US Spouse Adultery and Divorce

[whatwouldlpdo 0]

Hello! I am not sure if this is in the right area but hope someone could move this if needed?

Anyway I came to the US on K1 Visa (from England) in 2014, we got married everything was wonderful until February of this year, which basically to me was a rough patch that all relationships go through. Then in September, my soon to be ex wife (American who brought me to the US) came home and told me she wanted a divorce. Eventually, I signed the divorce papers as she was being cruel and wanted me to leave the country as soon as possible. I left at the time in October, because my mother was sick and I needed to be somewhere else for a while I came to terms with the situation. I plan to return to the US in March (so my greencard is still valid) and resume living and working in the US. After the divorce hearing and not speaking to my wife for a while I am told she cheated on me to my suspicions from around June of this year with a woman she is working with. She has now moved said woman and her child into her home she shares with her parents, a month after I left the country. She wants to tell USCIS about the divorce and make sure I can't keep my green card because she doesn't want any financial responsibility (which I do not care about, because I can look after myself financially) I believe she wants to pretend I never existed. The US became my home over the last two years and I'd like to return to the place where I've been living my life with friends and working. I entered this marriage in good faith believing that we would never get divorced.

I suppose my questions are...

1) If she contacts USCIS will they do anything since I have a greencard?

2) When the time for removal of conditions happens, will i be able to file alone?

3) I have a recent conversation between us and evidence that the marriage was entered in good faith from my side and I have proof that she cheated on me while we were married. The divorce was granted as mutual breakdown as I did not know 100% that she was unfaithful then.

4) Is there anything else I can do to esure that I am able to continue residing in the US without her influence?

Thank you!

[aleful 1,905]

hi

you can file the removal of conditions as divorced, you will be granted the 10 year GC as long as you can prove that you entered the marriage in good faith

I hope you kept proof of everything you had in both names for the removal of conditions

she can't do anything and the only way she won't be responsible for you is if you abandon your GC. even as divorced she is still responsible for you if you were to get government means tested benefits.

[whatwouldlpdo 0]

Thank you for the response! Unfortunately we didn't have much in joint names as we lived with her parents so no rent or utilities in the same name, she was on their insurance- we only had a bank account together which we closed. She did however pay for my insurance and I have correspondence and photos while we were still together as well as mutual friends that can account for her unfaithfulness as well as us being together in good faith in the beginning. Do you think this will help? I am going to try and contact the bank to see if I can get any joint information on the accounts we closed. I kind of left in a hurry and didn't think to take other important documents with me other than personal ones. I do have copies of the marriage certificate and maybe some other things I can find.

[JFH 12,190]

*~*~*moved from "removing conditions" to "major family changes" where similar questions are asked re divorce waivers*~*~*

[Anitafeliz 1,133]

You need to establish the marriage was entered in good faith.

Her cheating is irrelevant you fixed that with the divorce.

[Mollie09 1,543]

USCIS won't care why the marriage ended, only why it was entered into. Doesn't sound like you have solid evidence, and that's most important right now.

[jeffkadrliktorr 99]

USCIS doesn't give a what your ex-wife says to them or why you got divorced. Now that you're divorced, all you have to do is collect as much evidence as possible that your marriage was legit and file on your own.

I don't understand these people who try to kick you out of the country just because the marriage didn't work out. Just know that she has no power over your immigration journey. I don't know why she thinks she does. She obviously didn't have much knowledge of the process.

[Ortolan 381]

You need to do some digging and come up with proof that you entered into the marriage in good faith. Be creative in your digging: texts and emails back and forth count, photos, ticket stubs or hotel bills of places you've been together, cards mailed to you both at the same address, print out all the bank statements from the time you opened the account until you closed it (if you can't do this online, then contact the bank), a few affadavits from friends....gather together the proof that exists...it's out there somewhere.

Edited November 29, 2016 by Ortolan

[Russ&Caro 1,549]

You need to do some digging and come up with proof that you entered into the marriage in good faith. Be creative in your digging: texts and emails back and forth count, photos, ticket stubs or hotel bills of places you've been together, cards mailed to you both at the same address, print out all the bank statements from the time you opened the account until you closed it (if you can't do this online, then contact the bank), a few affadavits from friends....gather together the proof that exists...it's out there somewhere.

Very good advice. You might want to get the bank statement and pore over the entries. Any online purchase that benefited both of you might be good evidence. You can then backtrack and try to get an invoice of services from the vendor. Did you share a car? Were you on the same auto insurance policy? Did you pay for any repairs or service (oil changes) that used your name on the invoice? Dinner receipts that show 2 separate main courses ordered might not be the strongest evidence as it probably does not include both of your names - but it's better than nothing. Do you have any invitations to weddings with both your names? How about Xmas cards addressed to both of you? You're going to have to get creative.

Good luck!

[jakartausa 28]

She could be evil and refuse to divorce you (thus tying you up in litigation) in which case it will prevent you from removing conditions and thus at that time your conditional GC could expire which will result in you being here illegally and removal proceedings will begin.

How to Apply to Remove the Conditions

You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

Src - https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

[EM_Vandaveer 2,408]

She could be evil and refuse to divorce you (thus tying you up in litigation) in which case it will prevent you from removing conditions and thus at that time your conditional GC could expire which will result in you being here illegally and removal proceedings will begin.

How to Apply to Remove the Conditions

You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

Src - https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

This is incorrect. One doesn't have to be divorced already to file I-751 with a divorce waiver. Once USCIS gets to the application (up to 12 months after filing) they'll issue an RFE asking for the divorce decree. 89 days are given to answer the RFE. If one still doesn't have a divorce decree, the case will go to court. If the divorce is still ongoing when the ROC case goes to immigration court, the judge will grant a continuance until the divorce decree can be produced.

[jakartausa 28]

This is incorrect. One doesn't have to be divorced already to file I-751 with a divorce waiver. Once USCIS gets to the application (up to 12 months after filing) they'll issue an RFE asking for the divorce decree. 89 days are given to answer the RFE. If one still doesn't have a divorce decree, the case will go to court. If the divorce is still ongoing when the ROC case goes to immigration court, the judge will grant a continuance until the divorce decree can be produced.

Actually you are wrong and while I was a tad too vague I was still correct:

You received a two-year conditional permanent resident card because you became a permanent resident within two years of your marriage. You can apply to remove the condition without anyone's help only if you can prove that 1)The marriage was in in good faith, the marriage was bona fide and it was terminated by divorce or annulment, or 2) You are the victim of spousal abuse, or your child has suffered abuse from you or, 3) leaving the United States will result in suffering extreme hardship.

If you self-petition for a permanent card claiming the marriage was bona fide, U.S. Citizenship and Immigration Services won’t approve the petition until it sees proof of divorce or annulment. If your wife sues you for divorce and it is pending when you self-petition, USCIS will give you only a short time to get divorced. Without a divorce, USCIS will refer the case to an immigration judge. The judge may give you additional time to get a divorce judgement, but if your wife vigorously fights the divorce action, YOU may end up getting deported and this is highly possible if she has a smart and devious immigration lawyer.

With motions for continuances she can hold this up so long that you will be deported and this is easy to do.

Edited November 30, 2016 by jakartausa

[Villanelle 4,122]

Actually you are wrong and while I was a tad too vague I was still correct:

You received a two-year conditional permanent resident card because you became a permanent resident within two years of your marriage. You can apply to remove the condition without anyone's help only if you can prove that 1)The marriage was in in good faith, the marriage was bona fide and it was terminated by divorce or annulment, or 2) You are the victim of spousal abuse, or your child has suffered abuse from you or, 3) leaving the United States will result in suffering extreme hardship.

If you self-petition for a permanent card claiming the marriage was bona fide, U.S. Citizenship and Immigration Services won’t approve the petition until it sees proof of divorce or annulment. If your wife sues you for divorce and it is pending when you self-petition, USCIS will give you only a short time to get divorced. Without a divorce, USCIS will refer the case to an immigration judge. The judge may give you additional time to get a divorce judgement, but if your wife vigorously fights the divorce action, YOU may end up getting deported and this is highly possible if she has a smart and devious immigration lawyer.

With motions for continuances she can hold this up so long that you will be deported and this is easy to do.

Absolutely NO. Not one person has ever been deported because they did not produce a divorce certificate to an immigration judge because the other party was holding it up and the judge simply got tired of waiting for it and said oh Ive had enough youve been denied ROC and are being deported now... where would you get such an idea??

The judge will allow you time to settle your divorce- so as long as that may take. Believe it or not divorce courts will only allow for you to go for so long before they step in and say enough is enough and make a ruling. The immigration judge knows this and will give them time to settle your divorce...

Dont make ridiculous statements like this.

[JusticeWarrior67 3]

your wife doesn't have any jurisdiction over immigration matter! Even after the divorce gets finalized, she will still be held accountable to support you. You can sign the I-765 form alone even before the 90 days period as long as you have the divorce decree, if not, USCIS will send you an RFE asking for it within a timeframe of 89 days.

I understand you guys don't have much under both names, but you can still be creative and try to dig up as much info as you think can help straighten your case, things like: joint bank accounts, affidavits from relatives and friends, pictures, letters with Mr & Mrs names, insurance statements etc.

if you're still in doubt, it may be beneficial for you to hire an immigration lawyer (sometimes the power of an attorney can influence the decision of the adjudicating officer)

Goodluck!

[jakartausa 28]

Absolutely NO. Not one person has ever been deported because they did not produce a divorce certificate to an immigration judge because the other party was holding it up and the judge simply got tired of waiting for it and said oh Ive had enough youve been denied ROC and are being deported now... where would you get such an idea??

The judge will allow you time to settle your divorce- so as long as that may take. Believe it or not divorce courts will only allow for you to go for so long before they step in and say enough is enough and make a ruling. The immigration judge knows this and will give them time to settle your divorce...

Dont make ridiculous statements like this.

These are USCIS RULES! I didn't make them. And yes if she is hell bent on getting him deported for whatever dubious reason there are backhanded yet legal ways of manipulating the system to make it happen. Its done every single DAY! AS long as that divorce stretches out for valid yet wasteful reasons she can eventually get him placed into removal proceedings, assuming her legal representation is OK with this.

Edited November 30, 2016 by jakartausa