Filing for Divorce - Do I have a solid case?

[JenniferJacobsson 0]

Hi everyone,

Any feedback would be greatly appreciated.

So I moved here to the U.S. from Sweden in March 2012. Filed for my AOS in early May...and received my GC one year later. (it took forever.)

Me and my (now) husband have been together since 2008 and there's plenty of proof of that. He got a resident permit to stay in Sweden as well, so we lived together for a year and we made plenty of trips back and forth visiting each other when we weren't living together.

My husband wanted to go back to School for HVAC in New Jersey where we live now, I thought AWESOME! That's a great career. He promised me he'd support me, and that I didn't have to worry about money. He promised that for once in our relationship he would take care of me. Because before moving to the U.S. I paid for everything. All flight tickets, The Visas, Rent, Food. He never had money.

I was in love and I thought that he was the one person I was going to spend the rest of my life with.

I moved here, dropped everything at home and left my family behind.

We get married. It's all good in the beginning. He had finished school and started working.

But my husband is different. He's very private, he doesn't like to be in photos (so when we got married he looked so uncomfortable.) he's very opinionated, and has a strong personality. Honestly a little bit of a sociopath...and I'm seriously not joking about this.

After a year and a half of being married.

I still had to pay insurance and down payment for his truck...he didn't have money...as usual.

I paid my whole AOS application fee myself. When we filed for taxes in 2013, he got the whole tax return I never got my share (and I had already started working in 2012.) AND I had to pay the tax guy the filing fee cause my husband just ignored it. While being and becoming a more and more missrable, he was very verbaly abusive. He hasn't been able to keep a job. He has huge debt. His truck has already been repossed once, and toyota is still calling him because he's late paying again after me and his family had to help him come up with about $2000 to get it back.

I am so happy we never shared bank or credit accounts. It was his idea in the first place, thank god.

Oh and did I mention he's 34 years old, 7 years older than me and we live in his mom's house....STILL.

So sorry for the lenghty post, but I honestly have no one to talk to about this and get real advice from

I want to file for divorce, but I don't want to leave the country. I've established myself here now. I have a full time job at Nordstrom and I'm building my career there. As well as hussling a second job at LUSH handmade cosmetics. I have bills, credit cards (wich I succeeded to establish myself) new friends, new family. I'm not ready to go home.

So now, thinking about the application process, filing the removal condition by myself I'm getting nervous because I have very little proof of our "mingled finances". He didn't want to screw up my credit or make it harder for me because his credit was already messed up. We were still living in his moms house so we didn't pay rent, we just shared his room and made it our own. It didn't make sense to open a joint bank account either, we agreed on who pays for what...I pay for food, he pays for gas for example. I have some pictures, our tax return, affidavits from my in-laws (that are really sad that it didn't work out but understands because they have to deal with my husbands disrespect and lack of care around the house), and car insurance under both our names, i put him on my dental insurance at Nordstrom, we share the same address but that is it.

I'm worried it's not enough.

What do you guys think? Can I file for my removal conditions by myself as divorced with that proof?

I'm not ready to go home just yet. I have bills to pay and credit cars (lol) no but for real though.

THANK YOU! THANK YOU! THANK YOU! <3

[JohnR! 5,495]

You don't need any proof that your divorce was justified. During your ROC you'll need to prove your marriage was real and not for the purpose of you getting a greencard, so you need to gather evidence to that effect, as evidence that you lived together and had a life together, regardless of how long it lasted. As a rule of thumb, if you married for real, you shouldn't have any problems during ROC.

Good luck!

[Pianist27 31]

There is a "good faith" waiver for removal of conditions; basically you need to satisfy USCIS that you came here in good faith and that the marriage did not work out. From a casual perusal of similar threads, it seems most of these waiver applications are successful.

[JenniferJacobsson 0]

Thank you JohnR!

Trust, I had a good life back home in Sweden...

I have plenty of proof that I entered the marriage in good faith, and USCIS have too, probably on file from when I filed for my AOS. We were together for about 4 years before I moved here. It's just since we got married until this point we never shared any of our finances besides filing our Taxes together. I feel like he never took our marriage seriously. He didn't even get me a wedding band, the day before when his friend found out she was shocked and hooked us up with a last minute set because her brother worked at a jewelry shop. He just never cared and there was never any point to argue with him, he was always right because "he's much older than me." *rolleyes*

Thank you, It was always in good faith becuase struggled in Sweden, he didnt work, he didnt go to school, he never learned the language so I thought, for sure! If you wanna go back to school to build a new career and have a good job I'll leave Sweden for you and we'll get married and we'll have a better life.

[JohnR! 5,495]

Then you should not worry. During ROC if you are required to appear before an officer for an interview concentrate on the marriage itself, not on the divorce. You might be asked about it and in that case be honest but to the point. Have evidence to show you have divorced, but in the end what the interviewer will be looking for is evidence of a bona fide marriage, and you seem to have enough of that. :-)

Thank you JohnR!

Trust, I had a good life back home in Sweden...

I have plenty of proof that I entered the marriage in good faith, and USCIS have too, probably on file from when I filed for my AOS. We were together for about 4 years before I moved here. It's just since we got married until this point we never shared any of our finances besides filing our Taxes together. I feel like he never took our marriage seriously. He didn't even get me a wedding band, the day before when his friend found out she was shocked and hooked us up with a last minute set because her brother worked at a jewelry shop. He just never cared and there was never any point to argue with him, he was always right because "he's much older than me." *rolleyes*

Thank you, It was always in good faith becuase struggled in Sweden, he didnt work, he didnt go to school, he never learned the language so I thought, for sure! If you wanna go back to school to build a new career and have a good job I'll leave Sweden for you and we'll get married and we'll have a better life.

[JenniferJacobsson 0]

Thank you, that makes me feel a little better. My mother in-law wants him to just sign the ROC for me, because she feels like he owes me after having me move here and I quit my job, sold my car, left my family and friends back home in Sweden.

But I know that's not the right thing to do, we're still legally married but our relationship is bad now. From when we got married it has just slowly gone down the hill and I've been trying to be hopeful and patient but enough is enough. I have to apply for my ROC in 3 months and I haven't filed for divorce yet.

AND I'm leaving Dec 28-Jan 12 to see my family in Sweden, I don't know when the best time to file for this divorce is going to be.

Before I travel?

There is a "good faith" waiver for removal of conditions; basically you need to satisfy USCIS that you came here in good faith and that the marriage did not work out. From a casual perusal of similar threads, it seems most of these waiver applications are successful.

[JenniferJacobsson 0]

Thank you so much!

It's hard, all this, everything is new, I really appreciate your feedback and help.

Then you should not worry. During ROC if you are required to appear before an officer for an interview concentrate on the marriage itself, not on the divorce. You might be asked about it and in that case be honest but to the point. Have evidence to show you have divorced, but in the end what the interviewer will be looking for is evidence of a bona fide marriage, and you seem to have enough of that. :-)

[DC85 113]

even if you file jointly they will need evidence. My advice, if you see no hope in this marriage. File for Divorce ASAP, divorce law varies from state to state. You will need your divorce decree for the process. The earlier you get your divorce decree the better.

[JenniferJacobsson 0]

Thank you so much,

working together with my husband to get this divorce started. We're both agreeing and are filing for a No-fault divorce in NJ. Our case is very simple so I'm hoping the process will be easy and quick.

Do you guys think USCIS will think I didn't enter it in Good-faith if I only have:

Tax return 2013 filed jointly

Tax return 2014 filed married but seperate

Copy of green card

Wedding certificate

Copy of both our drivers licenses with shared address

Car insurance under both our names.

Photos from the day we got married

Photos together in the US, as well as with the family for both thanksgivings, and with friends on New years eve.

His Swedish visa documents

documents that he went to Swedish for immigrants

Swedish ER hospital bill

Photos of us from Sweden

Countless flight tickets and bording passes

A person blog where we would write posts to eachother when we were apart, going back to 2008.

Affidavit letters from my father in law and mother in law

That's all I can think of right now that I have as proof I entered the marriage in good faith.

I'm also thinking of adding a cover letter explaining how we lived with his mom and step-father and that is why we don't share a lease, or had to pay utility bills. He also had bad credit so he didnt want to mess mine up so we never shared bank accounts, or credit cards. (Thank god I didn't because he racked up a HUGE debt...again.)

What do you think? Is it enough?

I really don't wanna go home right now, because I have bills now, and credit cards, and I've established my own credit, and a career at both my jobs, new friends, new second family. And I've falled in love again with a very special person.

Should I also apply myself or seek a lawyer?

Thank you!

even if you file jointly they will need evidence. My advice, if you see no hope in this marriage. File for Divorce ASAP, divorce law varies from state to state. You will need your divorce decree for the process. The earlier you get your divorce decree the better.