Can foreign spouse file divorce on Conditional GC?

[Chemist 2]

9 hours ago, JFH said:

You need to accept some personal responsibility here too. You chose her. You went to great lengths to demonstrate the relationship was genuine. Turns out you made a bad choice. It happens. I'm guessing you didn't spend that much time together before proposing - from browsing these forums it seems a week is about the norm for K-1s. That's really not enough time to get to know some from a completely different culture well enough to decide to spend every waking moment henceforth with that person. You probably rushed into it and this is what happens. 

 

I made three trips to see her in Ukraine, plus uncountable hours on Skype over a one year period.  It seemed like a long enough courtship.

 

 

[Boiler 45,662]

Always find it odd, if you were dating a lady in the next State would you think the same?

[Chemist 2]

10 minutes ago, Boiler said:

Always find it odd, if you were dating a lady in the next State would you think the same?

Think the same about what?  That a one year courtship is enough?

 

Yes, I would think so.  

[Boiler 45,662]

Sounds good then. Maybe a cultural thing.

[WeGuyGal 1,052]

3 hours ago, Chemist said:

I made three trips to see her in Ukraine, plus uncountable hours on Skype over a one year period.  It seemed like a long enough courtship.

 

 

She was coached well, it seems. 

[JFH 12,190]

10 hours ago, Chemist said:

I made three trips to see her in Ukraine, plus uncountable hours on Skype over a one year period.  It seemed like a long enough courtship.

 

 

How many times did she come here? I visited over 40 times before immigrating. I also come from an English-speaking country and I struggled with some aspects of re-adjustment. 

[N-o-l-a 7,168]

32 minutes ago, JFH said:

How many times did she come here? I visited over 40 times before immigrating. I also come from an English-speaking country and I struggled with some aspects of re-adjustment. 

 

That is an abnormally high number of times to visit, for anyone, unless your business involves routinely traveling to other countries.

 

My husband's first trip on an airplane was to visit me and his only trip to America before we got married.  We spent less than 2 weeks total visiting each other (over two trips) before we moved in together.  That is more typical of the visajourney experience.  

 

I would expect a single Ukrainian woman might not be able to easily travel to America.

 

 

[Boiler 45,662]

I must have made 10 trips to the US totally 4 months or so.

[Chemist 2]

14 hours ago, JFH said:

How many times did she come here? I visited over 40 times before immigrating. I also come from an English-speaking country and I struggled with some aspects of re-adjustment. 

Zero.  Her first time was on the K-1 visa. 

 

[Going through 5,671]

7 hours ago, Chemist said:

Zero.  Her first time was on the K-1 visa. 

 

She went through a HUGE culture shock, then.  It's hard on a foreigner when they have to leave everything and everyone they know behind and uproot themselves into a completely different lifestyle.  After 13 years here, I still experience it from time to time, even coming from right next door country-wise.

[Chemist 2]

4 hours ago, Going through said:

She went through a HUGE culture shock, then.  It's hard on a foreigner when they have to leave everything and everyone they know behind and uproot themselves into a completely different lifestyle.  After 13 years here, I still experience it from time to time, even coming from right next door country-wise.

And oddly she chose the course of action that is likely to add more stress to her life then she already has. 

[Going through 5,671]

9 hours ago, Chemist said:

And oddly she chose the course of action that is likely to add more stress to her life then she already has. 

It may.  It may not.  Depends on her mindset towards you and the marriage after everything that's happened between you two.

Wish you and her the best of luck.

 

[shark101au 24]

Well seems like you got suckered. She was looking for an easy ticket into the USA and she found it.The best you can do is learn from your naivety and move on. Now if you could prove she was seeing someone else, which could be very likely, you could have her GC revoked.

 

[Nitas_man 3,100]

On ‎11‎/‎2‎/‎2017 at 4:31 PM, Chemist said:

We were struggling financially in Florida and I was forced to take a better paying job out of state to support us.  So there was several months we were living apart.  This would seem to be a red flag with USCIS. She promised to move up to join me eventually but filed for divorce a few months after receiving the conditional green card.  It seemed like she was keeping things going until she had the green card.

 

I understand she has a "right to divorce" and that I submitted evidence for the K1 visa and AOS previously

 

And it seems that USCIS would rather err on the side of a good faith marriage and allowing her to stay in the country.

 

I'm surprised that USCIS wouldn't consider that she was just going through the motions to get to the green card.  If not, then what's the purpose have having a conditional status for  green cards at all?

 

Initially, it seemed to me that she had weak evidence, just a few documents, but it seems like that isn't the case.  

 

 

 

So you moved not her.  Wouldn't be hard for her to make a case in her defense that she moved to florida to be with you but then you abandoned her and moved to another state to work.  You really don't have a choice but to move on and let things fall where they will.  Sorry about your situation.

[Boiler 45,662]

10 minutes ago, shark101au said:

Well seems like you got suckered. She was looking for an easy ticket into the USA and she found it.The best you can do is learn from your naivety and move on. Now if you could prove she was seeing someone else, which could be very likely, you could have her GC revoked.

 

Infidelity in itself would not be an issue, as part of the totality that might help, obviously hard evidence is what would be required.