HAVE 2 YEAR GREENCARD NOW I MIGHT BE GETTING DIVORCED

[Cookie123 3]

So my situation is this, I am on a 2 year permanent resident card living in the US with my spouse. My greencard expires next year and so we would have to file by February 2013 as my Greencard expires in May 2013. However, my spouse is indicating to me that he is not sure if he wants to be married to me any more. My questions are as follows:

1) If we get divorced is there any paperwork that has to be filed with USCIS or do I just let my 2 year card expire?

2) If I move back to Canada from US will I be able to re-establish my old credit rating or will i have to start credit over? (I have only been living in US for 1 1/2 years)

3) How do I go about getting a bank account/drivers license in Canada in my maiden name when all my new identification is now in my married name? What documents would I have to show?

4) Since we were married, if we get divorced would we file our taxes jointly for the last year that we were married?

I would appreciate any support from people, I feel very upset that I left Canada after serious consideration to be with my husband and at the time, I gave up a good job, my apartment and family and friends only to find out now, that he may not want to be married to me because I believe he is looking for a perfect person which does not exist. I mean when I make a mistake I actually admit my fault and apologize and try to work on it to improve but apparently that is not enough for him. Now I am facing the possibility of starting all over again. I don't understand how someone can just give up so easily on someone, I mean to me that isn't marriage. I feel very alone and sad and scared at the possibility of having to rebuild my life.

Any support and answers to my questions would be appreciated.

Thanks

[Penguin_ie 5,993]

*** Moving from AOS to Effects of Major Changes as OP has already gone through the AOS process ****

[GraceLee 0]

I am sorry to hear your experience.

While it is good to be prepared for the worst condition, I believe people falling love and getting married for a reason. Did you guys reach out for help? I suggest to try family therapy and see if you guys can find the passion back.....it really works if you find a good therapist.

I wish I could be more helpful....anyway, wish you a good luck whatever your decision is.

[VanessaTony 3,567]

1. If you want to remain in the US, you file ROC either as soon as the divorce is final, or during the 90 day period, whichever is sooner. If you want to leave the US, return your card to the nearest consulate/embassy in Canada and that's all you need to do

2. I would assume much like Australia that your credit rating back home is still intact (unless you haven't been paying your bills back there). It will be at the same level it was when you left, if not better.

3. So is ALL your ID (including your Canadian stuff) in your married name? If so you won't be able to change your name back until your divorce is final. The divorce decree will be your "proof of name change"

4. If you are married as of the last day of the year then you will file married for that year. If you get divorced before the end of this year for example, you will file single. If your divorce isn't final until sometime in 2013 then you will file married for 2012.

I'm sorry you're going through this.

[del-2-5-2014 1,339]

Do you have to go back to Canada?

If you don't have to, you should stick it out here and give your new single life a chance here.

As far as divorce, yes it sucks, but you can recover quickly. It's better now than after 5, 10, 15 years of marriage.

Good luck.

[Gummibear 5]

My husband also filed for divorce after 1 year and a half . Once you're divorced you would know why people says it hurts so much. Your tax status will based on your married status on December 31st of that year. If you were married on December 31st 2011, in your tax 2011 you would file as married filing jointly (or single, it depends on you two). If your divorce is finalised on December 31st 2012, you have to file tax returns 2012 as single.

If you wanna come back to US, you just need to submit your green card to a consulate/embassy in Canada. If you wanna file for I-751 to remove your condition, you have to file a waiver in the form, but you can only do that after your divorce is finalised. You have to prove that your marriage is valid and you both entered the marriage in good faith but it didn't work out so it ends in divorce. Gather evidences like joint bank acct, jointly married tax returns, joint lease, texts, emails, pics, babies birth certificates (if applicable), affidavits from friends or parents or anyone who knows you two as a couple and can verify your marriage, w-2 shows as married status, joint bills, insurance...any thing that have your name and his name and shows that you were married.

Good luck!

Oops I meant if you wanna come back to Canada, you just need to submit your green card to a consulate/embassy in Canada, Sorry, typo.