Spouse does not support in removal of conditions on CR1 visa (merged)

[destinychild1 10]

You guys are missing that in North Carolina, you must be legally separated for 1 year before you can file for divorce. She can't just go file for divorce in North Carolina. I see one reason why he might be trying to push the divorce in India, is he's hoping she'll be stuck there too long and lose her green card.

Thank you for understanding the point I am trying to make.

With NC laws, I will not be able to file divorce until next year February. By thn I will lose my GC.

Since I am not sure if divorce in India would suffice to remove ROC, I do not want to agree on mutual basis (This way he will have divorce without any issues, leaving me to struggle for GC, my job and stay in USA)

Don't know what to do!!

[Cheezees 1,514]

No one is missing that at all. She would file for separation and then divorce. OP, you are not the first and you won't be the last person in North Carolina who filled to remove conditions while the separation and divorce were pending. Others on this very site have done it. USCIS knows about NC law. There is no reason to give your husband the upper hand. There are no excuses for you not to file for divorce first.

Edited March 16, 2016 by Cheezees

[Caryh 5,206]

Thank you for understanding the point I am trying to make.

With NC laws, I will not be able to file divorce until next year February. By thn I will lose my GC.

Since I am not sure if divorce in India would suffice to remove ROC, I do not want to agree on mutual basis (This way he will have divorce without any issues, leaving me to struggle for GC, my job and stay in USA)

Don't know what to do!!

No one is missing that at all. She would file for separation and then divorce. OP, you are not the first night will you be the least person in North Carolina who filled to remove conditions while the separation and divorce were pending. Others on this very site have done it. USCIS knows about NC law. There is no reason to give your husband the upper hand. There are no excuses for you not to file for divorce first.

Exactly. There is no reason not to file for the ROC when its due to be filed. The ROC process will not be completed until the divorce is finalized, but you will be able to work and you can legally be in the USA. Or if you can get the divorce completed in India before you're out of the country too long or need to file to remove conditions, then get it there. Its up to what works for you. Divorcing in either location will work with your I-751 petition.

[Cheezees 1,514]

Exactly. There is no reason not to file for the ROC when its due to be filed. The ROC process will not be completed until the divorce is finalized, but you will be able to work and you can legally be in the USA. Or if you can get the divorce completed in India before you're out of the country too long or need to file to remove conditions, then get it there. Its up to what works for you. Divorcing in either location will work with your I-751 petition.

Sorry for all the typos. I blame autocorrect!

[Cathi 5,748]

If you want to hold your spouse responsible for a division of assets, alimony, etc. then a divorce in the US is a must.

Based on what you've stated so far, hubby is looking to protect something.

to protect something, or just being plain vindictive.

Edited March 16, 2016 by mimolicious

[akihon 129]

my god, if that were my husband, he'd be served papers so fast he wouldn't know what hit him. how dare he!

[IcezMan_IcezLady 582]

You have to look into what the marriage laws in India says. You can get divorce here but will it be acceptable in India.

If India has something similar to Philippines then you should find a divorce lawyer ( preferably an Indian or someone very familiar with the laws in India).

But like most have said, you need to file for separation 1 yr before the actual divorce in NC.

If you can file for the divorce in India and return before your GC expires too, could that work for you?

Edited March 16, 2016 by IcezMan_IcezLady

[EM_Vandaveer 2,408]

Just to agree with the other posters:

1) file for legal separation in NC

2) when it's time file your I-751 waiver

3) when you receive the RFE for the divorce decree, send back an explanation why you don't have it yet

4) you will not lose your status, once you have your divorce decree, USCIS will give you your 10-year GC

[destinychild1 10]

1. I checked with Lawyer in India, and he is not sure if divorce decree in India would suffice for GC

2. I checked with Lawyer in USA, and he suggests its better to have divorce in USA

3. Husband is not willing to agree on backdated separation date, nor does he want to go for divorce in USA

4. If I wait for a year of separation starting Feb 28 2015, year of separation ends in feb 2016. Post which I can file for divorce in USA. (By thn my GC expiry date will be gone Aug 2016)

While applying for waiver myself, can I mention in writing that we are separated and waiting for completion of 1 year of separation to file for divorce in NC? would that suffice?

Another problem with waiver is, I do not have financial comingling evidences (except for joint tax return, mediclaim and dental beneficiary and joint car insurance). The whole reason why our marriage is at this state is financial issues that creeped into marriage

[EM_Vandaveer 2,408]

You can file a waiver I-751 WITHOUT a divorce decree. Please re-read the thread, everybody is trying to explain this to you.

You don't need your husband's cooperation, once you have been separated for a year, YOU can file for divorce, eventually it will be granted even if he objects.

Edited March 16, 2016 by EM_Vandaveer

[EM_Vandaveer 2,408]

Alternatively, if you move to Nevada, you can file for divorce there after only SIX WEEKS of living there.

[Merrytooth 5,748]

Aren't the same person here:

http://www.visajourney.com/forums/topic/583452-spouse-does-not-support-in-removal-of-conditions-on-cr1-visa/#entry7983779

[destinychild1 10]

Aren't the same person here:

http://www.visajourney.com/forums/topic/583452-spouse-does-not-support-in-removal-of-conditions-on-cr1-visa/#entry7983779

yes I am the same person. Got my previous account locked, so had to create a new one!

Struggling with multiple thoughts and situations at this time

[Cheezees 1,514]

Aren't the same person here:

http://www.visajourney.com/forums/topic/583452-spouse-does-not-support-in-removal-of-conditions-on-cr1-visa/#entry7983779

Yes! And now she's coming for advice AGAIN on how to get a divorce from that gem of a husband she stayed with.

1. "Destiny Child/destinychld1 I am no longer interested in giving you I-751 advice.

2. Please stop re-posting the same topic as was advised by the admin in your last thread.

3. You have all the advice/tools you need and still you're coming up with excuses. What exactly do you want from us?

4. You were asked to review divorce laws in India and North Carolina in your previous thread. You did NONE of that (you say you asked 1 lawyer who didn't know and I guess that was good enough for you) and now you want us to do the research for you.

5. Peace out.

[deleted this acco 44]

I think you should file where you live but if you are going back to lndia then do it there. August will be here before you know it. Make up your mind.