Partner seeks divorce

[N-o-l-a 7,168]

Divorce laws vary by the state you live in. It may not even be possible to contest the divorce, I know in my state you can't. If one person in the marriage wants out, there's nothing you can do to stop the divorce, you can only delay it by fighting over the terms of the divorce. Technically you're legally separated as soon as the divorce papers are filed with the court. There are states that require you to be separated for a year before you can move on with a court case if one person doesn't agree to the divorce. If you give the state you live in, someone may be able to point you to the laws in your state on how a divorce is handled.

It is really something that you are going to need a lawyer for if you don't understand. Maybe there are some DIY divorce sites out there, but VJ is not a good place to get advice on this. My ex-husband and I went pro-se on our uncontested co-petitioned divorce, but we had a very simple case. Also, our separation counted from the day we were no longer living together and the divorce took about 4 months from the date of filing to finalization because of the waiting times. That will vary widely from state to state though.

[Villanelle 4,122]

You would file for ROC as soon as you have your final divorce decree. There is a forum here called "Removing Conditions General Discussions" Theres plenty of threads from users going through similar situations or you can type 'divorce and ROC' into the search box at the top of the page.

You can also find tons of useful advice about what kind of evidence you will need to submit with your ROC.

As for what to do about the divorce- sadly contesting it wont do any good. The court can not 'force' your spouse to stay married to you. They can not force her to try to work things out with you. Contesting it simply means you contest to the legal terms of the divorce, not to the marriage dissolving. Contesting is another word for arguing. So you can argue about the grounds it was filed on, or you can argue about how the property or assets is going to be divided, but you cant argue I dont want to be divorced, please dont divorce us, legally keep us married.

As for this

I don't know how those promises and feelings, those promises on God's name change in few days and how could someone leave their marriage like this.

I really hate giving any kind of personal advice, but you are reluctant to speak with your family so Im going to offer my observation..

You are correct. People dont change that quickly. The only explanation is there was never really a commitment in the first place. So how did that happen? How did you end up marrying someone and thinking there was a commitment when there wasnt any? Because your first marriage which Im assuming you gave your all had broken down and you were devastated. By your own words you spent a year trying to win your first wife back. When you met your second wife you saw things that werent really there because you wanted to. Subconsciously you knew it. You had a "fear somewhere in your heart". Thats how it happened.

[Deep2009 18]

- Sorry about all of it.

- You have good proof that you have married her in good intentions to stay in marriage with her.

- Now, you have conditional GC... she want divorce...let her file it as "Plaintiff" and you be the "defendant".

- If your divorce is final before Sept 2014, then file ROC on your own right after your divorce (check other posts for this).

- Now, you getting back to her and working on relationship....it is a 2-way street. It will only work once both of you want it to work. Relationships are not going to work if one person is not serious in it.

Please move on and start thinking about your future.

Of course, we can only suggest what information you have given us.

Please think through it and read all posts and do your research on other posts on VJ.

Please keep us posted, we are only a post and/or email away.

Edited January 16, 2013 by Deep2009

[zaynab 4]

good luck

[Darnell 8,479]

She is not against or opposing you from getting your condition remove on your green card right? Then you shouldn't have a problem. Getting your 10 year green card right after the divorce. Just be honest with them. It must be tough for you. Keep your head up maybe things will work out for you, perhaps not as you planned. It is never easy to hear stories like this. Keep the spirit alive and have faith. Your marriage going into this was in good faith. No one can blame you for that. What ever the outcome is. As long as you stay true to yourself time can help heals wound.

I'm sorry, but when divorcing, and divorced, the USCitizen Spouse's thoughts, feelings, wants, needs and desires are NOT taken into consideration when filing ROC after a divorce.

What are you thinking?

[Darnell 8,479]

After Marriage proofs, Same address on both of our ids, Her change of name on Marriage certificate, Her change of name on Social Security Card, Her name change on her License, Joint bank account, 60+ pics with her family members since i came to Unite States.

Alas, this isn't enough for proof of bonafide marriage evidence.

[caly 48]

Thought this thread might be helpful to the OP and may provide some additional ideas for proof of a bonafide marriage that he might not have thought of: http://www.visajourney.com/forums/topic/330303-removal-of-condition-and-evidence/page__pid__4909529#entry4909529

It might also give some hope as the OP in the link posted just had their ROC approved (without interview). He had been married 10 months before he found out his wife was cheating on him.

Edited January 17, 2013 by caly

[romanticminds 11]

I'm sorry, but when divorcing, and divorced, the USCitizen Spouse's thoughts, feelings, wants, needs and desires are NOT taken into consideration when filing ROC after a divorce.

What are you thinking?

I don't know a whole lot about immigration process yet as I am fairly new. I'm Still trying to figure things out. I'm still at the early stage myself here. Still waiting for my NOA2. Your NOA2 timeline is almost the same as mine about a couple of weeks earlier I see. I was wondering how your case coming along even with the expedite request, you heard of anything from them yet? My petition for my wife was denied earlier in 2010. I'm starting a new one for her. I pretty much been waiting for 3 years now just to bring my wife here and our son was just born on the 13th. With USCIS you make a mistake and it can cost you a couple of years. I'm new to Visajourney I sign up a couple weeks ago. So what your story Darnell?

[Darnell 8,479]

So what your story Darnell?

http://www.visajourney.com/forums/topic/394282-filed-i-130-yesterday/

[ksb 0]

Sorry about your situation, I went through the same situation but be faith in GOD! My ROC approved without an interview even less than 10 months of marriage. Don’t wait till your CGC expired; start looking for immigration lawyer and file ASAP when you get a final divorce decree on your hand. Apart from pictures, name change and address proof you need some more evidence to prove bonafide marriage like joint bank account, credit card, insurance policy, joint utility bill etc. try to collect more and more evidence showing both names on it like invitation card or store membership. You may need at least 5 strong affidavits from people knows you both as couple. It would be great if she or someone from her household can give you an affidavit but not necessary(anyway I didn't get it from them). You can review list of evidence that I had submitted with immigration in my post would give you an idea.Feel free to contact me for any help.