green card arrival and quick divorce.

[LionessDeon 2,060]

Praying for you. Sorry to hear this.

[Pianist27 31]

The affidavit is still in effect until she becomes a US citizen, or gets 40 social security credits. It doesn't actually mean you have to support her personally, only to reimburse the government if she goes on welfare, for example. There is some family law precedent which holds that the affidavit also implies personal support, but that's still a murky area legally so I wouldn't worry about it especially as you do not have any children.

Just get on with your life. She has to file for adjustment of status on her own and the burden is entirely on her to show she entered the relationship in good faith.

[bronco37 16]

My wife has been here a little over a year now. However, we are divorcing with no kids and property etc. We have have no joint accounts, bills, cars, or anything at all. We had to refile by end of Sept. What will happen now?

If you are divorcing now, she will have to get an extension on her CR1 by filing i751 waiver and explaining that there is a pending divorce. Once divorced, she will have to file the divorce paperwork along with proof of bona fide marriage and get her greencard.

I-751 form clearly defines what is needed to prove bona fide marriage. AFAIK, without children, less than 2 years marriage and no commingling of finances it is bit of a long shot to get ROC cleared through USCIS without any hassle. I may be totally wrong about it, but, with my experience with USCIS, they are really all about paperwork. WIthout primary evidence in the paperwork, they send people through a lot of hassle.

As far as I-864 is concerned, your wife can waive her rights to sue you for I-864 benefit during divorce settlement. But, she can't waive US Govt.'s right to receive reimbursement for benefits provided to her. I'd not worry too much about Govt. as permanent residents do not qualify for mean tested public benefits in most states.

PS: It is not your responsibility to prove fraud, it's US Govt.'s job and it's your wife's challenge to prove that she's not a fraud because in ROC burden of proof solely lies on her. If I were you, I'd write a letter to USCIS district director detailing your side of the story. Will they bother to read it? I do not know. But, maybe it will give you some peace of mind.

Edited October 1, 2014 by bronco37

[Pianist27 31]

PS: It is not your responsibility to prove fraud, it's US Govt.'s job and it's your wife's challenge to prove that she's not a fraud because in ROC burden of proof solely lies on her. If I were you, I'd write a letter to USCIS district director detailing your side of the story. Will they bother to read it? I do not know. But, maybe it will give you some peace of mind.

A friend in a similar situation was advised by his divorce lawyer not to contact USCIS as it could be seen by the divorce court as being petty and vengeful, and in any event, USCIS would likely listen but not take action based on what you say as they would just consider you a disgruntled spouse. YMMV.

[TBoneTX 46,379]

One comment that added nothing to the thread has been removed. Post constructively or do not post.

[nitrous_guy 23]

She can petition to remove the conditions on her green card 90 days before the 2 year anniversary in order to receive a 10 year greencard.

However, if you get divorced she can file straight away, no need to wait for the 90 day window.

Unfortunately there's nothing you can do now. Move on, try and put this behind you and keep smiling

That's news to me, are you saying, someone who got a conditional GC, and later they divorce, they can file for ROC, before the 2 years is up?

[dwheels76 5,477]

That's news to me, are you saying, someone who got a conditional GC, and later they divorce, they can file for ROC, before the 2 years is up?

They are required to file within 90 days of Divorce being granted using the divorce waiver.

[nitrous_guy 23]

They are required to file within 90 days of Divorce being granted using the divorce waiver.

Ok, I see what you are saying...

The beneficiary doesn't have to wait until 90 days to file for ROC, before his conditional GC expires, the beneficiary CAN apply for 10 year LPR GC, once the divorce is finalised, is that correct?

But the beneficiary would also have to wait under 5 years, instead of 3, to get his US citizenship, as he is no longer married to the USC spouse, is that also correct?

[dwheels76 5,477]

Ok, I see what you are saying...

The beneficiary doesn't have to wait until 90 days to file for ROC, before his conditional GC expires, the beneficiary CAN apply for 10 year LPR GC, once the divorce is finalised, is that correct? YES

But the beneficiary would also have to wait under 5 years, instead of 3, to get his US citizenship, as he is no longer married to the USC spouse, is that also correct? YES