Divorce question for recently married

[yankees7345 0]

Hello, I wish I wasn't signing up here to ask this but here it is goes;

I'm from US and met someone in Germany. We have been married 1.5 years and she has some residency card. I'm not sure which one it is but I don't think it is permanent which is why I am here asking. Not long ago, seemingly out of nowhere to me, my wife told me she wanted a divorce. It came to a head when I realized why she was so adamant to find a job. I encouraged her to search for one but I didn't realize why she wanted it until later. After working there for just a couple weeks I walked into our room one day and she was searching a website for roommates so it became quite clear. She stated she wanted a divorce and that she had felt that way for a while which again was odd because we were barely married a year and though I'm not perfect she gave no inclination she was that level of unhappy. So after she tells me about the divorce, she goes to work later that day and I'm sitting at home wondering what happened she calls telling me she is sorry and doesn't want a divorce. Now initially I was thrilled that night and just wanted to move on from what happened and chalk it up as a bad day even though I had my doubts. It seemed strange how you could tell someone you want a divorce and just hours later change your mind. It's not like we were dating or deciding what to food to order. I'm not saying it impossible either, just seemed odd even back then considering she was obviously planning it to some degree. So seemed like something changed in those handful of hours or she realized something...

So after she calls and we make up some time goes by which leads me to now. Some other things have come to light, my fault, and she mentioned something that I didn't know about yet she clearly had researched. We were talking about divorce again and I had told her that I wouldn't just abandon her, alone, in this country. She mentioned how I would have to sign some form saying we got married in good faith. And then a thought came into my head and my gut couldn't ignore it. How in the heck did she already know about this divorce in good faith thing? The last time she said she wanted a divorce she laid into me and was pretty harsh about why she didn't want to be with me, just hours later she changed her mind and I'm wondering if it was because she realized the implications of a divorce for her status considering how long(short) we have been married?

And just to be clear I wasn't perfect in the relationship and I'm not honestly looking for advice in that respect either or judgement on her. Just curious what the law is and/or implications for her if we got a divorce before our two year anniversary. But I also read somewhere about it being 3 years so that is why I decided to post here if I could get some help please.

couple edits.

1. Sorry for thread, I'm a little upset and didn't even notice that someone asked similar question and it was pinned.

2. I also want to add that she is in school at a university so just wanted to add that information it case someone knows if it will affect the outcome in some way. Like, would they let her finish school or change visa to that?

3. Sorry I'm so ignorant about this. She did a lot of the research on what we had to do and I was just happily filling stuff out.

Edited February 20, 2016 by yankees7345

[yankees7345 0]

So unless I'm reading that other thread wrong, she only has to prove she entered into marriage in good faith? If she has a divorce decree and her good faith proof when she applies will immigration services expect anything from me in any way?

[Cheezees 1,514]

Based on what you have said your wife would have had a 2-yr Conditional Green Card (do you remember going through the AOS process, singing a boatload of forms just after getting married?) and 90 days before the expiration of the card she would have to file to remove the conditions and receive a 10-yr green card. Removing the conditions is something all 2-yr green card holders have to deal with so this has nothing to do with wanting a divorce or not. Doing research on this is what any permanent resident does up until the expiration of their card.

Removing the conditions can be done whether or not the green card holder is still married to their spouse. If you are still married, both the US citizen and the green card holder would sign the forms and provide evidence that the marriage was entered into in good faith. If the couple is divorced, the green card holder can submit an application known as a divorce waiver and provide the same evidence as above. (USCIS is not interested in whether or not your marriage worked out, only that it was entered into in good faith.) Obviously, the shorter the marriage, the more the application would be scrutinized.

Actually she is incorrect in saying that you HAVE TO sign the forms to show that the marriage was in good faith. If you are unwilling for whatever reason, she can file for divorce, remove the conditions on her own and you don't have to provide anything to USCIS.

[yankees7345 0]

thank you for the information

Edited February 20, 2016 by yankees7345

[NikLR 13,231]

Just to note when you remove conditions together, you have to show more than you entered into the marriage in good faith. You actually have to show you have a genuine ongoing relationship, with co-mingling of finances. In a divorce case you still need to provide those things for the length of your marriage, but you have to show you mostly entered in to the marriage in good faith (aka you wanted to be married for genuine reasons, not for the sake of immigration.)

I think you guys need to have a really good talk with a counselor or therapist.

[Eric-Pris 1,607]

The last time she said she wanted a divorce she laid into me and was pretty harsh about why she didn't want to be with me, just hours later she changed her mind and I'm wondering if it was because she realized the implications of a divorce for her status considering how long(short) we have been married?

Ding ding ding.. that's what I thought when I first read it too. She probably researched that a divorce this early on makes her chances for a green card tougher, so she decided that she still "wants" to be married. But sadly, it seems that she only wanted to come to the US. This is why she just asked for a divorce out of the blue, without any kind of signs of being unhappy. She is on a mission that she clearly planned out, researched, and is now putting it to work. The fact that you didn't learn about the process at all ("she has some kind of residency card"?) might come back to bite you in the ###.

My suggestion is to divorce her and move on with your life. I would also write a eitter to USCIS informing them of her intentions. I would explain how she married and all was well, and then all of a sudden she asked for divorce.

As far as I know, if you two are still married, she can't get a 10-yr greencard without your support (meaning that you would have to attend the interview). Find out when her 2-yr greencard expires, and she will have to file paperwork to remove the conditions for a 10-yr. Don't sign anything if you feel that it's fraud.

[NikLR 13,231]

She can remove conditions and get the 10 year card even if they divorce.

He is still liable for the I-864 until one of the conditions is met.

Also please don't assume people marry for green cards.

[Sandra G. 5,057]

It's much easier to have the GC renewed when the person is still married and living together than filing l751 waiver. She searched about the l751 and probably is waiting for you to sign the form with her, but don't be surprised if she leaves you right after she renews her GC.

[Unlockable 7,315]

It's much easier to have the GC renewed when the person is still married and living together than filing l751 waiver. She searched about the l751 and probably is waiting for you to sign the form with her, but don't be surprised if she leaves you right after she renews her GC.

Sandranj is spot on. Same thing I was about to say. Although she can Remove Conditions without you it is that much easier to do it while still married and attend the interview together.

Seems like she is choosing the path of least resistance.

Not only were you "happily filling stuff out" but you seemed to overlooked your spouse who previously had no indication of being unhappy request a divorce but also "laid into you and was pretty harsh".

She is on a mission that she clearly planned out, researched, and is now putting it to work. The fact that you didn't learn about the process at all ("she has some kind of residency card"?) might come back to bite you in the ###.

I echo this. Especially the part about you not knowing the process. Now you have to scramble to catch up because not only is she knowledgeable of the process but may also be being coached.

Thank your lucky stars that something like you getting arrested and kicked out of your house from false accusations of abuse by her, like some of the stories we have heard here in the past.

Not to be mean but based on your lack of preparedness you have to take some responsibility in whatever happens to you.

Use this site to catch up. It has all the info you need.

And good luck.

Edited February 22, 2016 by NuestraUnion

[Anh map 2,098]

Divorce and move on. Don't sign anything "extra." She can fend for herself. Life is full of decisions and consequences. Seems like your spouse is better versed in the immigration than you are.

[Eric-Pris 1,607]

Also please don't assume people marry for green cards.

Empirical evidence says otherwise.

[Harmonia 211]

Empirical evidence says otherwise.

Yea, the tiny fraction of a percent of cases that are found to be marriage fraud are really problematic.

[deleted this acco 44]

If she is from Germany l don't think she would be that hungry for a green card. If she was from some third world country where there is hardship then maybe. She may be just falling out of love.

[kkk1 42]

Do not list yourself as a victim unless you wants to be one. She tries to take advantage of you. It is very clear. Don't let her do that.

If I would be you, I would write down a letter and tell USCIS that after understanding true procedure, spouse tried to manipulate you, so that she can get signature on form, her intention was only to work on visa and not on your marriage.

Here I can also understand that she might get approval but by telling USCIS you might atleast cover yourself and you need to remember you signed I864 to get this person in US.

I am not sure thought if you can do that. It is the best think that I thought in your specific case. I hope senior VJ comment on same, if you can proceed with this or not ( in case you want to do it); because sooner or later she is going to leave you. I am very sorry for your situation.