when I learn that he has a girl pregnant back home....I can deal with almost every situation but not this one....I am ready to file for divorve and move to florida....

I have some doc to prove that our marriage was genuine....he spent most of his time now at his father house....

Please help.. :crying:

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v333k Experienced

v333k   59

Posted
Filed: Citizen (apr) Timeline
Posted
hello,

He is the us citizen and I am the green card holder....I had my conditionnal in may of last year....as any couple we were having some problem,

but we have always dealt with them ( a lot of them is about finance, he is not responsible about money...he has a very bad credit). Last august he went back to Haiti ( we are originally from this country, I am a french citizen) to visit, he spent 3 weeks there and come back....

We have talking about moving to florida where I want to open a beauty salon, we were on the last phase of moving when I learn that he has a girl pregnant back home....I can deal with almost every situation but not this one....I am ready to file for divorve and move to florida....

I have some doc to prove that our marriage was genuine....he spent most of his time now at his father house....

Please help.. :crying:

Having documents to show your marriage was entered in good faith is very good. Can you get some evidence about the pregnant girl? Any evidence you can get in order to support your claim for a divorce when applying for removal of conditions will be helpful. Are you in a good relationship with his parents? if yes, you can ask them to write affidavits, if not, then you need to ask someone who knows both of you to write affidavits and attest to your marriage and your husbands pregnant lady.

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

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Rob and Jill Community Regular

Rob and Jill   82

Posted
Filed: AOS (apr) Country: Scotland
 Timeline
Posted

Unfortunately, I do not have any immigration advice to offer you, only my sorrow over your situation. I hope it works out well for you in the end, although I know you will have some trying times until it is finalized. I will keep you in my thoughts and send positive energy your way.

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

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azoupime Apprentice

azoupime   1

Posted
Filed: Timeline
  • Author
Posted

Thank you guys.....I talked to my husband about the situation and his answer was that he did not care..he said "I don't care i am not the one waiting for a green card, do what you want"....

I decided to call my lawyer and talk to him....My only concern is in the Maryland you have to live apart for year before you can get a divorce...

I do know if I have to file my taxes jointly or separeted if I want to go trough the divorce...

thanks.

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EstebanTrabajos Mentor

EstebanTrabajos   7

Posted
Filed: Citizen (pnd) Country: Mexico
 Timeline
Posted (edited)

You can file your taxes either way, this won't change the outcome. You can apply for removal of conditions without him as long as you have proof that you entered the marriage in good faith. The fact that he got another girl pregnant will matter to the officials and help your case. You don't have to stay with him in order to lift conditions don't worry. Since you just got your green card in May, i suppose it expires in May 2011 right? If you need to live apart for a year before starting the divorce, you can go ahead and move out. If you haven't completed the divorce process by the time you need to apply for removal of conditions, schedule an infopass appointment and explain the immigration officers your situation, bring a statement with you explaining the reason why you will have to wait before applying for yourself. They will understand and will not start deportations proceeding if you let them know that it's not that you are abandoning your residence but are waiting for a divorce instead, since you need a divorce decree to remove conditions.

When the time comes to apply for lifting conditions, you need to have proof that your marriage was truthful, and also maybe ask friends to write affidavits of support and attest what happened with your husband and his extramarital affair that resulted in the pregnancy of the other lady.

Edited by TävôLuDô

05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

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