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Posted

Hello,

I filed for I-751 jointly with my USC spouse in August with quite good evidence. We were "happily" married them, "happily" because I thought despite of all the problems that we love each other enough to go through them and be stronger...WRONG...my spouse announced me that he hasn't been happy all our marriage and it's time for a divorce.

I want to know what do I need to do? Do I need to let USCIS know now, or wait until I have filed for divorce?( I'm saying me filing for divorce because we got married in my country not here and as far as i know we can't get a divorce here, can we? if yes how?)

Can I still get my 10 year green card if we have a divorce? Problem is my spouse said he won't give me the divorce if I come back. In order for me to get a divorce I need to leave the country otherwise he won't do it? I honestly don't know if I want to come back and stay in the states because he was the only reason I came here in the first place, but how can I get the green card since he won't sign the papers unless I'm out of the country not to ever come back? He knows I came into the marriage in good faith but he's willing to tell USCIS that I didn't in case I come back, because "he can see why I married him now" bacause he asked for divorce. I might sound a little out of place because that's exactly how I am, I honestly don't know where to go from here on.

Every bit of information helps because at the moment I'm clueless.

Thank you!!!

Filed: Citizen (pnd) Country: Lebanon
Timeline
Posted

You can get divorced here even if you got married somewhere else. Once a divorce is filed, send a letter with your name, receipt number and alien number to USCIS. Say that a divorce is filed and you will send them the final divorce decree once it's finalized. You should be fine in removing conditions if you have enough good faith marriage evidence.

The immigration process caused me PTSD.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted (edited)

Hello,

I filed for I-751 jointly with my USC spouse in August with quite good evidence. We were "happily" married them, "happily" because I thought despite of all the problems that we love each other enough to go through them and be stronger...WRONG...my spouse announced me that he hasn't been happy all our marriage and it's time for a divorce.

I want to know what do I need to do? Do I need to let USCIS know now, or wait until I have filed for divorce?( I'm saying me filing for divorce because we got married in my country not here and as far as i know we can't get a divorce here, can we? if yes how?)

Can I still get my 10 year green card if we have a divorce? Problem is my spouse said he won't give me the divorce if I come back. In order for me to get a divorce I need to leave the country otherwise he won't do it? I honestly don't know if I want to come back and stay in the states because he was the only reason I came here in the first place, but how can I get the green card since he won't sign the papers unless I'm out of the country not to ever come back? He knows I came into the marriage in good faith but he's willing to tell USCIS that I didn't in case I come back, because "he can see why I married him now" bacause he asked for divorce. I might sound a little out of place because that's exactly how I am, I honestly don't know where to go from here on.

I am not sure which state you reside in right now. Generally speaking, you can file for divorce (even if your marriage was in another country) in the state of your residence. For example, if you reside in California you can file in California if you have resided there for 6+ months. It is best to check with a local divorce lawyer.

Edited by bkghosh

IR-1/CR-1 Visa
Service Center : National Benefits Center; Consulate : Mumbai, India; Marriage (if applicable): 2013-07-05
USCIS
I-130 Sent : 2013-07-20; I-130 NOA1 : 2013-07-26; I-130 Transferred to CSC: 2014-01-13; I-130 Approved: 2014-01-22
NVC
NVC Received: 2014-02-03; AOS Bill Shows PAID: 2014-03-19
NVC Case # and IIN Assigned: 2014-03-11; AOS Package Delivered: 2014-03-21;
Submitted/Completed DS-261 online: 2014-03-12; AOS Package Touched: 2014-03-25;
Receive & Pay AOS Bill : 2014-03-13; AOS Package Approved: 2014-04-08
AOS Package Mailed (USPS Priority): 2014-03-18;
IV Bill:
Receive & Pay IV Bill: 2014-03-24; False Checklist for Civil Documents: 2014-04-07
IV Bill Shows PAID: 2014-03-26; Case Completed at NVC: 2014-04-16;
IV Package Mailed (USPS Priority): 2014-03-26; Case Complete Email Received: 2014-04-23
IV Package Received by NVC: 2014-03-31; Interview scheduled: 2014-05-01;
IV Package Touched: 2014-04-03 (still in review); IL Email Received: 2014-05-01
DS-260 Available/Completed/Submitted: 2014-03-27
Consulate: Mumbai
Fingerprinting & Photo: 2014-05-09 Medicals: 2014-05-19
Interview: 2014-06-04 Visa Approved CEAC Website Status "Issued": 2014-06-05
USCIS ELIS Fee Paid: 2014-06-08 Passport w/Visa Received: 2014-06-09
POE (LAX): 2014-07-20 SS# Received: 2014-07-28
Actual GC received 2014-08-30
CA ID Received: 2014-09-02.
First job in USA (yeeeh!!!) starting: 2014-09-22
Taking driving lessons....!!!!

ROC
Application Sent: 2016-04-26
NOA1:2016-04-28
Biometrics: 2016-06-02 (early walk-in on May 31st)

ROC Approval Email and Online Status Change - 2016-11-07
Google Doc for April 2016 filers: https://docs.google.com/spreadsheets/d/12Mb-ALcbwQbYafLj4vFaEMjSGD-wfjtrycs3ul8QlUo/edit?pref=2&pli=1#gid=0

 
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