Divorcing and Filing for Removal of Conditions

[kennym 275]

My wife and I know a couple who are having troubles in the marriage..

Without getting into too much details, because I simply don't know the details, This couple is considering a divorce.. My wife is very close friends to the woman and I've met the husband.. The wife is from Mexico, he's a US Citizen. They were married in Mexico about 5 years ago, and she came in on a K3 Visa less than 2 years ago. One other small factor is she is 24 years old and he's 60 years old.

The primary question I want to pose for my wife's friend is; can she file for removal of conditions if they divorce? If so, what items does she need to gather to successfully file?

Also, what constitutes abuse..

The reason I ask, is not soo much to antoginize, but he is rather agressive with her, not physically, but verbally? She possibly could save the messages he leaves her which is one of the reasons she is scared and wants to divorce him...

Thanks for everyones help!!

[katiemanny 64]

Yes, she can file on her own, providing evidence she entered the marriage in good faith, joint stuff during the marriage, life insurance, health, common residence, lease agreement, etc...

Edited March 29, 2011 by katiemanny

[Harsh_77 718]

To prove abuse just on the verbal messages would be difficult, but lawyers are capable on anything and might be able to prove abuse.

Also the question will 101% pop that this marriage was fraud and was only for the purpose of immigration with the given age difference.

[Brandi n Michael 8]

If she came in with a K3 visa, she is still a non-immigrant and doesn't even have a green card yet. She will have to adjust status to even apply for a green card. I have no idea how that even works. I would look at the specifications for Adjustment of Status (I-485) not removal of conditions.

Sorry

[katiemanny 64]

To prove abuse just on the verbal messages would be difficult, but lawyers are capable on anything and might be able to prove abuse.

Also the question will 101% pop that this marriage was fraud and was only for the purpose of immigration with the given age difference.

All kinds of excuses to file for divorce will come into the pictures when its time to ROC, if you get my drift.

[kennym 275]

If she came in with a K3 visa, she is still a non-immigrant and doesn't even have a green card yet. She will have to adjust status to even apply for a green card. I have no idea how that even works. I would look at the specifications for Adjustment of Status (I-485) not removal of conditions.

Sorry

She has her 2 year green card, and is preparing for her 10 year GC, Removal Of Conditions...

[kennym 275]

All kinds of excuses to file for divorce will come into the pictures when its time to ROC, if you get my drift.

All

I would hope that there would be advise regarding my question without jumping to conclusions about fraud.. I know very little about this girl, but she spends a lot of time with my wife. I can see her sadness about her relationship is genuine... She has spent hours talking to my wife and I and is genuinly heartbroken that this side of her husband has surfaced. She didn't see this in him before she moved here.. She has repeatedly stressed how much she loves him, but can't live in a situation where she is treated with disrepect and abused verbally, not to mention the demands he places on her... I've personally seen it and I wish I could talk some sense into the husband, but it seems that his mindset and years of conditioning has made him what he is and I don't beleive I can do anything to change it...

So, if there are some real ideas about how to help this young woman, please share them.. I don't beleive there is any need to share comments about fraud.. we all know that it exists, but it's not the case here...

Kenny

[Bobby+Umit 161]

All

I would hope that there would be advise regarding my question without jumping to conclusions about fraud.. I know very little about this girl, but she spends a lot of time with my wife. I can see her sadness about her relationship is genuine... She has spent hours talking to my wife and I and is genuinly heartbroken that this side of her husband has surfaced. She didn't see this in him before she moved here.. She has repeatedly stressed how much she loves him, but can't live in a situation where she is treated with disrepect and abused verbally, not to mention the demands he places on her... I've personally seen it and I wish I could talk some sense into the husband, but it seems that his mindset and years of conditioning has made him what he is and I don't beleive I can do anything to change it...

So, if there are some real ideas about how to help this young woman, please share them.. I don't beleive there is any need to share comments about fraud.. we all know that it exists, but it's not the case here...

Kenny

First thing - does she intend to divorce now or wait till later? (before or after submission of the ROC)?

Check here for the different ways to file for ROC.

As long as she entered the marriage in good faith, and not for immigration purposes - she can freely ROC herself, with waivers if needed.

Doesn't matter at this point about the age difference - if that was a cause of concern, it would of came up with the initial application for immigration.

[Moosker 7]

On the I-751 form there is an area specifically that she can check off stating she married in good faith, but the marriage was terminated by divorce. She will also have to submit a divorce decree. Whether it's approved or not.....in the end it's up to the USCIS!

[Deputy Purple 1,294]

She doesn't need to claim abuse for immigration purposes and in fact if she does then she would be required to prove the abuse in addition to the Marriage in good faith.

She should just get divorced & file RoC without him.

[kennym 275]

She doesn't need to claim abuse for immigration purposes and in fact if she does then she would be required to prove the abuse in addition to the Marriage in good faith.

She should just get divorced & file RoC without him.

Thanks all, All good information...

But just to be clear, is there a need to "Prove" Good Faith? if so, how do you do that?

Kenny

[rika60607 215]

If they were married 5 years ago I do not understand how she ended up with conditional GC. If her AOS was approved after being married for 2 years, she would have had a 10 year GC. If her AOS was approved right before 2 years of marriage, her 2 year GC would have been 1 year expired by now.

Anyway, if all she has to do is to ROC, she is better off not claiming abuse. Just file with a divorce waiver and submit evidence of bona fide marriage (see I-751 instructions). If she claims abuse, she will have to prove BOTH abuse and bona fide marriage.

Seeing that they were married 5 years I do not think she'll have problems with ROC (unless her conditional GC already expired).

Thanks all, All good information...

But just to be clear, is there a need to "Prove" Good Faith? if so, how do you do that?

Kenny

Edited March 30, 2011 by rika60607

[Bobby+Umit 161]

Thanks all, All good information...

But just to be clear, is there a need to "Prove" Good Faith? if so, how do you do that?

Kenny

She would show that she was mingling her life with the person, finacially, personally, and go from there.

Shared bills, lease/mortgages, pictures together, sworn/affirmed letters from friends about the marriage/relationship.

Things of this nature.

[kennym 275]

If they were married 5 years ago I do not understand how she ended up with conditional GC. If her AOS was approved after being married for 2 years, she would have had a 10 year GC. If her AOS was approved right before 2 years of marriage, her 2 year GC would have been 1 year expired by now.

Anyway, if all she has to do is to ROC, she is better off not claiming abuse. Just file with a divorce waiver and submit evidence of bona fide marriage (see I-751 instructions). If she claims abuse, she will have to prove BOTH abuse and bona fide marriage.

Seeing that they were married 5 years I do not think she'll have problems with ROC (unless her conditional GC already expired).

They were married in Mexico 5 years ago.. They waited some time to apply for the K3.. K3 was approved and she enterd the country about 2 years ago, they AOS'd on K3 (Was not CR1)...

That's the best understanding I have...

Kenny