Wanting to divorce question about status

[Anonymous25 1]

Hello,

I'm French, married my husband (American) in 2011, got my AOS approved a few months ago, got everything: work permit, SSN, DL and green card of course... It was a marriage of love but my husband has been cheating on me several times so I want a divorce. I tried different ways but nothing works. I'm scared of his reaction and don't know how to go through that peacefully. I do want to stay in the US. I started my life all over for him and got to know people who matter to me, I don't want to go back to France, I feel like America is my home now even though I don't want to be with him anymore.

How does that affect my status? Does that change anything to my green card? Can I stay here while divorcing/being divorced to him and keep my green card; and finally, are there any forms I need to file apart from the divorce papers?

Thanks for reading and helping me.

[Gosia & Tito 199]

Hello,

I'm French, married my husband (American) in 2011, got my AOS approved a few months ago, got everything: work permit, SSN, DL and green card of course... It was a marriage of love but my husband has been cheating on me several times so I want a divorce. I tried different ways but nothing works. I'm scared of his reaction and don't know how to go through that peacefully. I do want to stay in the US. I started my life all over for him and got to know people who matter to me, I don't want to go back to France, I feel like America is my home now even though I don't want to be with him anymore.

How does that affect my status? Does that change anything to my green card? Can I stay here while divorcing/being divorced to him and keep my green card; and finally, are there any forms I need to file apart from the divorce papers?

Thanks for reading and helping me.

Given marriage in 2011, are you not meaning completing ROC (instead of AOS) a few months back?

If it really was ROC then you are good. Regardless, you could petition for ROC on your own, even if divorced; remain in the US in the meantime and once approved, which given your post, would seem the case; continue residing.

Immigration wise, one of the forms you might need to file with USCIS is a change of address (if you move out on your own).

Legally speaking, if you are decided on your course of action, you want to file a separation agreement in a court, to protect your financial interests (so any new debts remain separate, otherwise you are equally responsible.)

Most states have a no fault divorce, so all you need to do is file. Most large cities have attorneys who specialize in simple divorces for a flat fee (less than 500 usually, but you can do it on your own actually; an attorney would just file forms).

If there are financial interests to sort out, I'd check with an attorney.

WIth such a short marriage, likely is the divorce is simple (as long as you both cooperate), unless chidren are involved, which would things more complex.

If you are scared of his reaction, you want to have another person around when you break the news, and a place to stay at least for a day or two.

Good luck

[Anonymous25 1]

Thanks for your prompt answer. I meant AOS, this is what I filed, and got my GC valid until 2024. What is ROC? It's a good thing I can do this on my own, it takes the pressure off. We don't have any children either so it makes it easier too =) Thanks again.

[NigeriaorBust 4,087]

If you got your green card issued after you were married more than 2 years then you have a 10 year card ( it seems you do ) If you weren't married that long ( and the 10 year card is in error ) you have to ROC ( remove conditions) on your status. If you are in the second case and have proof that you married for real then you are fine , if the first case you are fine with no ROC in the future. The only down side is 2 years longer before you can apply to be a USC

[Fan_Dancer 171]

If you got married in 2011 and you have a 10 year green card (which you do since it expires in 2024), you can get divorce anytime you want with no consequence to your immigration status. Just let them know when you change your address, and remember you are eligible for citizenship in 2019. Good luck!

[Anonymous25 1]

Thanks, guys. It's good news I can divorce anytime!! Yes, we've been married for about 2 years and 6 months. THANKS again, it's a total relief.

[Anonymous25 1]

I have another question though, does it matter who files for divorce in this case?

[Caryh 5,206]

I have another question though, does it matter who files for divorce in this case?

no if doesn't in regards to immigration. But who ever files for the divorce will control the process if you're in an adversarial divorce.