Please I need your advice with regards to my status!!!Please.............

[shining_star1984 0]

Hi everyone!!

I really need some advice and things I need to do with regards to my status..I arrived here in the United states last March 15,2010 w/ a CR1 visa but when I entered here in the United States its 2 years and 2 months of marriage already.I went to USCIS office if they could fixed it and change it to 10 years but they said what they follow is the one when I had my interviewed which I was approved last Nov. 12 2009 which is less than 2 years of marriage.The problem is,my husband had a girl living with him and who just give birth in other words he cheated on me when I was in the Philippines so I didn't go directly or stay with him.Im right now staying with a friend and currently working in fast food chain..The money that I used when I went to my interview,medical and my plane ticket Im the one who provided it .He told me that if I ever need to adjust my status he would willing to help but how would he able to do that if they were living together with the girl which according to him his main concern is the baby but he help the girl to stay with him rather me as his wife...Im working hard and try not to ask any help coz he said hes not even working too yet..I'm so upset with him really,he caused me so much pain when he told me about that I wont be able to get here coz he have problem on his tax..blah blah but when I told him that I proceed with my interview and I passed it that's the time he said that the main reason is he got a girl pregnant,...I truly hate him,when I was in the Philippines he doesn't support me for 6 months and he left me with no options..

Is there a way that I could informed the DHS regarding on what he did that supposed to be hes the one taking charge with me so that if ever they know that im not staying with him they wont go after me it would be him for that affidavit of support he signed..I kept those pics and they were a lot as my evidence with him and his pregnant girl which his cuzin posted b4 in Face book and the confessions he did on e-mail..There are some who said that I just call the USCIS if they could fix it once i received my actual gc w/c is I did but they still said that I have to apply for the I-751 before it expires to adjust it which it means I have to move with my husband and ask his help on that which its so hard for me to know that they are living upto now..Some said too that i'll just call DHS,so now I need some of your advice here or to some who went to the same situation like mine..Please I need your help here!!!!!!

[GueraKristina 1]

i am not familiar with the CR1 because i did a fiance visa for my husband, but can't you adjust status by yourself? If you already have a greencard, i am pretty sure that you dont need your husband for the rest of the process, you can get a divorce and let USCIS know of the situation and then file the appropriate paperwork so that you can get your 10 yr green card. I am not 100% sure, but if you came into the country and marriage with a good heart and YOU were not deceptive, then i think you should be fine. There have been other casesi have read on here where a husband or wife cheats, after the greencard is already received, and i am pretty sure the none US citizen can file the rest of the paperwork by themselves. Good luck, and i am very sorry about your situation. Good luck and keep your head up.

[shining_star1984 0]

i am not familiar with the CR1 because i did a fiance visa for my husband, but can't you adjust status by yourself? If you already have a greencard, i am pretty sure that you dont need your husband for the rest of the process, you can get a divorce and let USCIS know of the situation and then file the appropriate paperwork so that you can get your 10 yr green card. I am not 100% sure, but if you came into the country and marriage with a good heart and YOU were not deceptive, then i think you should be fine. There have been other casesi have read on here where a husband or wife cheats, after the greencard is already received, and i am pretty sure the none US citizen can file the rest of the paperwork by themselves. Good luck, and i am very sorry about your situation. Good luck and keep your head up.

Thank you Kristina,CR1 mean conditional permanent visa which it means for me to adjust is I need to proof with some documents as a couple..He knows its not what Im after about that gc,I still have love for him and its so hard for me to think that he did such things to me...He even said that he wants us to divorce a couple of years from now..I just don't know how to handle it if I have to move out on his place coz actually the people Im staying here right now treated me like their daughter which Im so thankful about it...I just hope there are really ways that I wont be needing him to adjust my status on my own..

[LIFE'SJOURNEY 970]

In this case the OP will have to show that she and her husband made an attempt at being married, such as living together, co-mingling funds. She cannot just arrive off of a plane and decide, wow I am not down for this marriage. All of the others facts that are related to why she is not living with her husband is irrelvant in the process of ROC.

I am stating facts, and not judging whom is right or wrong in a broken marriage. Nor does USCIS care who was wrong in a broken marriage, but they do care if the marriage was a real marriage from the time the visa was granted and up to the time the marriage start dissolving itself.

[JimVaPhuong 4,863]

Hi everyone!!

I really need some advice and things I need to do with regards to my status..I arrived here in the United states last March 15,2010 w/ a CR1 visa but when I entered here in the United States its 2 years and 2 months of marriage already.I went to USCIS office if they could fixed it and change it to 10 years but they said what they follow is the one when I had my interviewed which I was approved last Nov. 12 2009 which is less than 2 years of marriage.The problem is,my husband had a girl living with him and who just give birth in other words he cheated on me when I was in the Philippines so I didn't go directly or stay with him.Im right now staying with a friend and currently working in fast food chain..The money that I used when I went to my interview,medical and my plane ticket Im the one who provided it .He told me that if I ever need to adjust my status he would willing to help but how would he able to do that if they were living together with the girl which according to him his main concern is the baby but he help the girl to stay with him rather me as his wife...Im working hard and try not to ask any help coz he said hes not even working too yet..I'm so upset with him really,he caused me so much pain when he told me about that I wont be able to get here coz he have problem on his tax..blah blah but when I told him that I proceed with my interview and I passed it that's the time he said that the main reason is he got a girl pregnant,...I truly hate him,when I was in the Philippines he doesn't support me for 6 months and he left me with no options..

Is there a way that I could informed the DHS regarding on what he did that supposed to be hes the one taking charge with me so that if ever they know that im not staying with him they wont go after me it would be him for that affidavit of support he signed..I kept those pics and they were a lot as my evidence with him and his pregnant girl which his cuzin posted b4 in Face book and the confessions he did on e-mail..There are some who said that I just call the USCIS if they could fix it once i received my actual gc w/c is I did but they still said that I have to apply for the I-751 before it expires to adjust it which it means I have to move with my husband and ask his help on that which its so hard for me to know that they are living upto now..Some said too that i'll just call DHS,so now I need some of your advice here or to some who went to the same situation like mine..Please I need your help here!!!!!!

You can remove the conditions on your green card without your husband's help. The requirements are that you are a person of good moral character, that you entered the marriage in good faith, and that the marriage ended in divorce. All of these have to be proven.

Good moral character is easy to prove - don't get into any trouble with the police. The divorce is also easy to prove - after the divorce is final, get a copy of the divorce decree. The hard part is going to be proving you entered the marriage in good faith. USCIS usually wants to see evidence that the marriage began like a normal marriage. Since you were married almost two years at the time you entered the US, do you have any evidence that you had a viable marriage before while you were in the Philippines? Did you live with your husband for any length of time there? Did he support you? Did you make any concrete plans for how your marriage would continue after you came to the US?

USCIS recognizes that the marriage begins the day you get married, and not the day you step off the plane in the US, but you have to prove anything you claim with evidence. For most people, that evidence is a lot easier to get after they begin living with their spouse in the US. You might consider hiring an attorney to help you with this.

[LIFE'SJOURNEY 970]

In this case the OP will have to show that she and her husband made an attempt at being married, such as living together, co-mingling funds. She cannot just arrive off of a plane and decide, wow I am not down for this marriage. All of the others facts that are related to why she is not living with her husband are irrelvant in the process of ROC.

I am stating facts, and not judging whom is right or wrong in a broken marriage. Nor does USCIS care who was wrong in a broken marriage, but they do care if the marriage was a real marriage from the time the visa was granted and up to the time the marriage start dissolving itself.

There are a couple of statements that gives me some concern about your situation and the the facts given doesn't make sense, but if you wish to disolve this marriage then you should be talking to a divorce lawyer. If you want to convince USCIS to adjust your present 2 yr GC to a 10 yr GC, base on the fact that you were married for 2 yrs upon entry into the US then you should be working with USCIS on this.

You have alot going on for only having been in the US for a little over a month. Note: arrival 3/15/2010.

Please note: You nor your husband should result in lying to USCIS inorder to assist you in maintaing a GC, the consquences are not worth it. This is a moral issue for you'll to decide at.

Good luck on whatever decsion you'll arrive at.

[shining_star1984 0]

You can remove the conditions on your green card without your husband's help. The requirements are that you are a person of good moral character, that you entered the marriage in good faith, and that the marriage ended in divorce. All of these have to be proven.

Good moral character is easy to prove - don't get into any trouble with the police. The divorce is also easy to prove - after the divorce is final, get a copy of the divorce decree. The hard part is going to be proving you entered the marriage in good faith. USCIS usually wants to see evidence that the marriage began like a normal marriage. Since you were married almost two years at the time you entered the US, do you have any evidence that you had a viable marriage before while you were in the Philippines? Did you live with your husband for any length of time there? Did he support you? Did you make any concrete plans for how your marriage would continue after you came to the US?

USCIS recognizes that the marriage begins the day you get married, and not the day you step off the plane in the US, but you have to prove anything you claim with evidence. For most people, that evidence is a lot easier to get after they begin living with their spouse in the US. You might consider hiring an attorney to help you with this.

Hi,Yes I have those proof with me like,those cards he sent to me before,package receipts,I even kept his debit card which he gave to me before he left as a form of his money remittance with me..I even kept those supporting documents like our e-mails before..I know I don't have nothing to be scared of coz in my heart even up to now I married him bec. I love him and we been both building our dreams before like after I get here..He stayed there for 21 days and after that we have our constant communication like spending hours talking almost everyday..Until now,we communicate by e-mail and sometimes by phone..Its just hard for me to deal with this that the girl is staying on his house with their baby..i know I have the rights over her to be with my husband but I just don't know how I would convince him for him to settle that girl in other place like he said he want me to move with him and rent a place for me which I don't know when would that happen since Im starting building my own life working hard even without his help.

If ever then I file for divorce right ow,would that work?some said I could file also for alimony against him coz its almost a year now that no financial assistance coming from him.Would this work?

Edited April 26, 2010 by shining_star1984

[JimVaPhuong 4,863]

Hi,Yes I have those proof with me like,those cards he sent to me before,package receipts,I even kept his debit card which he gave to me before he left as a form of his money remittance with me..I even kept those supporting documents like our e-mails before..I know I don't have nothing to be scared of coz in my heart even up to now I married him bec. I love him and we been both building our dreams before like after I get here..He stayed there for 21 days and after that we have our constant communication like spending hours talking almost everyday..Until now,we communicate by e-mail and sometimes by phone..Its just hard for me to deal with this that the girl is staying on his house with their baby..i know I have the rights over her to be with my husband but I just don't know how I would convince him for him to settle that girl in other place like he said he want me to move with him and rent a place for me which I don't know when would that happen since Im starting building my own life working hard even without his help.

If ever then I file for divorce right ow,would that work?some said I could file also for alimony against him coz its almost a year now that no financial assistance coming from him.Would this work?

It depends on the laws of the state, but in many states he is not required to provide any financial assistance to you until he's ordered to do so by a family court judge. This is usually a matter that's decided during the settlement phase of the divorce proceedings. Most states have a standard formula for determining spousal support, and many states will generally not order spousal support at all in cases where the marriage was of a short duration. In California, for example, spousal support is not often granted in marriages of less than 5 years.

You could file a lawsuit to attempt to force him to support you based on the affidavit of support. These civil suits fail more than they succeed, and the legal fees are usually pretty high. The problem is that the affidavit is a contract he signed with the US government. He never promised you in any contract that he would support you. Instead, he promised the US government that you would not end up on public benefits. That point is moot, since you aren't even eligible for most public benefits until you've been an LPR for at least 5 years. Nevertheless, the affidavit does say you can sue him for support. Your chances would probably be better in a federal court, since they would be more likely to enforce a contract with the federal government. State courts have to follow state laws, and most states don't have any provisions to enforce the affidavit of support.

Usually, I would recommend someone postpone a divorce until they're absolutely sure the marriage is a failure. If nothing else, it gives them more time to collect the good faith marriage evidence. In your case, it wouldn't matter since you're not living with him. My honest opinion is that the evidence you've got is probably not going to be nearly enough to satisfy USCIS. The evidence you have is pretty much the same as someone who is engaged to be married. You never really set up a household together, and lived as a married couple. In fact, you have essentially the same evidence you had when you received the visa.

I really think you should consider talking to an immigration lawyer.

[LIFE'SJOURNEY 970]

It depends on the laws of the state, but in many states he is not required to provide any financial assistance to you until he's ordered to do so by a family court judge. This is usually a matter that's decided during the settlement phase of the divorce proceedings. Most states have a standard formula for determining spousal support, and many states will generally not order spousal support at all in cases where the marriage was of a short duration. In California, for example, spousal support is not often granted in marriages of less than 5 years.

You could file a lawsuit to attempt to force him to support you based on the affidavit of support. These civil suits fail more than they succeed, and the legal fees are usually pretty high. The problem is that the affidavit is a contract he signed with the US government. He never promised you in any contract that he would support you. Instead, he promised the US government that you would not end up on public benefits. That point is moot, since you aren't even eligible for most public benefits until you've been an LPR for at least 5 years. Nevertheless, the affidavit does say you can sue him for support. Your chances would probably be better in a federal court, since they would be more likely to enforce a contract with the federal government. State courts have to follow state laws, and most states don't have any provisions to enforce the affidavit of support.

Usually, I would recommend someone postpone a divorce until they're absolutely sure the marriage is a failure. If nothing else, it gives them more time to collect the good faith marriage evidence.

In your case, it wouldn't matter since you're not living with him. My honest opinion is that the evidence you've got is probably not going to be nearly enough to satisfy USCIS. The evidence you have is pretty much the same as someone who is engaged to be married. You never really set up a household together, and lived as a married couple. In fact, you have essentially the same evidence you had when you received the visa.

I really think you should consider talking to an immigration lawyer.

^^ agree. The more the OP post, the more this is evident.

[rika60607 215]

It seems to me that your best bet would be to:

1. Hire a lawyer to help you deal with USCIS. You should have received a 10 year GC. You do not use proper terms when you describe your immigration situation and so USCIS may either have misunderstood you, or they just sent you away so that they don't have to fix their screw-up. Lawyer could confirm for you that you were eligible for a 10 year GC and do all the communications with USCIS.

2. Convince your husband to divorce you (it is important that he files for divorce, since you are from PI). There is no good reason for him to (essentially) have two wives.

From the link below:

What Is Conditional Residence?

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.”

http://travel.state.gov/visa/immigrants/types/types_2991.html#Conditional

Hi everyone!!

I really need some advice and things I need to do with regards to my status..I arrived here in the United states last March 15,2010 w/ a CR1 visa but when I entered here in the United States its 2 years and 2 months of marriage already.

[shing 0]

Hi everyone!!

I really need some advice and things I need to do with regards to my status..I arrived here in the United states last March 15,2010 w/ a CR1 visa but when I entered here in the United States its 2 years and 2 months of marriage already.I went to USCIS office if they could fixed it and change it to 10 years but they said what they follow is the one when I had my interviewed which I was approved last Nov. 12 2009 which is less than 2 years of marriage.The problem is,my husband had a girl living with him and who just give birth in other words he cheated on me when I was in the Philippines so I didn't go directly or stay with him.Im right now staying with a friend and currently working in fast food chain..The money that I used when I went to my interview,medical and my plane ticket Im the one who provided it .He told me that if I ever need to adjust my status he would willing to help but how would he able to do that if they were living together with the girl which according to him his main concern is the baby but he help the girl to stay with him rather me as his wife...Im working hard and try not to ask any help coz he said hes not even working too yet..I'm so upset with him really,he caused me so much pain when he told me about that I wont be able to get here coz he have problem on his tax..blah blah but when I told him that I proceed with my interview and I passed it that's the time he said that the main reason is he got a girl pregnant,...I truly hate him,when I was in the Philippines he doesn't support me for 6 months and he left me with no options..

Is there a way that I could informed the DHS regarding on what he did that supposed to be hes the one taking charge with me so that if ever they know that im not staying with him they wont go after me it would be him for that affidavit of support he signed..I kept those pics and they were a lot as my evidence with him and his pregnant girl which his cuzin posted b4 in Face book and the confessions he did on e-mail..There are some who said that I just call the USCIS if they could fix it once i received my actual gc w/c is I did but they still said that I have to apply for the I-751 before it expires to adjust it which it means I have to move with my husband and ask his help on that which its so hard for me to know that they are living upto now..Some said too that i'll just call DHS,so now I need some of your advice here or to some who went to the same situation like mine..Please I need your help here!!!!!!

[Otto 83]

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