I am getting a divorce...

[Anori 2]

I've been with my husband for six years and I got my status adjusted through him. We got married back in 2013 and I got my green card in July of 2014. Shortly after we got married, he moved his mom in with us. Long story short, our relationship is now ruined. Our marriage is ruined. That woman is a nightmare. Now we're talking about divorce. We're already separated. The problem with that is, I still need to remove my conditions in May, 2016. I don't know what to do and I am so afraid. My life is here now. I don't want to be deported.

[Ontarkie 14,446]

~~Moved to Effects of Major Family Changes from ROC - As similar discussions are discussed in this forum. And at this time Anori is not applying for ROC. She is looking for support and help to understand her next steps.~~

[Anori 2]

That's not why we're divorcing. I was fine that she moved in, but I knew there would be issues, because for starters, she didn't even know we were gay. She always came in-between our relationship and she treated me like I was so beneath her. She had no regard for me and I would always talk to my husband about it. He didn't want to do anything to make the situation better. We started to get into arguments because I wan't happy. I felt like I didn't even belong in my own home. Instead of fixing the issue, he did the next best thing... screw someone else. I moved out. Now here I am and I don't know what to do.

[Ontarkie 14,446]

~~Judgmental and non contributing post removed. One post quoting also removed. If you cannot answer the OP Do Not Post.~~

[Janelle2002 3,865]

That's not why we're divorcing. I was fine that she moved in, but I knew there would be issues, because for starters, she didn't even know we were gay. She always came in-between our relationship and she treated me like I was so beneath her. She had no regard for me and I would always talk to my husband about it. He didn't want to do anything to make the situation better. We started to get into arguments because I wan't happy. I felt like I didn't even belong in my own home. Instead of fixing the issue, he did the next best thing... screw someone else. I moved out. Now here I am and I don't know what to do.

I understand and I apologize about my judgmental post. That was very wrong that your spouse did not tell his mother you all were a homosexual couple. This is just awful.

Please read these instructions.

http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

You can file as long as you can prove you entered into your marriage in good faith and you need to file before you are put into removal proceedings. Good luck.

[Anori 2]

It's alright, and thank you so much.

[tuckin14 58]

Basically, you will have to show that you entered the marriage in good faith. The most important things will be evidence of cohabitation and cominging of finances. USCIS usually also wants to see that you held yourself out as a married couple to your family and friends, although I don't know if they have a policy in that regard on same-sex couples who may still wish to be "in the closet" to at least some of their network.

The circumstances of separation are not directly germane to the marital bona fides, but they may give an indication as to what the parties' intentions were. In your situation, it's extremely unlikely USCIS would interpret the marital breakup as evidence that you did marry in good faith. (As opposed to, say, if you had been involved in an affair prior to marriage and continued it even after marriage.)

It will help to remain on good terms with your spouse. First, it will help you collect the relevant evidence. Second, if the marriage is not terminated by the time the I-751 process is ripe, you may have to file a joint petition, which will require his signature. Finally, while the spouse's evidence or position is certainly not dispositive (remember, some couples conspire to enter into sham marriages), it can't hurt and could help if his story comports with yours about how the marriage began in good faith but then dissolved.

Your spouse's good faith is not relevant - only yours is.

[Adil & Jeanne 296]

Problem is same sex marriage was not recognized in your country until 2016 / domestic relationships were but not sure what privledges that gives you as far as marriage and divorce?????

need an attorney

[newacct 688]

You have two options. Stay married and file Removal of Conditions jointly. Or divorce and file Removal of Conditions by yourself.

In both cases, you need to show the marriage was genuine at the time you got your green card. As long as you can show that, you will keep your permanent residency and not be deported.

[Adil & Jeanne 296]

sorry wrong about 2016 that was the "going to be law" it is legal now according to supreme court but was not when you married

[NikLR 13,232]

It's irrelevant. As long as they were married in a state or country that recognized same sex marriage, they were married for federal purposes.

ANYHOW

I'm so sorry you've had to go through this. It does sound down right awful.

You can file based on divorce, which I suggest you do asap. Collect anything that shows you entered the marriage in good faith and anything that shows you had a genuine marriage when you were there. Best of luck to you.