US Citizen Wants Divorce From Conditional Permanent Residence

[MrsNotBonJovi 18]

This was just a question for clarification, from what I have read on most of these posts, it seems you have nothing to worry about (regarding immigration, I am sure the problems at home are still horrible) since your marriage was real and in no way a business or LPR aquisition.

I would also wait for her to pay for the divorse. I recently got married as well so I feel your paid, but keep in mind you don't trully know who you married until you are getting divoresed. She must be under the impression she can have you kicked out of the country. Stay strong, change all your passwords and really consider pressing charges on teh extorsion/blackmail attempt, that is uncalled for, no one should be able to leverage immigration status for personal gain.

Irrespective of who pays or who files first, the most important thing is that you should file for ROC within two years. Also, some states have a waiting period before a divorce becomes final. So, if OP waits for his spouse to file for divorce or pay for it, he is against a time constraint to remove conditions, unless of course they reconcile and she agrees to help him with the ROC. Not saying he should hurry things up if there is the slightest chance of making the marriage work and that is what he wants to do, but he needs to factor in all of the above.

Edited July 26, 2012 by MrsNotBonJovi

[VanessaTony 3,567]

Am I the only one questioning the fact that he has the permanent residence card and the marriage has only been 5 months, but he can file for ROC? Maybe the blackmail part is an extenuating circumstance, but it says on the USCIS site for AOS that the conditional permanent status lasts for 2 full years and then the ROC can be filed. If a divorce is filed before the 2 years, the conditional status is void. Just want the correct information to get to the OP.

If you divorce the USC while in conditional status you MUST file for ROC as soon as the divorce is final because you are in breach of the terms of your GC otherwise. If the divorce takes long enough that you enter the 90 days window then you then must file ROC with the waiver (but sans divorce certificate) and you will get an RFE for the certificate. If you jointly filed ROC and while waiting start divorce proceedings then you need to change to a waiver filing and again await the divorce certificate.

After the first "conditional" GC is received then the immigrant status is basically secured UNLESS they are unable to prove the marriage was entered into in good faith when ROCing.

In the OP's case he has a fair bit of evidence, not a LOT but enough that he should be okay. My concern is whether he replied to her blackmail email and what he said to her if he did.

[georgeramsaran 4]

If you divorce the USC while in conditional status you MUST file for ROC as soon as the divorce is final because you are in breach of the terms of your GC otherwise. If the divorce takes long enough that you enter the 90 days window then you then must file ROC with the waiver (but sans divorce certificate) and you will get an RFE for the certificate. If you jointly filed ROC and while waiting start divorce proceedings then you need to change to a waiver filing and again await the divorce certificate.

After the first "conditional" GC is received then the immigrant status is basically secured UNLESS they are unable to prove the marriage was entered into in good faith when ROCing.

In the OP's case he has a fair bit of evidence, not a LOT but enough that he should be okay. My concern is whether he replied to her blackmail email and what he said to her if he did.

I didn't respond to her email

[DandT14 272]

In the OP's case he has a fair bit of evidence, not a LOT but enough that he should be okay. My concern is whether he replied to her blackmail email and what he said to her if he did.

My reply would have started with an "F" and ended with a "U".

[VanessaTony 3,567]

So I guess I'll be out of status again

No. Please follow the other advice. File for divorce (or wait for her to do it but make sure she says NOTHING about fraud or anything like that in the papers) and then once it's final, file for ROC.

Also, did you reply to her email about the money and if so, what did you say to her?

**Edit - just saw your reply. Good! It's best that you don't. She was probably trying to set you up so she could accuse you of fraud.

Edited July 26, 2012 by Vanessa&Tony

[Cesar & Cata 35]

No. Please follow the other advice. File for divorce (or wait for her to do it but make sure she says NOTHING about fraud or anything like that in the papers) and then once it's final, file for ROC.

Also, did you reply to her email about the money and if so, what did you say to her?

Actually yea, it's better you file for divorse, if she had the ba**s to blackmail you, there is no telling what she may use as a reason for divorse that could complicate things. Although the email you have really puts her in a bad position, just make sure you don't fall into temptation of using that to blackmail her. Stay on the legal side and all should be ok.

[georgeramsaran 4]

My reply would have started with an "F" and ended with a "U".

I wanted too but I Didnt...

[georgeramsaran 4]

Actually yea, it's better you file for divorse, if she had the ba**s to blackmail you, there is no telling what she may use as a reason for divorse that could complicate things. Although the email you have really puts her in a bad position, just make sure you don't fall into temptation of using that to blackmail her. Stay on the legal side and all should be ok.

I wont, I'm not a person that blackmails people or harms anyone

[georgeramsaran 4]

I thank you everyone for taking the time to respond to my questions and listen to my problems,

[DandT14 272]

Actually yea, it's better you file for divorse, if she had the ba**s to blackmail you, there is no telling what she may use as a reason for divorse that could complicate things. Although the email you have really puts her in a bad position, just make sure you don't fall into temptation of using that to blackmail her. Stay on the legal side and all should be ok.

That's a good point.

Maybe you should file, george. Don't give her the chance to cook something up. I don't know what state you're in, or what your financial situation is, but most courts have self-help desks.

I did my own divorce with a $20 NOLO book. If you can afford an attorney though, it will go smoother and faster. The initial filing is kind of a pain.

[Loida and Ed 11]

hmmm i didnt see this forum before...God ( and our church willing) we wont need this area,

Georges, I'm glad you decided to post in the main forum rather than the progress report thread but I think you should be posting in the sub-forum "Effects of major family changes on immigration benefits". Just by reading the topics in that thread you may find an answer to your questions. Best luck.

[georgeramsaran 4]

Okay I'll take an attorney tmrw and file my divorce

You are all correct

[The Agee's 0]

WOW....extortion and blackmail is a very big felony...!!!

may i ask which is I-94 sir or madam?im getting confused here...thanks in advance

[georgeramsaran 4]

I-94 is what giving to you when entered the USA legally and you were inspected by an immigration officer

And or border patrol officer

[The Agee's 0]

I-94 is what giving to you when entered the USA legally and you were inspected by an immigration officer

And or border patrol officer

is it the admission number?with eleven numbers?