Removing conditions...right after divorce? husband cheated

[utopia2004 2]

Hi,

My story is in my past posts. Basically, ive been here for one month now (POE in January). I found out my husband was cheating on me for 2 months, of which i had no clue. I wanted to make it work because i love him so much. Two days after i got here, he ran off with her. Now im staying with his family. We have been married for one year. He is saying he wants me back (at the moment), although i love him, I dont know if hes lieing (hes a compulsive lier, and is back on drugs since he met her, he was clean with me), also i dont think it could work now... And his family and everyone is telling me not to get back with him.. im stupid to consider it etc etc..

How soon after getting a divorce do you have to remove conditions on the green card?

How long does a divorce take in PA-- if the only asset is a car?

I paid for this car in August, but its in his name (i didnt have a SSN at the time), Im worried he may skip state soon (he gets of probation in March) and I wont be able to get my share of the car back if i dont divorce soon. Its a used car, i paid $2500, plus $700 for a new engine.

But I think it will look bad to immigration if i get a divorce after only being here one month!! The marriage was real, i have loads of evidence, plus letters from his family who im staying with.

Also, i cant afford to spend $400+ on a divorce and the removal of conditions fee right now, if that is what needs to be done. I only just started to look for a job, ive just got my SSN.

Any advice on this complicated situation that you can give me will be appreciated!!

[Nich-Nick 3,354]

Your greencard is good for two years so you have until it expires before you have to worry about immigration. Seems like you need to try to find a job and a life in the US or decide if the UK is where you want to be. It's a bit early to know for sure. Lots of people hate it here and get very homesick even with a loving husband, money, and health insurance.

You can remove conditions early when your divorce become final. Document everything going on so if you need it later you have it.

[utopia2004 2]

Thanks..

But do i have to remove conditions early -if i got a divorce now, or can i wait until two years is up to remove conditions, like normal?

My issue is i cant afford the ROC fee right now. As well as the divorce fees. But i might get a divorce next month so i can try and get the car back. I cant afford to pay for both right now. He wont pay for it, he has no job right now, or any money!!

How long does it take for them to divide up assests? Just one car? If he moves state, i may not get the car back, as i wont be able to find him.....

I dont know what im doing but id like to give it a go here. I guess theres a part of me that still hopes we can it work out... even though i know its not a good idea after what hes done.

[Roe 3]

Thanks..

But do i have to remove conditions early -if i got a divorce now, or can i wait until two years is up to remove conditions, like normal?

My issue is i cant afford the ROC fee right now. As well as the divorce fees. But i might get a divorce next month so i can try and get the car back. I cant afford to pay for both right now. He wont pay for it, he has no job right now, or any money!!

How long does it take for them to divide up assests? Just one car? If he moves state, i may not get the car back, as i wont be able to find him.....

I dont know what im doing but id like to give it a go here. I guess theres a part of me that still hopes we can it work out... even though i know its not a good idea after what hes done.

I am sorry for your dilemma.

Divorce in the USA is very different State to state. Look up Divorce in PA on the web. Read up on it. Each state has different laws regarding property acquired during the marriage (your car) regardless on whose name it is under. Some states allow divorces in 6 months when there are no children... others one year. DO YOUR HOMEWORK! Don not rely on his interpretation of the law... they say love is blind... don't be foolish!!!

[Nich-Nick 3,354]

But do i have to remove conditions early -if i got a divorce now, or can i wait until two years is up to remove conditions, like normal?

Read what I said again. You are good with immigration until that card expires...like normal. Divorce just gives you the option to remove early.

How long does it take for them to divide up assests? Just one car? If he moves state, i may not get the car back, as i wont be able to find him.....

I know nothing about divorce laws in PA so can't comment. Google "divorce Pennsylvania" and start reading. A $2500 car is hardly an asset. The cases that take a long time are people with children, several homes, and multi-million dollar corporations to divide. My guess it yours will be really easy. Maybe you can charge him with adultery and get all of the assets because he was a bad boy. That could happen in Texas.

I dont know what im doing but id like to give it a go here. I guess theres a part of me that still hopes we can it work out... even though i know its not a good idea after what hes done.

Well finding a job and getting on your feet is not going to be easy. He sounds like a loser and somebody who will break your heart over and over. Want to struggle to get on your feet and support him, only to have him take it from you the next time you decided to divorce him?

Edited February 11, 2012 by Nich-Nick

[Brother Hesekiel 2,236]

The condition on the conditional Green Card is that you are married to the petitioning US citizen spouse. Once you are divorced, this condition no longer exists and you are required to file for RoC, regardless of the expiration date on your card. That's the law.

In real life, the USCIS will not find out that you are divorced unless your (then) ex-husband informs them. If he does, without telling you, the USCIS will go in the offensive and you'll find yourself in a predicament.

Given your story, you should file for divorce right away. You owe that to yourself.

[VanessaTony 3,567]

Read what I said again. You are good with immigration until that card expires...like normal. Divorce just gives you the option to remove early.

Just a correction here. The immigrant MUST file for ROC immediately after the divorce is final if they are on a conditional GC. They are in breach of the conditions of their GC once the divorce is final (as Brother said) and can end up in a world of hurt if they don't.

[VanessaTony 3,567]

How long does a divorce take in PA-- if the only asset is a car?

I paid for this car in August, but its in his name (i didnt have a SSN at the time), Im worried he may skip state soon (he gets of probation in March) and I wont be able to get my share of the car back if i dont divorce soon. Its a used car, i paid $2500, plus $700 for a new engine.

Divorce depends on your state. You might end up with more time to file ROC than you realise (some states have a 6 month waiting period after filing for separation etc).

Have you asked him to sign the car over as a good faith gesture or something like that?

If he doesn't you could mention it in the divorce papers that you paid for it etc etc but there's no guarantee you'd get it back (he could say it was a gift) and if they awarded you a payment in lieu.. if he doesn't have a good income you could be waiting a long time for that too.