It didnt work out :( now what do i do?

[coldwatersurf 5]

Hi All,

its been sad... but my spouse and I have decided on divorce. He no longer wants kids and I do... (down the road)..... we have a real marriage and love each other but cannot make it work w/ the simple fact we both want different things and cannot be together.

What do I do? what should he do? Do I move back to Canada (where I'm from)??? i really dont want to... i've established friends and families and dont want to have to move back... please help.

We have been married since march 2008 and i moved to US in April 2009. Im on a 2 year visa which will expire next year March 2012... I'm currently permanent resident.

Edited July 13, 2011 by borderdriver

[abdelnish83 6]

Aww im soo sorry to hear that. But still yet it is the right decision to make and be happy u caught it now rather than later. now that the relationship isn't going to work out and u both have agreed on that and u know in ur heart this isn't what u want then you should do whats gonna be best move for u financially, emotionally, mentality, and everything else. No one can really tell you what you should do because we all dont know what you personally is going thru, so give it some thought and weigh the pros and cons of u staying or leaving. Just a suggestion though, u could still stay and move into separate housing. It truly is a shame and sad that you guys came this far in ur visa/adjustment status and than have to dissipate the marriage. I know u will make the right decision for u. Best wishes.

[miss191209 1]

im so sorry for u..

i know this kinda of feeling, u can stay in the US..since u already have established a life there

[coldwatersurf 5]

oops sorry... my mistake. im on a 2 year green card and its going to expire next march 2012 and i need to renew and i have no idea what the rules are for immigration since i will be divorced by then. and we are separating our own ways at the end of this month.... urgh life sucks

[milimelo 4,477]

Make your way to the Removal of Conditions forum - plenty of VJ members in your situation who successfully removed conditions and received 10-yr green card.

Go to uscis.gov and under forms find I-751 - read the form and instructions then start gathering evidence for filing ROC.

Good luck, you'll be ok.

[coldwatersurf 5]

Thank you

[Nimaan 27]

You won't have to wait until your conditional green card expires to file the petition. Once you have the divorce decree, you are required to file the I-751 to remove conditions. You will need to check the box stating you are filing the 751-with a divorce waiver, meaning you entered the marriage with good intentions but unfortunately the marriage ended in a divorce.

You will have to start gathering all your paperwork proving financial co-mingling, joint taxes, apartment leases, utility bills, insurance....basically anything and everything with both of your names to file with your petition.

There is also a thread in the removing conditions in VJ for 751 waivers.

I went thru this last July '10 and got my 10 yr green card in May '11.

Good luck!

[coldwatersurf 5]

Thank you Nimaan.... I am eligible to get citizenship instead of 10 year green card? or do i have to wait longer?

We have 2 joint bank accounts, we joint apartment lease agreement, a joint credit account, 2 years of joint tax returns, insurance accounts, so i believe i have some good proof. Will there be an interview for removing conditions? if so, will i be able to go to it alone? this is so mind boggling. sorry for the questions.

We are filing divorce petition at the end of august since this separation is sudden and everything is such a financial inconvenience. blah!

and thanks for the answers.. i will def check the ROC forum..

ps. VJ is freakin awesome... couldnt have done this whole immigration stuff w/o VJ'ers

[Nimaan 27]

If you are divorced, no citizenship until 5 years from the date on your green card..it sucks!! otherwise we could have applied in 3 yrs!

If I knew about VJ, I would have never wasted my money on the lame attorney who did NOTHING for me except mail my petition! He wasnt clear on the items I had to send. So, I ended up getting a RFE (request for more evidence of a bona fide marriage) and even received an interview. But thank God, I was able to send more evidence and the interview was great, as I was able to explain my situation to the immigration officer.

The items below you mentioned seems to be sufficient, just keep collecting whatever you come accross for the last 2 years, and once the divorce is finalized, send the 751 with the divorce waiver. If the divorce decree wont be ready by March 2012 (depends on state you live) then you can still file the 751 and you will get a RFE for the divorce waiver.

Let me know if you have any quetsions!

,

[Casprd 167]

Since your next step is the ROC, you will be ok. Removing conditions by yourself is pretty common and you will just need to show that you entered the marriage in good faith.

[Brother Hesekiel 2,236]

Get a divorce, if that's what you want.

After you have the divorce decree on hand, file your I-751 with a waiver. That's nothing else than marking on the bottom that you file alone instead of jointly. You will have to prove that you entered the marriage in good faith, which you do by providing evidence of a life together since getting married, but you would have to do that anyway, still married or divorced.

The majority of such R.o.C. petitions are approved just the same. Note that you cannot file late, even if your divorce is not final by March of 2012.

If you split from your husband, you will have to wait until you have been a resident for 5 years before you can become a US citizen. That's the only difference: 2 more years.

[coldwatersurf 5]

thank you all... this sounds good. i have saved all the information i had from getting my k3. so i just have to collect all the recent paper work i need. i think i will be fine. we are filing divorce sometime late august/early september and it takes 90 days from date of filing to finalize and get the decree. we have agreed on all the financial stuff so it will be an easy divorce (i hope! nothing changes later)... lol.. i've worked at a law office in our county so divorce paper work is not so bad to figure out.... just hard to deal with what everything is going on... thanks for all the support here...

does anyone know what happens to taxes next year... will i need to keep in contact or can i just file single? i will not be itemizing... it will be easy filing.

[milimelo 4,477]

thank you all... this sounds good. i have saved all the information i had from getting my k3. so i just have to collect all the recent paper work i need. i think i will be fine. we are filing divorce sometime late august/early september and it takes 90 days from date of filing to finalize and get the decree. we have agreed on all the financial stuff so it will be an easy divorce (i hope! nothing changes later)... lol.. i've worked at a law office in our county so divorce paper work is not so bad to figure out.... just hard to deal with what everything is going on... thanks for all the support here...

does anyone know what happens to taxes next year... will i need to keep in contact or can i just file single? i will not be itemizing... it will be easy filing.

You'll have to file married filing separately as you are/were still married for majority of the year.

[john_and_marlene 162]

You'll have to file married filing separately as you are/were still married for majority of the year.

Absolutely False!

Your filing status is single if, on the last day of the year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree, and you do not qualify for another filing status.

[MamaAsiya 8]

There is a 6 month waiting period for divorce in California - you will not be divorced by the end of the year. I petitioned for a divorce over a year ago and it is still not finalized *sigh*. Of course, yours may be quicker if you have a lawyer. You probably won't have the divorce finalized by the time you have to apply for ROC, which means you will have to send the divorce decree in later. Do NOT miss the deadline to file for ROC!