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Posted

Hi everyone, I'm having a really difficult time and would really appreciate any help. Long story short, my husband and I have been separated for about a year and a half now. We got married 2015 (met in 2014), and he sponsored my green card. I got approved for a 2 year conditional green card in April 2016, we were having problems shortly after we officially got married (financials, struggling to pay for our apartment, he was working for my uncle and they did not get along, etc, was just a lot going on). Then his mom who lives in NY got sick, he went home to take care of her. He told me he was staying in NY for a week. 1 week, 2 weeks went by I started freaking out. We talked on the phone, he said he had to stay a bit longer, his mom was really sick. I understood. But then he never came home. I came to find out he had an affair with someone in NY who he used to work with. I was devastated. I begged him to work things out, I was willing to forgive him for cheating on me, if he was willing to come back home to me. He'd make promises to me, but he wouldn't keep any. But then fast forward to a couple months later, I met someone. He's kind, loving, supportive, understanding of my situation. I gave him the option to leave, just because my situation is complicated. He wanted to stay. We fell in love. Recently, my husband reached out and wanted to file for a divorce. He wants to get married to his mistress. I only have a couple months left on my 2 year conditional green card. My question is, do I file for divorce? Can I re apply for a green card getting married to my boyfriend now after I divorce my husband? I didn't want to have to do it this way, but luck isn't exactly on my side when my husband wants to divorce me. The marriage is real and we did love each other, we just fell out of love. The only thing is, when he moved away from NY, I moved back to my aunt's because I couldn't afford living on my own and we have been living apart then so no proof that we live together other than the expired lease.

 

What should i do? I'm desperate for advice. Thanks so much!

Filed: Timeline
Posted

You will be okay to divorce and still remove conditions. You should look at the "Removal of Conditions" forum and read the many threads on this topic. It will be a lengthier and costlier process. Have you even looked at the forms or read the instructions?  If not, start there and if you don't know seek help from an attorney or local legal aid.

 

 

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

I believe you file the i-751 with a divorce waiver. Seems pretty straightforward from what I've read about it. Consult the VJ Guide on Removing Conditions.

 

One thing to consider is being too quick to re-marry after your divorce is final. Might be a good idea to wait until you have the new 10 yr GC in hand. Good luck.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

Filed: AOS (apr) Country: Philippines
Timeline
Posted
38 minutes ago, heartofgold said:

Hi everyone, I'm having a really difficult time and would really appreciate any help. Long story short, my husband and I have been separated for about a year and a half now. We got married 2015 (met in 2014), and he sponsored my green card. I got approved for a 2 year conditional green card in April 2016, we were having problems shortly after we officially got married (financials, struggling to pay for our apartment, he was working for my uncle and they did not get along, etc, was just a lot going on). Then his mom who lives in NY got sick, he went home to take care of her. He told me he was staying in NY for a week. 1 week, 2 weeks went by I started freaking out. We talked on the phone, he said he had to stay a bit longer, his mom was really sick. I understood. But then he never came home. I came to find out he had an affair with someone in NY who he used to work with. I was devastated. I begged him to work things out, I was willing to forgive him for cheating on me, if he was willing to come back home to me. He'd make promises to me, but he wouldn't keep any. But then fast forward to a couple months later, I met someone. He's kind, loving, supportive, understanding of my situation. I gave him the option to leave, just because my situation is complicated. He wanted to stay. We fell in love. Recently, my husband reached out and wanted to file for a divorce. He wants to get married to his mistress. I only have a couple months left on my 2 year conditional green card. My question is, do I file for divorce? Can I re apply for a green card getting married to my boyfriend now after I divorce my husband? I didn't want to have to do it this way, but luck isn't exactly on my side when my husband wants to divorce me. The marriage is real and we did love each other, we just fell out of love. The only thing is, when he moved away from NY, I moved back to my aunt's because I couldn't afford living on my own and we have been living apart then so no proof that we live together other than the expired lease.

 

What should i do? I'm desperate for advice. Thanks so much!

ROC is based on the original petitioner not your NEW boyfriend

YMMV

Filed: Citizen (pnd) Country: China
Timeline
Posted

I would allow, even encourage, your husband to file for the divorce. That way the disintegration of the marriage rests solely with him, the USC. In that case it would be a PR nightmare if the USCIS decided to revoke your Conditional GC and attempted to deport you because your husband had an affair and wants to marry his mistress.

Posted
4 minutes ago, EricInPS said:

I would allow, even encourage, your husband to file for the divorce. That way the disintegration of the marriage rests solely with him, the USC. In that case it would be a PR nightmare if the USCIS decided to revoke your Conditional GC and attempted to deport you because your husband had an affair and wants to marry his mistress.

Most of the divorces are no-fault, so the court paperwork will unlikely show the proof of disintegration. However, the history --- and what you both did does show that disintegration started to happen when he moved away from you. 

When you file your paperwork, I would recommend writing your own statement describing your relationship in detail.

Filed: Citizen (pnd) Country: China
Timeline
Posted
On 12/15/2017 at 1:57 PM, divorcedgayman said:

Most of the divorces are no-fault, so the court paperwork will unlikely show the proof of disintegration. However, the history --- and what you both did does show that disintegration started to happen when he moved away from you. 

When you file your paperwork, I would recommend writing your own statement describing your relationship in detail.

Any divorce petition will list WHO the petitioner is. USCIS would have a very difficult time justifying deportation based on the USC filing for divorce. Can you imagine, "So, Mr. USC, you brought this immigrant to the US to marry her but you got bored with her and want to divorce so you can marry your mistress? Well, we'll just deport your wife since you are now done with her..." SMH to be sure...

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
34 minutes ago, EricInPS said:

Any divorce petition will list WHO the petitioner is. USCIS would have a very difficult time justifying deportation based on the USC filing for divorce. Can you imagine, "So, Mr. USC, you brought this immigrant to the US to marry her but you got bored with her and want to divorce so you can marry your mistress? Well, we'll just deport your wife since you are now done with her..." SMH to be sure...

 

Do you have any experience at all with any of this? Any sources to back any of this up? Or is this just what you think?

None of this is correct. Divorces won't list a petitioner if it's no-fault, it will list both parties as petitioners. And I'll repeat: USCIS could not care less who initiates a divorce or why.

Filed: Citizen (pnd) Country: China
Timeline
Posted
3 hours ago, Mollie09 said:

 

Do you have any experience at all with any of this? Any sources to back any of this up? Or is this just what you think?

None of this is correct. Divorces won't list a petitioner if it's no-fault, it will list both parties as petitioners. And I'll repeat: USCIS could not care less who initiates a divorce or why.

No need to be insulting, dear. I happen to have two divorces under my belt and know damn well that WHO FILES is a matter of public record. Just because you may have gotten screwed doesn't mean that everyone else will. And, I repeat: The USCIS isn't going to deport a LPR who gets divorced through no fault of her own.

Posted
5 hours ago, EricInPS said:

Any divorce petition will list WHO the petitioner is. USCIS would have a very difficult time justifying deportation based on the USC filing for divorce. Can you imagine, "So, Mr. USC, you brought this immigrant to the US to marry her but you got bored with her and want to divorce so you can marry your mistress? Well, we'll just deport your wife since you are now done with her..." SMH to be sure...

There's no deportation based on divorce, although there are requirements to be granted immigration benefits based on family relationships (such as marriage). For ROC specifically, they don't care about the other individual remarrying or not. They will look at the evidence presented to them that the marriage was entered into in good faith, and that the divorce is finalized before they approve it. They won't look at who they remarried or why (unless said individual is petitioned, in which they may look at it then).


Devil's advocate here...

The USC petitioner could have been paid off for a green card, or discovered they were being used for fraud and initiated the divorce. I'm not suggesting that's the case here in any way, but it makes using who initiated the divorce to determine if there was fraud a moot point.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
15 hours ago, EricInPS said:

No need to be insulting, dear. I happen to have two divorces under my belt and know damn well that WHO FILES is a matter of public record. Just because you may have gotten screwed doesn't mean that everyone else will. And, I repeat: The USCIS isn't going to deport a LPR who gets divorced through no fault of her own.

LOL. Notice my timeline says "Removing Conditions (Approved)".

I'm going to stop feeding the troll and derailing the conversation.

Filed: Timeline
Posted
On 12/15/2017 at 5:26 PM, Mollie09 said:

 

None of this applies. USCIS doesn't care who divorced whom or why. I have personal experience with this.

Any statement made that suggests you were “at fault” in the divorce can have a negative effect on your case. You need to prove the marriage was bonafide. If the divorce papers show you (the LPR) was "at fault" they can hold it against you. 

Posted

 

On 12/19/2017 at 11:03 PM, EricInPS said:

And, I repeat: The USCIS isn't going to deport a LPR who gets divorced through no fault of her own.

 

My recent and unfortunately still current experience contradicts your assertion....far from the norm of course, but it can, and does happen.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

 
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