IR1 Visa category questions and dilemma

[transk_d7 0]

Hello to all. I need help and clarification regarding my IR1 category green card. I got here in the USA last year of June 2014 thru a IR1 (Immediate Relative) petition from my

spouse. Unfortunately, after all the adjustment and compromises, me and my wife could not get along well. Things got really bad last week after a big fight erupted with her

leaving our apartment (which I'm paying) near our workplace and she going home in her house (which she owns for a long time). Everytime we fight, she always threatened

that I need to be careful coz I am still on her feet for 2 years as CONDITIONAL/PROBATIONARY status and if not, she will not file for the removal of my status come this

December and I will deported back to my country. With this scenario, can someone shed some light to the following?

1. Is this 2 years conditional status applies to my category? I read somewhere that mine is different coz it's IR1 and will expire for 10 years and not 2 years. If so, can my

spouse still file to dismiss my green card?

2. I have given this so much thought, If I decide that I cannot live with my wife and decides to separate (We got married btw in my country and not here in the US), CAN I

FILE FOR WAIVER TO DISMISS THE PROBATIONARY status?

3. Unfortunately, I am subjected to countless emotional/psychological abuses when she gets mad and I cannot handle it anymore, what evidence will I need in order to

support this? I do not have police, clergy nor social worker report. All I got are text messages I sent to my friends and her sister and the last fight we had I was able to

take pictures of the mess she made (she threw all the food in the table and floor) and the audio record I made during her cursing me and my family.

4. Lastly, do I HAVE A CHANCE THAT I CAN RETAIN MY GREEN CARD STATUS?

Thank you very much to all who can take time to answer this problem of mine.

[aleful 1,905]

hi

if you were married for over 2 years and you got the 10 year GC, then you don't have to remove conditions

removing conditions to get the 10 year GC is for those married under 2 years, the spouse receives a 2 year GC which he or she has to remove conditions, and prove that the marriage is bona fide, to get the 10 year GC. you don't remove conditions if you already have a 10 year GC

she cannot do anything and you don't need to do anything, you can get divorced if there is no way of fixing things in your marriage

Edited October 11, 2015 by aleful

[transk_d7 0]

Thank you aleful for the reply. If worst comes to worst that this marriage will not work out, I will have this marriage be nullified in my COUNTRY to which we got married, only annulment

and no divorce either.

Aleful, one more questions..WILL MY APPLICATION FOR CITIZENSHIP AFTER 3-5 YEARS WILL BE AFFECTED IF I SEPARATE FROM HER?

[Pitaya 2,577]

~Moved from K1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

Edited October 11, 2015 by Pitaya

[kkk1 42]

Thank you aleful for the reply. If worst comes to worst that this marriage will not work out, I will have this marriage be nullified in my COUNTRY to which we got married, only annulment

and no divorce either.

Aleful, one more questions..WILL MY APPLICATION FOR CITIZENSHIP AFTER 3-5 YEARS WILL BE AFFECTED IF I SEPARATE FROM HER?

Since you have 10 years of green card nothing will affect you. I mean divorce or anything. If fights are terrible then stay away from her otherwise if she make false police complaint then you will be in unwanted legal trouble off course that would affect you in citizenship application.

If you are separated or divorce than it will take 5 years to get citizenship.

If you can save your marriage, then try to involve your relatives or go for counselling. just stay clam, don't be stress. You have done nothing wrong. Sometimes relationship doesn't go as we want. Good luck man

[transk_d7 0]

Thank you aleful and kkk1 for the message. To give you an update, My wife and I just had a talk. It seems we have agreed to separate our ways, she is informing me that she will consult a lawyer to FILE A DIVORCE. I am concern with my welfare now, here's my questions:

1. We married in a civil ceremony in the philippines, hers being an american citizen, she was required to get a form from the US Embassy to state that she is bona fide single individual in the USA. CAN SHE FILE FOR DIVORCE HERE IN THE USA even though we were not married here?

2. If she will divorce me, WHAT WILL HAPPEN TO MY STATUS? Will I still be allowed to stay? Will that affect my 10 years green card and will not qualify for US Citizenship?

Thank you once again

[Sandra G. 5,057]

You can divorce. You will not have any problem with your GC, but you will be able to apply for Citizenship after 5 years of being a GC holder.

She can divorce you here in the USA.The marriage in the Philippines is valid in the USA.

[j&ana 363]

Yes she can divorce you in The USA.

No it will not affect your status. As mention you will have to wait a little longer to get citizenship. If it as bad as you say then it should be worth it to be away from her

One other thing although the Philippines do not allow divorce there are exception

If a foreigner divorce a Filipino/Filipina in another country then the Philippines will also

recognize the divorce.

So if you are unhappy let her divorce you . You can get on with your life and maybe you can find the girl that will treat you right and you can love. Whether the girl is in USA now Philippines or some other country

[j&ana 363]

Thank you aleful for the reply. If worst comes to worst that this marriage will not work out, I will have this marriage be nullified in my COUNTRY to which we got married, only annulment

and no divorce either.

Aleful, one more questions..WILL MY APPLICATION FOR CITIZENSHIP AFTER 3-5 YEARS WILL BE AFFECTED IF I SEPARATE FROM HER?

Look up the family code of the Philippine if a foreigner spouse divorce a Filipino/Filipina Then the Philippines will also recognize it

You might have to file some paperwork there but you should not have to get an annulment

[transk_d7 0]

Hi to all. I have an update of my condition regarding my IR1 and relationship status with my wife. I need some help and I will appreciate all concerns and answer. She called me this morning to inform that SHE RECEIVED AN EMAIL FROM USCIS INFORMING HER OF I-765 TO APPLY FOR PETITION OR ELSE I WILL BE DEPORTED AND I WILL HAVE UNTIL DECEMBER 1, 2015 TO STAY IN THE USA. Is this possible or she is making up stories to pressure me? What will I do to protect myself? I work in a hospital here in Norfolk, Virginia and SHE ALSO THREATENED ME TO WRITE TO THE HRMO TO FIRE ME FOR MY GREEN CARD issues IF SHE WILL NOT PETITION ME ANYMORE. Again my visa is IR1 with expiration date of 6/17/2024.

At this point of time, I am definite and final in my decision not to attend any marriage counselling and I don't want to be with her anymore. I deserve to be happy and not to be with someone that I cannot be comfortable with and be happy. Thank you all.,

[kkk1 42]

Hi to all. I have an update of my condition regarding my IR1 and relationship status with my wife. I need some help and I will appreciate all concerns and answer. She called me this morning to inform that SHE RECEIVED AN EMAIL FROM USCIS INFORMING HER OF I-765 TO APPLY FOR PETITION OR ELSE I WILL BE DEPORTED AND I WILL HAVE UNTIL DECEMBER 1, 2015 TO STAY IN THE USA. Is this possible or she is making up stories to pressure me? What will I do to protect myself? I work in a hospital here in Norfolk, Virginia and SHE ALSO THREATENED ME TO WRITE TO THE HRMO TO FIRE ME FOR MY GREEN CARD issues IF SHE WILL NOT PETITION ME ANYMORE. Again my visa is IR1 with expiration date of 6/17/2024.

At this point of time, I am definite and final in my decision not to attend any marriage counselling and I don't want to be with her anymore. I deserve to be happy and not to be with someone that I cannot be comfortable with and be happy. Thank you all.,

Leave her. Bring restraining order on her. You are alright. I guess she is watching new series of walking dead. You are fine. No one can kick you out. If you have IR1. She has serious issues. That will not work. Your work place must knows what exactly your visa is. If you leave her then also you can apply for citizenship but after 5 years. Sleep nicely and block her from everywhere.

[NikLR 13,231]

She's trying to scare you. You have a green card. You do not need work authorization.

I suggest moving to a new apartment, and stopping all contact except through a lawyer.

[oceanborn 33]

She's trying to scare you. You have a green card. You do not need work authorization.

I suggest moving to a new apartment, and stopping all contact except through a lawyer.

All of this. Cease contact, the scare tactics are nothing more than that. Your Green Card is secure.

[transk_d7 0]

Thank you NLR and oceanborn for the encouragement. Yes, I will try to be calm and let her do the cursing in text as this will be my basis of proof later on. I am finishing my 2 years experience in this hospital then I will find another state to live away from her. Hope she will file for divorce, otherwise, I have no choice but to file this myself so I could move on completely before moving out.

[transk_d7 0]

MERRY CHRISTMAS to all. Hope each and everyone will have a joyful holiday celebration. I am making a follow up question regarding my status with my

my wife. I am considering all the possible scenarios and I want to ask the following questions:

1.) My wife did not pursue the divorce papers. We are 3 months separated and 1 month no communication from her. As of now I plan to stay here in

Virginia for 1 more year and eventually transfer to California to have a new life. Can anyone tell me what's the best way to deal with my separation

before I transfer?

2.) If she will try to ignore me nor totally stop communicating with me, what will be the impact on our divorce in the future. My concern is this THAT SHE

WILL TRY TO IGNORE ME UNTIL THE TIME IF I PURSUE THE DIVORCE PAPERS TO GIVE ME HARD TIME. Is there a law that states if the two

spouses are not living together for 10 years then that will be a basis for automatic divorce?

As of now, my mind has made up that I need to focus on with my life, to go on and start all over again. I made a mistake in marrying her and a BIG LESSON

for me to learn in the future. All I want is before I move on somewhere else, I need have peace of mind. Any suggestions will greatly be appreciated.