Not sure what to do

[gc955 2]

Im posting on here cause right now I don't know what my options are.

Im australian and my wife is american.

She left me earlier in the week as we have been having a rocky time trying to make things work. We can both say times have been tough and all the fights have now lead to us both wanting a divorce.

I have my 2 year Green Card, I am not sure what can be done to stay and what happens when it comes up to the lift conditions in 2 years.

I have my job here and I don't want to leave. I love her still but she is not wanting to meet me halfway.

Can anyone tell me if I can stay or what I can do...

I have left our house and staying with a friend for now.

Thank you

Its a really tough time right now

i am a emotional wreck, i didnt think it would get to this so soon.

Edited June 22, 2012 by gc955

[KLS2010 30]

I'm sorry to hear things aren't working out for you

Since you only have a 2yr GC, I believe you are going to have to file for the Removal of Conditions pretty much straight away, since the reason you have a GC (marriage to a USC) is no longer valid (well, won't be if you both decide to go through with the divorce). You are going to need a decent amount of evidence that you entered the marriage in good faith, since you haven't been married long (I'm just making a rough guess off the timeline in your signature, you've only been married maybe 8mths give or take?) You'll need copies of any joint financials (accounts, insurances, credit cards, etc), and anything else you can think of that will help your case.

Vanessa is pretty knowledgable about pretty much everything, I'm sure she will weigh in soon and will be better able to tell you what your options are.

Wish you the best no matter what happens

[JohnR! 5,495]

IMHO you might wish to consider speaking to your wife and going to couple's therapy and counseling.

It can help you sort out your marriage and whether a divorce can be prevented; and in the case it can't, it is one more piece of evidence you will have to show that not only you entered the marriage in good faith but also attempted to keep it from breaking apart.

On a personal note, I hope you can work out the issues. Every marriage is bumpy in the beginning. I wish you well!

[VanessaTony 3,567]

OMG I'm so sorry!! You haven't updated your timeline but I found a prior post where you got your GC around 2 weeks ago (5 June 2012). You got your EAD on 15 Feb 2012 and you've been here since sometime in October 2011.

I want to be honest and say I have a hard time believing that after 4 months (possible max) of working you love it here so much you don't want to leave. Maybe being a guy it's different but I totally would have been out of here... but that's neither here nor there. Just an observation.

You have your GC so you're an LPR. Her I-864 is locked in (not that it helps you 'cause you can't use public assistance for 5 years of being an LPR). After your divorce is final you need to file ROC immediately (or in the 90 day window, whichever comes first).

So, right now, aside from healing emotionally, you need to collect evidence of a bonafide marriage. Joint bank accounts, joint bills, same address on ID cards etc etc.

[gc955 2]

OMG I'm so sorry!! You haven't updated your timeline but I found a prior post where you got your GC around 2 weeks ago (5 June 2012). You got your EAD on 15 Feb 2012 and you've been here since sometime in October 2011.

I want to be honest and say I have a hard time believing that after 4 months (possible max) of working you love it here so much you don't want to leave. Maybe being a guy it's different but I totally would have been out of here... but that's neither here nor there. Just an observation.

You have your GC so you're an LPR. Her I-864 is locked in (not that it helps you 'cause you can't use public assistance for 5 years of being an LPR). After your divorce is final you need to file ROC immediately (or in the 90 day window, whichever comes first).

So, right now, aside from healing emotionally, you need to collect evidence of a bonafide marriage. Joint bank accounts, joint bills, same address on ID cards etc etc.

Im a bit of a emotional wreck right now.

Thanks for this info. I got my GC approved in april, but didnt get it in the mail for a long time due to some issues with USPS.

Im guessing ROC is Removal of Conditions correct?

So once the divorce is settled I can file for ROC? I have all that proof before the anniversary of my 2 year gc?

I really still can't believe this is happening.

what happens if i go back to Australia and just leave everything and only divorce?

Edited June 23, 2012 by gc955

[VanessaTony 3,567]

Im a bit of a emotional wreck right now.

Thanks for this info. I got my GC approved in april, but didnt get it in the mail for a long time due to some issues with USPS.

Im guessing ROC is Removal of Conditions correct?

So once the divorce is settled I can file for ROC? I have all that proof before the anniversary of my 2 year gc?

I really still can't believe this is happening.

what happens if i go back to Australia and just leave everything and only divorce?

Yep ROC is removal of conditions. Basically the evidence needed is the same as if you were still together, except you're filing based on a divorce waiver instead of joint filing. Some people don't have a lot of info though (obviously) so you just send as much as you can and hope for the best.

If you decide to go back to Aus you hand in the GC at the US consulate/embassy in Australia and give up LPR status. You should be fine getting a visitor visa etc because you show that you don't have immigrant intent (otherwise why would you give up the GC). Think long and hard about it though. Once it's done, it's done.

[gc955 2]

Yep ROC is removal of conditions. Basically the evidence needed is the same as if you were still together, except you're filing based on a divorce waiver instead of joint filing. Some people don't have a lot of info though (obviously) so you just send as much as you can and hope for the best.

If you decide to go back to Aus you hand in the GC at the US consulate/embassy in Australia and give up LPR status. You should be fine getting a visitor visa etc because you show that you don't have immigrant intent (otherwise why would you give up the GC). Think long and hard about it though. Once it's done, it's done.

I have a lot to think about and a million things going through my head at this moment.

I have lots of time. Its only happened and I'm praying something works out.

keeping my chin up and gotta be strong.

Thanks for the info. I will post if i have any other questions, I know i will think of something

[VanessaTony 3,567]

I have a lot to think about and a million things going through my head at this moment.

I have lots of time. Its only happened and I'm praying something works out.

keeping my chin up and gotta be strong.

Thanks for the info. I will post if i have any other questions, I know i will think of something

The main things to remember right now are: 1. You are not alone and 2. You cannot be kicked out of the country. You have plenty of time to try and work this out. You only just got your card so there's not ROC rush (where the USC drops this bombshell close to or during ROC and you're scrambling to get this sorted and don't have time to fully grieve the relationship).

You have a place to stay, you have a job so food in your belly. You will be okay, no matter what happens in your relationship you will survive one way or the other.