My husband cheated on me and left me and i am under a 2 year conditional green card

[joma_0624 1]

Hi, I got married last Febuary 2016 and got my 2 year green card november of 2016. I entered the marriage with good faith and had a real relationship with my husband. June of 2016 i caught him cheating on me and even admitted to me that he hooked up with a girl he met online. Fast forward, we talked about it and moved on with our lives and i just forgave him. I got a job moved in to our own place and lived as normal couple. Fast forward to April of 2017 I caught him cheating again when i was checking our phone records and this time he did not admit it, and i again I gave him another chance until, One day it finally ended when i personally caught him red handed and confronted him. Since he was caught red handed he never came home and he stayed with the other woman. So now we've been living separately, trying to make ends meet since he had the nerve to close our bank accounts, cut me off from the phone plan and i car insurance. I had to start over again. Can someone help me what to do? Can i still get my permanent green card? Thanks

[-Trinity- 513]

First of all, i'm sorry you have to go through this.
Second, I don't have experience with this type of situation, but since you already have your conditional green card you might be able to remove the conditions with a waiver? Also, do you have gathered  evidence of the co-mingling during your marriage? You might want to use that to proof that the marriage was bonafide when you're gonna remove conditions.

I'm sure there are more VJ members here who can advise you as what you can do.

 

Good luck!

[mindthegap 2,590]

File for divorce, then file an I-751 with a divorce waiver request.

This can be done at any time - it does not have to be in the 90 day window preceding the 2yr anniversary of your 'resident from' date' which applies only to joint filed I-751 petitions.

[joma_0624 1]

Just now, Beachlover said:

First of all, i'm sorry you have to go through this.
Second, I don't have experience with this type of situation, but since you already have your conditional green card you might be able to remove the conditions with a waiver? Also, do you have gathered  evidence of the co-mingling during your marriage? You might want to use that to proof that the marriage was bonafide when you're gonna remove conditions.

I'm sure there are more VJ members here who can advise you as what you can do.

 

Good luck!

Hi, thanks! I have some of the evidences that our marriage was bonafide but i don't have any acess to all our joint accounts now since he cut me off. I still have copies of our previous joint bank statements and our lease and that we filed a joint tax returns.

[JFH 12,190]

*~*~*moved from "removing conditions" to "effects of major family changes" where similar topics are discussed*~*~*

[joma_0624 1]

2 minutes ago, mindthegap said:

File for divorce, then file an I-751 with a divorce waiver request.

This can be done at any time - it does not have to be in the 90 day window preceding the 2yr anniversary of your 'resident from' date' which applies only to joint filed I-751 petitions.

Thank you for responding, my green card will expire next year 2018 i haven't consulted a lawyer since i'm still saving up for money. And i'm worried that he won't sign the divorcd papers just to makr my life more miserable. 

[-Trinity- 513]

3 minutes ago, joma_0624 said:

Hi, thanks! I have some of the evidences that our marriage was bonafide but i don't have any acess to all our joint accounts now since he cut me off. I still have copies of our previous joint bank statements and our lease and that we filed a joint tax returns.

I think its a good thing that you have the joint tax returns. Do you have pictures of you together, with family, on trips?

Also travel  itinerary together? Those are things that might help you to proof the validity of your marriage.

[joma_0624 1]

Just now, Beachlover said:

I think its a good thing that you have the joint tax returns. Do you have pictures of you together, with family, on trips?

Also travel  itinerary together? Those are things that might help you to proof the validity of your marriage.

I still have our vacation trip photos together, and our text messages before and after we got separated. Can i submit evidences of being mistreated? For example, i came home one day and the house was empty because he took all our stuff and my clothes were already packed in a box and i had to sleep on the floor for 2 nights until my friend came and help me move out. 

[mindthegap 2,590]

8 minutes ago, joma_0624 said:

Thank you for responding, my green card will expire next year 2018 i haven't consulted a lawyer since i'm still saving up for money. And i'm worried that he won't sign the divorcd papers just to makr my life more miserable. 

You have plenty of time to work it out then.

Concentrate on gathering as much evidence as possible that the marriage was genuine, while it is still fresh and you may have the opportunity to do so. A divorce waiver I-751 is still adjudicated on the evidence presented, it simply waives the joint aspect of it.

 

When you file for divorce is of course up to you, but note that an I-751 divorce waiver cannot be approved without the divorce being final.

 

Don't forget that you can also request a fee waiver for the I-751 if you are struggling financially.

Edited October 16, 2017 by mindthegap

[-Trinity- 513]

3 minutes ago, joma_0624 said:

I still have our vacation trip photos together, and our text messages before and after we got separated. Can i submit evidences of being mistreated? For example, i came home one day and the house was empty because he took all our stuff and my clothes were already packed in a box and i had to sleep on the floor for 2 nights until my friend came and help me move out. 

That i'm not sure about, but hopefully another VJ member, who has gone through the process, can tell you whether you can add that type of evidence or not.

[joma_0624 1]

1 minute ago, mindthegap said:

You have plenty of time to work it out then.

Concentrate on gathering as much evidence as possible that the marriage was genuine, while it is still fresh and you may have the opportunity to do so. A divorce waiver I-751 is still adjudicated on the evidence presented, it simply waives the joint aspect of it.

 

When you file for divorce is of course up to you, but an I-751 divorce waiver cannot be approved without the divorce being final.

 

Don't forget that you can also request a fee waiver for the I-751 if you are struggling financially.

Copy that. I'll just have to start looking for an immigration lawyer. I was reading the I485 and it says there that the USC should be responsible and must support the immigrant while still on permanent resident status. Is there something i can do with that?

[Nitas_man 3,100]

2 hours ago, joma_0624 said:

Thank you for responding, my green card will expire next year 2018 i haven't consulted a lawyer since i'm still saving up for money. And i'm worried that he won't sign the divorcd papers just to makr my life more miserable. 

Don't know what state you are in but in most states you file, satisfy the waiting period, and the court grants a divorce.  End of story.  Divorce is unfortunately a game and here is the way to play this one.

 

Most states at a minimum grant temporary support while the divorce is pending.  I believe I would suggest you see a family attorney, pay the consulting fee, and when you file for the divorce ask for permanent support under the affidavit of support he signed (then) plan to agree to "settle" for temporary support until the divorce is finalized.  Also, since you are in the US under his support affidavit and this is definitely not a no-fault divorce (if) you can prove infidelity, sue for court costs and legal fees.  You'll very likely get them.  If you do, it won't matter how expensive it gets but it will be $200-$300 from his pocket every time the lawyers make a phone call or send an email.

 

Trust me:  He'll do everything he can then to get it finalized as quickly as possible and to avoid legal fees he won't fight anything.  Then you can move on.

[joma_0624 1]

18 minutes ago, Nitas_man said:

Don't know what state you are in but in most states you file, satisfy the waiting period, and the court grants a divorce.  End of story.  Divorce is unfortunately a game and here is the way to play this one.

 

Most states at a minimum grant temporary support while the divorce is pending.  I believe I would suggest you see a family attorney, pay the consulting fee, and when you file for the divorce ask for permanent support under the affidavit of support he signed (then) plan to agree to "settle" for temporary support until the divorce is finalized.  Also, since you are in the US under his support affidavit and this is definitely not a no-fault divorce (if) you can prove infidelity, sue for court costs and legal fees.  You'll very likely get them.  If you do, it won't matter how expensive it gets but it will be $200-$300 from his pocket every time the lawyers make a phone call or send an email.

 

Trust me:  He'll do everything he can then to get it finalized as quickly as possible and to avoid legal fees he won't fight anything.  Then you can move on.

Thank you so much! I might do that when he's going to refuse to sign anything. As of now, he cut me off with everything, (bank accounts, phone plan, car insurance etc.) He did really made my life miserable. Yes, i have all the evidences of infidelity. 

Edited October 16, 2017 by joma_0624

[Nitas_man 3,100]

3 minutes ago, joma_0624 said:

Thank you so much! I might do that when he's going to refuse to sign anything. As of now, he cut me off with everything, (bank accounts, phone plan, car insurance etc.) He did really made my life miserable.

That is generally a very expensive mistake in context of divorce. 

 

Just add that to the paragraph requesting temporary and permanent support and staple it to the terms of the support affidavit along with the USCIS poverty guidelines.  My guess:  He'll fold at attorney advice, make a deal, and agree to less before it ever sees a judge to be ruled on.  Good luck.

[joma_0624 1]

15 minutes ago, Nitas_man said:

That is generally a very expensive mistake in context of divorce. 

 

Just add that to the paragraph requesting temporary and permanent support and staple it to the terms of the support affidavit along with the USCIS poverty guidelines.  My guess:  He'll fold at attorney advice, make a deal, and agree to less before it ever sees a judge to be ruled on.  Good luck.

Is it okay to do all my legal matters discreetly and not letting him know my plans? He thought i left the country and he thought that there's is no way of me staying because we're not together anymore and he is not aware of the consequences for the affidavit of support that he signed. And to be honest, i really don't want to have any communication with him. Even just seeing his name or hearing it gives me chills im kinda traumatized from what he did to me. 

Edited October 16, 2017 by joma_0624