Divorce

[Cachoo 1]

She's been married since March 21 2014! It means that she's responsible of him financially.

You must leave this abuser!

I thought that once divorced the GC holder could stay in the US.

This whole thing confuses me because I'm in the same situation except I'm the GC holder and being abused.

[mallafri76 1,012]

If someone gets divorced before adjustment of status, the GC must leave the country.

For you it's different though. If you are being abused and can prove it, you will be able to stay in the US even if you get divorced before your AOS. The US have a special program for battered spouses. Get yourself a lawyer! You deserve better than being in an abusive relationship.

[Cachoo 1]

If someone gets divorced before adjustment of status, the GC must leave the country.

For you it's different though. If you are being abused and can prove it, you will be able to stay in the US even if you get divorced before your AOS. The US have a special program for battered spouses. Get yourself a lawyer! You deserve better than being in an abusive relationship.

The problem is that it's mental abuse and it cannot be proved except I have friends who've known him for years and can testify things he's done to them and were witnesses of things he did to me.

I also heard that the GC holder doesn't need to leave the country. Where did you read this?

[Caryh 5,206]

The problem is that it's mental abuse and it cannot be proved except I have friends who've known him for years and can testify things he's done to them and were witnesses of things he did to me.

I also heard that the GC holder doesn't need to leave the country. Where did you read this?

That poster was incorrect. Upon termination of the marriage the conditional green card holder can remove conditions on their own. There's a tic box on the form to use for these situations.

[Cachoo 1]

That poster was incorrect. Upon termination of the marriage the conditional green card holder can remove conditions on their own. There's a tic box on the form to use for these situations.

Caryh what do you mean by : "That poster was incorrect"?

Yes I heard I can remove conditions (ROC) on my own but isn't it going through a lot of hassle from USCIS and with the risk of getting kicked out of the country?

I mean, besides going to a therapist to have help because of mental abuse, the rest is difficult for me because the only things we have in common is the electricity bills, water and insurance bills in both our names. The rest is separate in his or my name only.

He's building his credit back so he can't even buy anything on credit.

I didn't even file the taxes with his name because the tax company told us not to.

With these only thin proofs that's for sure it won't be enough.

[Caryh 5,206]

Caryh what do you mean by : "That poster was incorrect"?

Yes I heard I can remove conditions (ROC) on my own but isn't it going through a lot of hassle from USCIS and with the risk of getting kicked out of the country?

I mean, besides going to a therapist to have help because of mental abuse, the rest is difficult for me because the only things we have in common is the electricity bills, water and insurance bills in both our names. The rest is separate in his or my name only.

He's building his credit back so he can't even buy anything on credit.

I didn't even file the taxes with his name because the tax company told us not to.

With these only thin proofs that's for sure it won't be enough.

That poster said if you divorce on a conditional green card, you have to leave. That is certainly not the case. Many divorce and ROC successfully with very little in common bills and such. You're probably more likely to get an interview, but it appears to me couples that stay together and have little in commingling of finances appear to have a harder time removing conditions, than those that divorce with the same lack of commingling.

[Cachoo 1]

That poster said if you divorce on a conditional green card, you have to leave. That is certainly not the case. Many divorce and ROC successfully with very little in common bills and such. You're probably more likely to get an interview, but it appears to me couples that stay together and have little in commingling of finances appear to have a harder time removing conditions, than those that divorce with the same lack of commingling.

If I understand that sentence : "but it appears to me couples that stay together and have little in commingling of finances appear to have a harder time removing conditions, than those that divorce with the same lack of commingling." you mean that it's more difficult for them to have the ROC accepted?

I talked to an attorney specialized in immigration who told me that if there's a divorce before the ROC then the ROC will have to be done alone and is subject to deny or not.

Even in case of mental abuse...

[Caryh 5,206]

If I understand that sentence : "but it appears to me couples that stay together and have little in commingling of finances appear to have a harder time removing conditions, than those that divorce with the same lack of commingling." you mean that it's more difficult for them to have the ROC accepted?

I talked to an attorney specialized in immigration who told me that if there's a divorce before the ROC then the ROC will have to be done alone and is subject to deny or not.

Even in case of mental abuse...

Yes its harder for a couple that stays married to ROC when they have little commingling of finances. Than the person who is divorced and removing conditions with little commingling of finances. There is no guarantee a ROC will be successful just because you stay married. Married or not, a ROC application is subject to denial.

I don't know much about mental abuse on the ROC level, but if its anything like at the VAWA level, what many want to call mental abuse, USCIS calls a bad marriage. You can ROC and get a 10 year card if you've found yourself in a bad marriage. That is exactly why there is the option to divorce and still remove conditions. What matters was your intent when you got married, not how the marriage worked out.

[Cachoo 1]

Yes its harder for a couple that stays married to ROC when they have little commingling of finances. Than the person who is divorced and removing conditions with little commingling of finances. There is no guarantee a ROC will be successful just because you stay married. Married or not, a ROC application is subject to denial.

I don't know much about mental abuse on the ROC level, but if its anything like at the VAWA level, what many want to call mental abuse, USCIS calls a bad marriage. You can ROC and get a 10 year card if you've found yourself in a bad marriage. That is exactly why there is the option to divorce and still remove conditions. What matters was your intent when you got married, not how the marriage worked out.

Ok thank you for your answer Caryh.

It's really complicated. I still don't understand how hard it could be concerning finances because if the US citizen, who needed a sponsor for the spouse will not be able to financially have something in common, like it's our case, no house in common, no car, nothing. He can't even buy any of those.

So it means that either I ROC with him or without him, I'll be in trouble anyway is that right?

It's crazy to be under such submission of those people just because so many cheated!

[onye uwaoma 131]

Ok thank you for your answer Caryh.

It's really complicated. I still don't understand how hard it could be concerning finances because if the US citizen, who needed a sponsor for the spouse will not be able to financially have something in common, like it's our case, no house in common, no car, nothing. He can't even buy any of those.

So it means that either I ROC with him or without him, I'll be in trouble anyway is that right?

It's crazy to be under such submission of those people just because so many cheated!

You're trying to cross the bridge before getting on it and that's your hardest puzzle... Why not stay positive and walk through your roc with what you have and write a well detailed affidavit of Bona fide marriage to complement for your lack of or little documentary evidence... They'll read your story and make decision based on your circumstances. Every case is unique depending on how you present it... Try not to worry too hard. Good luck!

[Cachoo 1]

You're trying to cross the bridge before getting on it and that's your hardest puzzle... Why not stay positive and walk through your roc with what you have and write a well detailed affidavit of Bona fide marriage to complement for your lack of or little documentary evidence... They'll read your story and make decision based on your circumstances. Every case is unique depending on how you present it... Try not to worry too hard. Good luck!

Yes I worry too much and for a good reason : After all the time they took to give me the visa and also the fact they didn't allow me to leave the country when my dad died last year, yes I have reasons to worry...