About to start a divorce process while i'm on a conditional green card

[osts1985 3]

Dear All,

Thank you so much for your help in advance.

Before i start explaining my situation i want to show my timeline below:

1. Me and my husband met on 8/14/2013 in Jordan, he moved to the states on March 2015 and i came to visit on April 2015. He proposed and i said "I DO" and decided to take the US as a permanent place to live with my husband.

2. Married on 5/19/2015.

3. I-485 & I-130 submitted on July 4, 2015.

4. Received conditional GC on January 20,2016.

Me and My husband starting having problems for months now, we went to counseling and it didn't work (I think i can ask the counselor for an affidavit letter), we both now it's not working and we know that we have to file for a divorce. I want to see if i have a case at all or not, i want to state the evidence that I've collected, if it's sufficient for a waiver or not.

1. Bank Statement (Checking and Savings) from May 2015 until now.

2. Health insurance (Old one) for both of us.

3. Health Insurance (New one) for both of us.

4. Phone plans from with both of our names - (Sep 15 - until now).

5. Electricity bill with both of our names - (Sep 15 - until now).

6. My name is not on the rent but all the rent was paid by checks with both of our names (I have copies of all the checks)

7. I have a credit card and i just recently added him as an authorized user and he used his card a couple of times.

8. Tax return - filled jointly.

9. A trip we took to New York and another schedule trip to California on August (I don't think we will make it to use the tickets for this one).

10. Many photos for road tripe we took with each other, and different photos from different occasions.

11. His name as beneficiary on my Life and 401K.

12. Email and Notice of applying for a home loan together.

13. Multiple email with our leaders and realtor while we were searching for a house to buy together.

14. Many cards we wrote to each other in different occasions and a couple of cards we got from friends addressing us as a couple.

15.We have a Banana Republic card with both of our name on it, but we never used it.

16. A Bank CD for $58,000 we just had last month - in both of our names.

I'm short in Affidavit but i think i can get 2 from friends and i can get my husband to write me one. i'm thinking to hire an attorney but i wanted to know if i have a case in the first place or not? Can anyone help please?

[Miki28 91]

They got married over a year ago. Plus most of us the people that immigrate to the USA leave everything back home. They leave job, leave family, friends etc. She has been here for over a year and obviously worked on having a life here - Maybe she has amazing job, Maybe she made lot of friends.. God only knows. I don't see anything wrong with her wanting to stay here.

It's not your place (neither it's mine) to judge whether the marriage was legit or not.

Edited July 2, 2016 by TBoneTX
to remove quote of removed material

[zkt101 38]

You have solid evidence, and you shouldn't have problems removing condition.

Good luck!

[themagician 1]

sorry, i always forget we have different backgrounds and upbringing.

regardless, relationships should be worked on to make it work.

if my parent do things all the time that means we dont get along, i will tolerate them and still make our relationship work, why should it be hard to tolerate someone and just make things work?

[milimelo 4,477]

~ Moved to ROC forum. ~

[MnMJourney 28]

sorry, i always forget we have different backgrounds and upbringing.

regardless, relationships should be worked on to make it work.

if my parent do things all the time that means we dont get along, i will tolerate them and still make our relationship work, why should it be hard to tolerate someone and just make things work?

osts1985

Seems like you've put together quite substantial evidence of a bonafide marriage. The multiple pieces of evidence showing co-mingling of finances, in my opinion, are are solid. Pics/cards also help. I think you have a pretty good portfolio.

Sometimes, things just don't work out. We all know that (at least most of us), and I'm sure immigration officers aren't new to it either.

Good luck to you!

Edited July 2, 2016 by TBoneTX
to remove bickering statement

[TBoneTX 45,287]

A couple of posts have been removed because of their noncontributory content, and others have been edited to remove quoted material. Address your comments constructively to the OP's situation; if you can't, don't post.

TBoneTX

VJ Moderation

[JayJayH 546]

Dear All,

Thank you so much for your help in advance.

Before i start explaining my situation i want to show my timeline below:

1. Me and my husband met on 8/14/2013 in Jordan, he moved to the states on March 2015 and i came to visit on April 2015. He proposed and i said "I DO" and decided to take the US as a permanent place to live with my husband.

2. Married on 5/19/2015.

3. I-485 & I-130 submitted on July 4, 2015.

4. Received conditional GC on January 20,2016.

Me and My husband starting having problems for months now, we went to counseling and it didn't work (I think i can ask the counselor for an affidavit letter), we both now it's not working and we know that we have to file for a divorce. I want to see if i have a case at all or not, i want to state the evidence that I've collected, if it's sufficient for a waiver or not.

1. Bank Statement (Checking and Savings) from May 2015 until now.

2. Health insurance (Old one) for both of us.

3. Health Insurance (New one) for both of us.

4. Phone plans from with both of our names - (Sep 15 - until now).

5. Electricity bill with both of our names - (Sep 15 - until now).

6. My name is not on the rent but all the rent was paid by checks with both of our names (I have copies of all the checks)

7. I have a credit card and i just recently added him as an authorized user and he used his card a couple of times.

8. Tax return - filled jointly.

9. A trip we took to New York and another schedule trip to California on August (I don't think we will make it to use the tickets for this one).

10. Many photos for road tripe we took with each other, and different photos from different occasions.

11. His name as beneficiary on my Life and 401K.

12. Email and Notice of applying for a home loan together.

13. Multiple email with our leaders and realtor while we were searching for a house to buy together.

14. Many cards we wrote to each other in different occasions and a couple of cards we got from friends addressing us as a couple.

15.We have a Banana Republic card with both of our name on it, but we never used it.

16. A Bank CD for $58,000 we just had last month - in both of our names.

I'm short in Affidavit but i think i can get 2 from friends and i can get my husband to write me one. i'm thinking to hire an attorney but i wanted to know if i have a case in the first place or not? Can anyone help please?

You definitely have a case. A fairly good one I'd say. You have more evidence of a bona fide marriage than plenty of people who file for ROC - Your only shortcoming really is that your marriage was short, and you're divorcing within 6 months of you entering the U.S.

There are however, no legal restrictions on "how long" after entering the U.S. you can get divorced and still be eligible for ROC with divorce waiver. The only legal restrictions to the divorce waiver are (1) that you entered the marriage in good faith, and (2) that you are legally divorced (USCIS doesn't recognize 'separated' or 'complicated). They understand only 'married' or 'divorced.'

The only reason that the short time frame could be a problem is because, frankly, it looks suspicious. It's a red flag. But a red flag is just that, a red flag. You could have entered the U.S. yesterday, and if you can show sufficient evidence that you entered into the marriage in good faith, and decided in the car on the way home from the airport that you're getting divorced, you're still eligible for ROC.

If you want to stay in the U.S., file for divorce. Once the divorce is final, file for ROC. You will file the petition along with the evidence you have, and more than likely have an interview with an immigration officer. If they believe your story, you'll get a 10 year green card.

This is largely DIY, and I'm not generally one to recommend hiring an attorney for DIY stuff, but I did for my ROC case (I had the added problem that I wasn't legally divorced yet when my 2 year card expired). My attorney was an invaluable asset to my own process, but make sure you do your research. There is a world of difference between a good lawyer and one who only wants what's in your bank account.

[osts1985 3]

Dear All,

Thank you so much for your comments, i really appreciated.

Maybe i wasn't clear about my timeline which i noticed from some of your comments.

I entered the U.S on April 2015 (15 months ago).

I got married on May 2015 (14 months ago).

I got my CGC on January 2016 (6 Months ago).

I also wanted to tell about out back story if it helps of more understanding of my situation,

First of all i'm a "He", we are a same-sex married couple. We met 3 years ago when we were serving with UN helping Syrian refugees in Jordan. We started dating right away, and six months later we lived together in Jordan for 1 year before moving to the states and getting married. (All the evidence of this situation was provided to the USCIS in the first Interview).

[JayJayH 546]

Dear All,

Thank you so much for your comments, i really appreciated.

Maybe i wasn't clear about my timeline which i noticed from some of your comments.

I entered the U.S on April 2015 (15 months ago).

I got married on May 2015 (14 months ago).

I got my CGC on January 2016 (6 Months ago).

I also wanted to tell about out back story if it helps of more understanding of my situation,

First of all i'm a "He", we are a same-sex married couple. We met 3 years ago when we were serving with UN helping Syrian refugees in Jordan. We started dating right away, and six months later we lived together in Jordan for 1 year before moving to the states and getting married. (All the evidence of this situation was provided to the USCIS in the first Interview).

I don't see anything abnormal with your case that would suggest it's "not worth trying." I don't know you or your situation, but on paper, it all sounds reasonable. Expect an interview when the time comes, but as long as you can reasonably document the above, you should be fine.

Again, I don't normally advise getting a lawyer, but it helped me tremendously in my own waiver case.

Edited July 3, 2016 by JayJayH

[MsDDD 7]

In your shoes I would add again information about relationship prior marriage as you state you know each other long time. Because in cases with divorce involved looks like they want to be sure first of all you had real intentions to live together and had long way to make it happen. Good luck.

[kevinj 19]

Hi OP (original poster), I succeeded doing something very similar to your case. The key is to convince uscis that you married in good faith. (As opposed to marrying for the green card.) If you can convince them of that, then you have won and you will get a green card.

By all means submit all the evidence you've listed - it's good stuff. Make sure that the clear subject of your narrative is that "we married in good faith".

A statement from your spouse saying that he married you in good faith and supports you staying in the US, will be very helpful. (In-laws?)

A statement from the counselor that you both participated in counseling in good faith will be helpful.

If you currently have a job and are capable of supporting yourself, include evidence of employment. It's not required, but you know how concerned the US is of anyone needing government support. ("public charge".) A few words about how you love the USA and want to contribute by building a career here etc., also never hurt (explain why you still want the green card).

Finally ... You're now in an atypical (but not unique) situation. Be suspicious of amateur advice. I was given lots of bad advice on visajourney at the time- advice that would have destroyed my case. I consulted a lawyer (just a consultation; I didn't hire her to represent me) and she confirmed what I had to do. Well-spent $200. Make sure to get one who's done lots of immigration cases.

(Generally, I love visajourney.)

Finally, remember the golden rule: never lie to uscis. You don't have to expose all the dirty laundry in detail, a general statement about why your marriage is failing (and why you could not have foreseen that) is more than enough. They don't need to hear the gossip. They need to hear that you got married in good faith.

My case (this was for ROC) got approved without being called to an interview ... (while many people with perfectly fine marriages still have to do an interview). Don't assume too quickly that the uscis is out to get you. If you have a good case, you'll probably get a fair evaluation. (If for whatever reason they deny, there'll be a chance to appeal in court. But it likely won't be needed.)