Wife cheated on me, I'm on a conditional green card.

[UKUS123 15]

When is the first time you can apply for removal of conditions on a conditional 2 year green card? 3 months before the expiry date of the card or when you have been married for 2 years?

I thought it was the former and not the latter.

[elmcitymaven 9,712]

When is the first time you can apply for removal of conditions on a conditional 2 year green card? 3 months before the expiry date of the card or when you have been married for 2 years?

I thought it was the former and not the latter.

It is 90 days before the expiry date on your conditional green card, or as soon as possible after obtaining a divorce (if done before the window opens). If you file for divorce but it is not complete before the time your window closes, you can apply on your own with a divorce waiver. Once you have the divorce decree, you must supply it to USCIS.

As for the California divorce, if your wife is willing to agree to a divorce, and you have few joint assets and debts, and no children, you can file jointly for a summary dissolution. This is a streamlined version of divorce for people who have been married for fewer than 5 years at the time of separation, and have few joint obligations. It is cheaper and easier than a "regular" divorce. No court appearances are required, and only one $435 fee is required (in a regular divorce, both the petitioner and respondent must pay first appearance fees of $435). It is a clean walkaway, so if she is adamant about alimony, she may not agree. Nola provided the link to the CA courts website on divorce above -- it is very useful. Summary dissolution infor here: http://www.courts.ca.gov/selfhelp-summarydissolution.htm. I've been trying to get the info for you about self-help hours at the various courthouses in LA but the LA Superior Court website is acting up today. Suffice to say that Santa Monica Courthouse keeps regular hours where volunteers can talk you through the divorce process; not sure about the other courthouses. I think it's in Room 210, if I recall correctly, and I believe the hours are in the morning 9-12. There might be some afternoon hours too.

Deal with your family law issues first. The rest will follow.

[Dave-n-Oksana 49]

I am sorry Teddy B, but you have no idea what you talking about. A marriage is over only when the divorce is finalized by court, NOT when you or your spouse or Teddy B thinks its over. OP is still married with this wife, doesnt matter if his wife cheated on him or they dont love each other anymore or anything else. So OP can remove the conditions on his greencard provided the law alows him to do so.

Start from correcting yourself. I agree there are so much incorrect info. Thats why I asked him to ignore everyone and ask the attorneys.

I am sorry Hari but you are incorrect here also. There are two dates that a marriage is over. The first is when one or both partners realize that it is done and the second is when the court recognizes it. Though for all legal purposes the latter is the one that the legal system cares about.

Also he is better off getting the divorce first then adjusting, not the other way around.

To the OP

I do not think it's in your best interest to be sharing the same residence (or any area of space) with your soon-to-be ex. Depending on how vindictive you wife is, she could falsify an assault charge against you just to prevent you getting your 10 yr card, and therefore getting you flagged for deportation.

[ascertainLovE 165]

all of a sudden everyone here is an expert on divorce. Consult a divorce lawyer. Saying you can't afford one is ridiculous, as it will/can be more costly if you don't. One thing that is guaranteed is that divorce can bring out the nastiness of humanity. The later you consult one, the worse off you will be. You need your eyes wide open from here on out.

[smp2010 0]

I would speak to a lawyer regardless asap, first an immigration lawyer then a divorce lawyer, but only after the first has told you the steps to take. Do hire a PI to get the info that you will need to unburden yourself. Again forget about the apartment etc, the meat and potatoes is the green card then the ditching of the awful spouse without too much damage. Best of luck...

[elmcitymaven 9,712]

all of a sudden everyone here is an expert on divorce. Consult a divorce lawyer. Saying you can't afford one is ridiculous, as it will/can be more costly if you don't. One thing that is guaranteed is that divorce can bring out the nastiness of humanity. The later you consult one, the worse off you will be. You need your eyes wide open from here on out.

Well, I happen to be a lawyer. I am not a California lawyer (though I am prepping for the CA Bar exam now), but I did handle my own summary dissolution in Los Angeles. I am at the Santa Monica Courthouse every week and know that they hold very useful sessions at no cost for people seeking to find out more about the divorce process. I agree that he needs to see a family lawyer, and soon. Going to the free help clinics at Santa Monica Courthouse can help him in that regard, since they can refer him to an attorney who may be able to work with his cost point.

I disagree with the other poster above that he should speak first to an immigration attorney. Get the gears of the divorce turning ASAP, since he cannot file to lift conditions on his own until the divorce is in process.

[smp2010 0]

I am suggesting that as a timeline, the immigration attorney should be able to shed insight on the steps to take to make sure he can retain his legal status, that lawyer will and should suggest if he should deal with the divorce first. My thought, and although I am not a lawyer either, that in the end you deal with what you wish to retain in the end first. The bad wife is certainly the first thing I would want to cross off the list, but my thoughts are that can happen down the line, and the more bad facts that you can chalk up against her (and that could take time) will end up saving you in the long run. Either way, get off this board of people that really don't know and consult with people that do. Watch out for unethical lawyers(here in America there are plenty of them willing to milk you dry, then they usually move on to politics, but that is a whole other story) and get this dealt with correctly. Again best of luck. You really don't want to have to return to Sweden.

[divalocs 8]

I wish you the best, I feel bad your going through this but at least you found out sooner than letter and after having children.

[raven52 233]

First, get a good attorney, and file for divorce at once.

Take all your proof, to the lawyer.

Continue your pursuit of your GC.

At this point in time, it is ALL about proof, and documentation!

I wish you good luck, I think you to be a good person, you did not deserve this!

RUN, from this situation!

[JNC69 0]

Roz,

As my suggest is seek for the lawyer that u gv you or you just remain married for another 7 months. not too long. Think about it it's suffer awhile better than suffer forever ... IF you no longer married to a citizen you may not able to adjust status I suppose. Then unless your current company would sponsor you for work visa to stay back. If I'm not mistaken. Hopefully it works ! All the best. Hang on there.

[simonzorn 0]

For now, you don't have to pay her for anything. A Court will make that determination. Get the address and phone number to your nearest California Municipal Family Court. See what free resources or services they offer for those seeking a divorce.

If she is not working, I'd get on this as soon as possible.

If she is working and earning equal to what you do, you can breath a little easier. But use your time off to get this problem resolved.

For now, you don't have to pay her for anything. A Court will make that determination. Get the address and phone number to your nearest California Municipal Family Court. See what free resources or services they offer for those seeking a divorce.

If she is not working, I'd get on this as soon as possible.

If she is working and earning equal to what you do, you can breath a little easier. But use your time off to get this problem resolved.

[Dave-n-Oksana 49]

Roz,

As my suggest is seek for the lawyer that u gv you or you just remain married for another 7 months. not too long. Think about it it's suffer awhile better than suffer forever ... IF you no longer married to a citizen you may not able to adjust status I suppose. Then unless your current company would sponsor you for work visa to stay back. If I'm not mistaken. Hopefully it works ! All the best. Hang on there.

JNC,

Just an FYI, you can Adjust Status if you are no longer married to the USC, but you have to do as soon as you have the divorce decree in your hands, and still must show proof that the marriage was in good faith.

Most times if an LPR is trying to adjust while going through a divorce, USCIS will place the adjustment on hold until the divorce is granted. This is to ensure that the Immigrant gets a fare shake in the adjustment process instead of risking being ruined by the testimony of a spiteful spouse.

Edited March 30, 2015 by Dave-n-Oksana

[Villanelle 4,122]

Wow.

Teddy was right. Theres some Freaky friday stuff going on here and its now Monday for crying out loud!

so first a big apology to the OP for having 3 whole pages of conflicting advice and being very generous in calling it discussion between members. Your question/situation is a very very common asked almost weekly in this area of the forums.

I have no idea why you got such convoluted advice.

(Just to be clear several members did post the correct info but I doubt you or anyone trying to read this is able to sort through it at this point)

So wiping the slate completely clean----

You seem to have a basic concept of Roc. And the divorce waiver. To review, as conditional card holder you must file to remove conditions by the date printed on your card. You are required to file with your spouse. It is a joint application. There are waiver boxes on the form if your spouse will not or can not sign/be signing- like if you are a widow or a victim of abuse or divorced (divorcing/separated).

You MUST must must file by the date printed on your card. Period. Fail to file by that date and your card expires. However if you are filing with a waiver box checked you can file early (up to you) as soon as a waiver box becomes available for you to check. There are a lot of factors (mostly timing) of why some people choose to file early and why some people choose to wait until their 'normal ROC' date.

OP- you listed the evidence you have so far for a bonafide marriage that you will be filing along with a divorce waiver ROC. Of course you will need the final divorce decree, and the other standard paperwork that goes in the packet(copy of ID, GC etc etc) You can look through the ROC threads for ideas of what others have included in their packets. Specifically those that had divorce waivers. Some include affidavits from people that have known them as a couple.

Some people do get statements from their ex, but its not necessary- esp if you had a bad break up- of course you wouldnt have one. Thats why your divorce decree is going to be your most important piece because it will show the financial un-co-mingling. Its a bit crazy, but its the best way to show you were co-mingled- a paper un-commingling you.

Other then that if you had any other evidence besides 'recent'. Im personally uncomfortable about just having a packet that contains only recent docs. You had a decent length marriage and courtship Im assuming. You must have something from the past. You sent in some evidence for the original visa- holiday cards, pictures, airline stubs, credit card receipts? something now... (include an explanation about the taxes for 13- they will be looking for them)

The counseling record can be useful even if its just a statement from the office stating that they know of you and you guys came to their office jointly for the period of x to y.

I really dont think you have much to worry about from the immigration end of it. Send in what you have in regards to evidence. Its pretty much what everyone has who goes through a divorce honestly youre in the average range of evidence. If they are not satisfied they will RFE you for more and give you a chance to dig up more. If you still cant satisfy them they will call you in for an in person interview where they can look you in the eye to judge how honest you are.

If you are being sincere and arent lying about anything you have absolutely nothing to worry about and will be approved. And that is the honest to God truth.

--

In regards to what your lovely bride is going on about paying for her relocation and yada yada... Do you have some sort of pre-nup? Yes? No? Im going to assume no because people that do tend not to be so blind-sighted about divorce as they prepared for it. So if its a no- then she can ask you for whatever she wants- 10k a month and you can give it to her--- if you want. Or you can tell her to go stick a fork in it- and a judge can rule on whats fair and who has to pay what to whom, if anything.

Follow Mrs Obamas instructions about do it yourself divorce info for your county or seek out a legal aid attny. Once you get the paperwork going it will dictate who lives where and who has to pay for what.(cant agree??- well again, a friendly judge will decide for you guys)

Dont simply roll over and fork out money for her relocation and continued living expenses. Shes a cheater and a drug and alcohol abuser. You have no children together. She is an adult- not your responsibility to support once you separate. Read up on basic divorce for your state. Heck read up on basic divorce in general. You are at no disadvantage because you are a GC holder or foreign, or because you are a man or because you are kindhearted and she is vicious.

Immigration and divorce and two separate yet intertwined issues for you. Work on them separately keeping in mind that at one point they will intersect.

[NikLR 13,227]

JNC,

Just an FYI, you can Adjust Status if you are no longer married to the USC, but you have to do as soon as you have the divorce decree in your hands, and still must show proof that the marriage was in good faith.

Most times if an LPR is trying to adjust while going through a divorce, USCIS will place the adjustment on hold until the divorce is granted. This is to ensure that the Immigrant gets a fare shake in the adjustment process instead of risking being ruined by the testimony of a spiteful spouse.

FYI: an LPR does not adjust their status. They are already a permanent resident. Perhaps you are thinking of ROC, removal of conditions, for a conditional green card.

Roz,

As my suggest is seek for the lawyer that u gv you or you just remain married for another 7 months. not too long. Think about it it's suffer awhile better than suffer forever ... IF you no longer married to a citizen you may not able to adjust status I suppose. Then unless your current company would sponsor you for work visa to stay back. If I'm not mistaken. Hopefully it works ! All the best. Hang on there.

---

DAMARA

excellent post and advice!!!

[Dave-n-Oksana 49]

FYI: an LPR does not adjust their status. They are already a permanent resident. Perhaps you are thinking of ROC, removal of conditions, for a conditional green card.

My apologies as I used the incorrect the term. Sorry to cause any confusion.