I am completely lost and don't know what is the best solution.

[rabbit75 2]

I met my soon to be ex at the Conference in Seattle and we immediately fell in love. Despite the long distance relationship (we replaced 4 webcam and 11 headsets) we got married in Jan. 2009. Last year August, Me and him (US citizen) moved to Washington State with CR1 and received a conditional green card. We had a wedding ceremony with our families and friends and moved to Vermont due to his graduate school. While we were in Vermont we were good and had no problem, at least from my side of view but one day out of the blue he decided and told me that he wants to find his identity and wants to be single again so he no longer wants this marriage. After completing his school, we moved back to WA in June to his parents place and few days later I accidently saw his email and found that he’s been e-mailing back and forth with one of his ex-girlfriends and we had a huge fight making a big hole on the wall and he moved out. I kind of get the feeling that he did it intentionally because he transferred some amount of money from our joint account to his own account so he can move out. We had a family meeting with him and asked what I have done but he said it wasn’t my fault. We tried several counseling but didn't seem to work and now he is gone to Japan to teach English. All his families think that he is going through a depression which runs in the family and he is just running away from everything but he denies it and wouldn't get in treatment. He told me that since he's the one who's breaking the marriage, he's willing to help me get the permanent green card so I can stay here but I don't know how he is going to. Currently I am with his parents and will start a new job soon. What can he do to help me obtain the Card? Is getting a divorce and file for the waiver myself is the best solution? I do want to save this marriage if possible. My conditional green card expires in August 4th 2010. Thank you so much for your time and I am looking forward to get some suggestions soon.

[Bobby+Umit 161]

Is getting a divorce and file for the waiver myself is the best solution?

Yes.

Because of this

I accidently saw his email and found that he’s been e-mailing back and forth with one of his ex-girlfriends and we had a huge fight making a big hole on the wall and he moved out.

and this

We tried several counseling but didn't seem to work and now he is gone to Japan to teach English

[rlogan 2,036]

Agree with the above.

The problem is you cannot paint a false picture to immigration. The moment you go down the road to proving marriage-based application, you are put into a position of proving a marriage is valid and sustainable. It's one thing to have disagreements here and there, or even seek counseling for substantial problems.

But both spouses would need to prove confidence and committment to the marriage. If they don't, now you are lying to immigration. That is a risk I would never take. Why do it when you can get permanent residency without it? The potential loss is catastrophic, without any superior potential gain.

[Darnell 8,478]

is this right? My conditional green card expires in August 4th 2010

[Inky 1,110]

My conditional green card expires in August 4th 2010.

Is this the correct date? its already past August 4th 2010... which would mean your green card is already expired.

[rabbit75 2]

sorry August 4th 2011.

If i do start filing for divorce how long do u think it'll take?

Edited September 24, 2010 by rabbit75

[leahandlucas 15]

Depends on the state you live in. Some have 6 months...others have 1 year. And him being in Japan is going to make things a little harder no? especially if he needs to be present at the divorce. Call the local county and find out

[RightClicK 17]

What is happening to the people ? ....betrayal betrayal , Wake up yo guys whom betrays , you will be betrayed very soon.

I really wish that god keep you strong and get you a better life also i wonder why would he do that to you !!!.

Sam

[justashooter 430]

sorry August 4th 2011.

If i do start filing for divorce how long do u think it'll take?

you are in a good state for beginning process. washington st is only 90 days minimum from receipt of service by the respondent and court filing. some states are up to 2 years minimum. your only potential problem is proof of service, if he is in japan. perhaps a divorce lawyer can advise on the legality of a proxy service to his family empowered by a power of attourney. perhaps he can receive service at the US embassy in japan. perhaps he can be served by an agent of the embassy. once he is served you can get the decree even if he never answers or appears again. would be ideal if he gets the service accompanied by a no-contest agreement drawn up by your lawyer indicating a simple seperation and division of assets, waiver of right to mediation etc, and recognition of no child of interest. he could sign this in front of an embassy agent and return it for filing. WAG, if this all works out simply, somewhere under $2500 for an ethical lawyer and filing fees. shop around if you get sky high prices for a no contest like this. consider an estate lawyer or some other "simple divorces only" lawyer to keep your costs down.

RE your immigration issues, ask your husband for a notarized letter (notarised at the US embassy?) indicating that your marriage was genuine and that that it was entered into for valid reasons not related to immigration, and then let the clock tick. when the divorce is finalised you can file for removal of condition with the divorce waiver exception and include a copy of your divorce decree as required, in addition to the standard stack of evidence validating your marriage and cohabitation. the evidence could be pictures of the wedding with family members, rental agreements, utility bills showing both names or multiples in single names to same address, notarised statements from his family, etc. should be no problems.

good luck to you. letting go is hard, but you will get thru it. tens of millions of us have.

http://www.washingtondivorceonline.com/articles/divorce-laws.html

Who can file for a divorce in Washington?

You can file for a divorce in Washington if you or your spouse currently resides in Washington state.

Where do I file?

You may file in the county where either your or your spouse lives. Alternatively, you may file in Lincoln County even if neither of you lives there. You would only need mutual consent to file in Lincoln County.

How long is the divorce process?

The waiting period for a divorce in Washington is three months. This is the minimum period required before the court finalizes the divorce. This means the petition should have been filed with the Washington state divorce court and served on the spouse for 90 days before it is signed by the court.

However, it may take longer especially when your spouse has objections to any aspect of your petition. Other issues surrounding your case such as property disputes, domestic violence, child abuse, alcoholism or drug addiction that may pose a threat to your children may drag the case much longer.

During the three month waiting period, temporary orders may be issued to establish parenting plan for dependent children, provide protection or financial support, or control conduct of the spouses.

more in link

[rabbit75 2]

thank u so much for your help guys. I sent an e-mail to my husband last week but haven't received any reply. I guess my time is ticking so I better act fast. I have no time to mourn and sob. I might have some issues with collecting mails to prove bonefide marriege since we discarded most of our mails when we moved back here. I might be able to find an apartment contract with his and mine name on it, car insurance, and pics of us and wedding ceremony, letters etc. Would it be helpful if my in-laws write something about us and notorize it? or would just signiture be fine? I can't believe what I am going through is real.

[rabbit75 2]

One more question.

Is it possible to get divorce in WA. State eventhough we got married in another country?

[Ban Hammer 13,343]

One more question.

Is it possible to get divorce in WA. State eventhough we got married in another country?

yes, as long as you meet the residency requirements for that state.

[rabbit75 2]

Thank you charles for your help.

Before I file for the divorce I am trying to make sure that I have enough evidence so I can file I-751 myself. I am trying to collect as much as I can to prove that our marriage was in good faith but I feel i don't have enough. Since we moved back home after his school we discarded most of our mails including bank statement, electricity bills, internet bills, letters from relatives etc.. I only have several bills that indicates our previous address. We do have joint bank account, joint car insurance, and joint apartment lease. I don't remember signing my signiture when he did tax return this year but I did see that he put my name as a spouse. He only had student health insurance so I don't have an insurance. We have a joint costco membership though, would that count? and also our cell phone was under his parents phone plans and I wonder that would work too.

What else do I need to prepare?

What would I do without visajourny.

Thank you all for you help.

[Darnell 8,478]

hey - any news?