Removing of conditions after divorce

[herefor007 0]

Hi everyone

 

I searched a lot about this topic but every case is different. 
I came to the US on K1 visa, I got married less than a year ago and got my conditional green card 2 months ago. Our marriage was based on love. We loved each other and everything was good until my husband told me he feels unhappy and wants a divorce.  I don't want to divorce him, I still love him. But if we are going to divorce eventually, I would like to know about my future in the US. I left all my life in my home country, I didn't continue my career there because I knew soon i'll leave the country. Now i'm in the US and i am thinking of staying here. My main reason for not wanting to go back is that in my home country it is much harder for a divorced woman to remarry again. I don't want to stay alone for all my life because of this failed marriage.

I read that  ROC with divorce waiver are very often approved. In my case, not only divorce after several months after getting a green card may be suspicious for USCIS,  when i look at the proves they want for good faith marriage, i don't have much to send them. I didn't work during this period, i don't have a bank account, we live in a family home (no lease documents), all the bills were paid by my husband.  I can present only a joint tax return with my husband, a credit card under his bank amount, a lot of photos. i am not sure if i can provide affidavit of friends/relative affidavit of proof (only my family can write it, i don't know if his family would write such a thing and we don't have friends here).

What do you think do I have  chances to get 10 year green card?

I would appreciate any help. thank you

[Pedrro 0]

First off, I am sorry you're going through this, but now that your husband hasn't filed for divorce yet, try your best to stay with him. Examples of that may be: marriage counselling (even if he doesn't wish to attend them, you having put efforts into fixing the marriage may show USCIS that you tried) collect any piece of evidence you guys have together- the more, the better.

Unfortunately, most waiver based petitions require interview, in this case, I suggest you to hire a professional attorney that can represent you. Although, most of the lawyers out there overcharge clients like you, sometimes USCIS tends to treat ones presented by an attorney with more respect based on the fact that they're being watched etc...

hope it helps. 

[herefor007 0]

9 hours ago, Pedrro said:

First off, I am sorry you're going through this, but now that your husband hasn't filed for divorce yet, try your best to stay with him. Examples of that may be: marriage counselling (even if he doesn't wish to attend them, you having put efforts into fixing the marriage may show USCIS that you tried) collect any piece of evidence you guys have together- the more, the better.

Unfortunately, most waiver based petitions require interview, in this case, I suggest you to hire a professional attorney that can represent you. Although, most of the lawyers out there overcharge clients like you, sometimes USCIS tends to treat ones presented by an attorney with more respect based on the fact that they're being watched etc...

hope it helps. 

Thank you for your answer.

 

I am trying my best to save my marriage. I hope that eventually we can overcome this. I never thought that i will need to prove that my marriage is based on love that's why i don't have much evidence for USCIS. Do you think the evidence I have is enough?

[Pedrro 0]

5 hours ago, herefor007 said:

Thank you for your answer.

 

I am trying my best to save my marriage. I hope that eventually we can overcome this. I never thought that i will need to prove that my marriage is based on love that's why i don't have much evidence for USCIS. Do you think the evidence I have is enough?

Based on what you wrote, you might need more evidence, and always be prepared for a potential interview. As I said, while you guys are still together, try to gather as much evidence as you can. Have you guys tried marriage counseling? Try to at least show USCIS that you wanted this to work. Photographs don't carry much evidence as they can be easily faked, they instead want evidence that document co-mingled finances, shared life etc such as: insurance policies, bank statements, tax returns of the last 2-3 years, babies born to the two of you, utility bills and so on.

[Lavazza_K 9]

If you just got your conditional gc 2 months ago, you will still have at least another year and half before you become eligible for ROC. I'd suggest trying your best to save your marriage, although it could be hard to do so. USCIS reviews divorce waiver cases in more details and there's usually higher chances of getting an interview. If by the time you file you can only collect your mentioned evidence above, that's definitely not enough. Id say discuss this with your husband to see if he's still willing to be involved in your immigration process, even if you get divorced.

 

I'm sorry you are going through this..best of luck!

[herefor007 0]

6 hours ago, Pedrro said:

Based on what you wrote, you might need more evidence, and always be prepared for a potential interview. As I said, while you guys are still together, try to gather as much evidence as you can. Have you guys tried marriage counseling? Try to at least show USCIS that you wanted this to work. Photographs don't carry much evidence as they can be easily faked, they instead want evidence that document co-mingled finances, shared life etc such as: insurance policies, bank statements, tax returns of the last 2-3 years, babies born to the two of you, utility bills and so on.

thank you for advice. We didn't try a marriage counseling. If he doesn't agree, should I still put an appointment so I can show something to USCIS? I understand that most likely I will get an interview, it doesn't bother me. I just want to  gather as much evidence as I can. 

 

5 hours ago, Lavazza_K said:

If you just got your conditional gc 2 months ago, you will still have at least another year and half before you become eligible for ROC. I'd suggest trying your best to save your marriage, although it could be hard to do so. USCIS reviews divorce waiver cases in more details and there's usually higher chances of getting an interview. If by the time you file you can only collect your mentioned evidence above, that's definitely not enough. Id say discuss this with your husband to see if he's still willing to be involved in your immigration process, even if you get divorced.

 

I'm sorry you are going through this..best of luck!

Thank you for your answer. i thought that it's not enough. Just I hope that they can understand that if i didn't work how could I have paid for bills and if the house is not leased how could I have put my name on mortgage? I will definitely discuss all this with my husband and see what he thinks. I hope at least we can stay on friendly terms. 

 

 

Edited May 27, 2017 by herefor007

[Pedrro 0]

2 hours ago, herefor007 said:

thank you for advice. We didn't try a marriage counseling. If he doesn't agree, should I still put an appointment so I can show something to USCIS? I understand that most likely I will get an interview, it doesn't bother me. I just want to  gather as much evidence as I can. 

 

Thank you for your answer. i thought that it's not enough. Just I hope that they can understand that if i didn't work how could I have paid for bills and if the house is not leased how could I have put my name on mortgage? I will definitely discuss all this with my husband and see what he thinks. I hope at least we can stay on friendly terms. 

 

 

Don't assume USCIS will show compassion towards you because you didn't work etc, always prepare for the worse to be more prepared. I'd say go ahead and try marriage counseling, even if he doesn't go, you can at least argue that you tried to save the marriage. If your husband agrees to help you out with your immigration process, then things will look brighter to you, but in case he tries to sabotage it, always try to build up a case where you can refute the widely known notion that you married a USC to circumvent immigration law.

[herefor007 0]

16 hours ago, Pedrro said:

Don't assume USCIS will show compassion towards you because you didn't work etc, always prepare for the worse to be more prepared. I'd say go ahead and try marriage counseling, even if he doesn't go, you can at least argue that you tried to save the marriage. If your husband agrees to help you out with your immigration process, then things will look brighter to you, but in case he tries to sabotage it, always try to build up a case where you can refute the widely known notion that you married a USC to circumvent immigration law.

I know that they will be extra suspicious towards me. I am just trying to see if that is a logical answer for them. thank you again for your advice. 

[Pedrro 0]

1 hour ago, herefor007 said:

I know that they will be extra suspicious towards me. I am just trying to see if that is a logical answer for them. thank you again for your advice. 

In most cases like yours, I'd suggest hiring an attorney just because it might look better for them knowing that the case was prepared by a professional, and also because during your interview, USCIS officer tend to be more gentle when knowing they're being watched.

[herefor007 0]

45 minutes ago, Pedrro said:

In most cases like yours, I'd suggest hiring an attorney just because it might look better for them knowing that the case was prepared by a professional, and also because during your interview, USCIS officer tend to be more gentle when knowing they're being watched.

Оkay. I am inclined now to hire an attorney. I would like to save extra cash especially after divorce, but now I see not on this. 

Thank you very much for your advice.

[SmallTownPA 72]

"USCIS officer tend to be more gentle when knowing they're being watched."

 

What????  A lawyer isn't going to sway a USCIS officer one bit.  If the paperwork doesn't support the the claim of bonifide marriage the USCIS has the SOLE AUTHORITY to deny you.  There are no appeals.  You can try again in front of a Judge at your removal proceedings... but under no circumstances is a lawyer going to sway the officer.

 

 

[SmallTownPA 72]

A lawyer may hep you prepare a full and complete paperwork package... but they are NOT going to sway a USCIS officer.  

 

Please don't think that a lawyer is some sort of 'muscle'  that is going to intimidate the USCIS officer.

 

Read the list of documents you should submit and get as many of them as you can.  You need proof of a bonifide marriage.. that's the only thing that will convince the USCIS.

[herefor007 0]

44 minutes ago, SmallTownPA said:

A lawyer may hep you prepare a full and complete paperwork package... but they are NOT going to sway a USCIS officer.  

 

Please don't think that a lawyer is some sort of 'muscle'  that is going to intimidate the USCIS officer.

 

Read the list of documents you should submit and get as many of them as you can.  You need proof of a bonifide marriage.. that's the only thing that will convince the USCIS.

thank you for your answer

I don't have any illusions at that matter. I want to be ready and hire a lawyer. The problem i have is not enough of proof of a bonifide marriage.

[SmallTownPA 72]

USCIS knows that not all women work in a marriage and therefore do not have the ability to pay bills or become part of loan agreement.

 

But you should be on his health insurance, and named as a beneficiary on life insurance (almost every job give you a token death benefit).  Also State tax returns should be submitted.

 

Ask him to co-sign a department store credit card with a very low limit that you can pay.

 

If you have a car learn to drive and get put on the registration/insurance.  

 

My wife is not on any loans or CCs because she works and has her own CCs and I don't need her to pay our bills.  Simply explain that.

 

A lawyer cannot magically create a bonifide marriage, so I would not spring for one just yet.  Save up and get a lawyer if/when you are in removal proceedings.

 

 

[herefor007 0]

21 minutes ago, SmallTownPA said:

USCIS knows that not all women work in a marriage and therefore do not have the ability to pay bills or become part of loan agreement.

 

But you should be on his health insurance, and named as a beneficiary on life insurance (almost every job give you a token death benefit).  Also State tax returns should be submitted.

 

Ask him to co-sign a department store credit card with a very low limit that you can pay.

 

If you have a car learn to drive and get put on the registration/insurance.  

 

My wife is not on any loans or CCs because she works and has her own CCs and I don't need her to pay our bills.  Simply explain that.

 

A lawyer cannot magically create a bonifide marriage, so I would not spring for one just yet.  Save up and get a lawyer if/when you are in removal proceedings.

 

 

Thank you for your advice.

He doesn't have yet health insurance. I definetely will ask him to co-sign a department store credit. 

He submitted our tax sport jointly. It is something at least. And I have a credit card under his bank account.

 

I wanted to hire a lawyer when i'll remove conditions. I should just decide to wait until it's time to remove them (i'm more incline to wait) or do it immediately after divorce it happens (as some on visajourney advised)