Divorce Turned Ugly

[VanessaTony 3,567]

Just because you file for a divorce will not remove conditions of your conditioal green card. You can apply for a waiver 90 days prior to the expiration of your card, but your case will be adjudicated and you will have to appear at USCIS for an interview. You can only have a waiver approved normally under two conditions. 1) If you were abused physically. You had better have police reports and medicals reports or it is just hearsay and not factual. USCIS deals only in facts. 2) You entered the marriage in good faith. Hope you have all the proof of that. Wedding photos are not good enough. Hope that you actually tried to work on saving your marriage and went through marriage counseling, etc... I was used by my ex and I divorced her and submitted all of the evidence I had to her immigration packet. I treated her well but she had a hidden agenda, so I hope she enjoys the U.S. while she can, because on November 2, 2012, unless USCIS approves removal of the conditions from her 2 year conditional green card, she wll have to go back home. She and any other spouse that immigrates and uses the USC does not have or earned the right to stay in the U.S. This is my opinion. A 2 year conditional green card is issued to see if you have a valid marriage before removing conditions, not getting it and then divorcing your husband. Maybe you have a unique case, but mine was cut and dry. I was used. She is already on two dating sites because she knows her days are limited.

Ditto to Bob 4 Anna's corrections. There are several issues with your post. The main I will address is as soon as your divorce is final you are in breach of the conditions of your conditional GC and MUST file ROC immediately. You do not wait for the 90 day window.

Edited February 4, 2012 by Vanessa&Tony

[Grant PDX 183]

I have first hand knowledge of 3 cases that had divorces involved after K1.

The first was about a 5 year marriage. The immigrant had time to get citizenship first, so she wasn't affected. After the petioner was divorced he filed for a new fiance and they had no problem through their process getting the new K-1 approved. They are good friends and have been married for 8 months now in the US.

The second was an immigrant who was in your same position. She had been in the US for about 1 1/2 years and her relationship turned a bit ugly. She stayed in the US and filed for the ROC (I provided one of the affidavits that said I believed their relationship was bonafide) and had conditions removed. She is still here in the US with her new boyfriend and her ex petitioned for another K-1 and had that approved and his new wife is now in the US (and hopefully not in an ugly relationship).

The last one was me. My ex has been in the US long enough that she has citizenship so that doesn't pertain. But I have filed for a new K-1 and have no reason to believe that the previous marriage should have any impact.

Also, the Permanent Residence is yours. He can't prevent you from using it. He CAN try to make things difficult for you, but as long as your relationship was bonafide, entered into in good faith, and you have some ability to demonstrate that, there really shouldn't be much he can do. I would be prepared with as much evidence as you can, affidavits from people who know both of you and know that you had full intentions of being together long term, in addition to any other documents that show a relationship.

Best of luck, no matter how much other people reassure you, I know it is stressful until it's taken care of. But given what you've said, you should be ok.

[Penguin_ie 5,993]

**** One post removed. The OP has not asked for judgement on her situation- if you cannot give helpful advice, do not post *****

[acuratlsd 11]

You and my husband had the same situation. He treated his ex well but she just married him for immigration purpose but my husband just divorced her and didnt reported her or showed any evidence that she is a user . His ex is still in the US. We are in the process of CR-1 visa and im worried that my husband short marriage to her ex would be a red flag. My husband ex is also filipina. Any opinion about this would be much appreciated.Thanks!

My ex was a filipina too. I brought her to Germany on a Military SOFA stamp. After she stepped foot into the country and she was out of the Philippines. She was a whole new person. Completely ignored me, I found out she was cheating on me because my friends saw her and even the filipina friends she made in Germany on base told me she was cheating.

She kept getting me for false domestic violence while I was on base even though they couldn't find a scratch on her. She did it to me many of times because I would not finish her K-3 visa. She got very angry at me. I told her that you are cheating on me, you will be going back to your country as soon as your SOFA stamp gets revoked.

Military police is not so intelligent. She called the police on me and they busted down the door and I was in the kitchen making Ricotta with an apron on. Real Hard Core I was!

I should have saw the signs that she wasn't stable before I brought her over to Germany, but I was too dumbfounded by love.

[StellaB 0]

Stella, why would he stop you from re-entering and to finish divorce? --- just asking!

At the time he was really angry that I had decided to leave him. Our marriage was entered into in good faith. We even waited a year before filing for the green card. But, as the economy went south, so did his business. He started to drink heavily. He became abusive (verbally never physically) with me. I tried to support him and stick with the marriage, but it got to the point where I just couldn't anymore. Having grown up with an abusive father, I vowed to myself that I would never again live like that. When I told him I was leaving him and that I had gotten a good job opportunity overseas for a few months, he lost it. He said that he made me and I owed him and threatened to stop me form being able to return. I think he just said it to scare me, but at the time I was traumatized.

[StellaB 0]

Just because you file for a divorce will not remove conditions of your conditioal green card. You can apply for a waiver 90 days prior to the expiration of your card, but your case will be adjudicated and you will have to appear at USCIS for an interview. You can only have a waiver approved normally under two conditions. 1) If you were abused physically. You had better have police reports and medicals reports or it is just hearsay and not factual. USCIS deals only in facts. 2) You entered the marriage in good faith. Hope you have all the proof of that. Wedding photos are not good enough. Hope that you actually tried to work on saving your marriage and went through marriage counseling, etc... I was used by my ex and I divorced her and submitted all of the evidence I had to her immigration packet. I treated her well but she had a hidden agenda, so I hope she enjoys the U.S. while she can, because on November 2, 2012, unless USCIS approves removal of the conditions from her 2 year conditional green card, she wll have to go back home. She and any other spouse that immigrates and uses the USC does not have or earned the right to stay in the U.S. This is my opinion. A 2 year conditional green card is issued to see if you have a valid marriage before removing conditions, not getting it and then divorcing your husband. Maybe you have a unique case, but mine was cut and dry. I was used. She is already on two dating sites because she knows her days are limited.

I'm sorry that your first relationship didn't work out. However, I entered into my marriage with such hope and love and ended up with a man who became a drunk and abuser. I did try to save the marriage but after a while had to get out of a situation that was only causing me hurt.

I do have plenty of evidence that my marriage was real and will file ROC as soon as my divorce is final.

Best to You

Stella

[RickJovi 81]

I'm sorry that your first relationship didn't work out. However, I entered into my marriage with such hope and love and ended up with a man who became a drunk and abuser. I did try to save the marriage but after a while had to get out of a situation that was only causing me hurt.

I do have plenty of evidence that my marriage was real and will file ROC as soon as my divorce is final.

Best to You

Stella

Good luck. I am finally with the FIlipina I deserved in the first place. Now if USCIS will speed things up a little. May 8th is our 5 month mark for our NOA1. Take care and God Bless.

Rick