Conditional green card and a divorce

[Sharonna 0]

Hi,

I am with a conditional green card. One year already gone. But my spouse planning to divorce me. He wants to call to immigrational service, and let them know that we are not together anymore. 

My question is: would it be possible for me to stay till my green card expires? Or I will be forced to leave US as soon as immigration has proves that we are not in a marriage anymore? 

Please help me, I'm in a DEP at Navy, and I don't know if I'm gonna be eligible for navy anymore. 

[Ben&Zian 4,398]

Continue on, before expiration of the GC for ROC on your own. Not much  he can do.

 

By the way,  skip the DEP portion and just go full time active duty. That's what I did for the Army years back, no point in holding back so to say.

[Sharonna 0]

1 minute ago, Ben&Zian said:

Continue on, before expiration of the GC for ROC on your own. Not much  he can do.

 

By the way,  skip the DEP portion and just go full time active duty. That's what I did for the Army years back, no point in holding back so to say.

Thank you,

I'm going active, but because of security clearance I must wait until September. He is blackmailing me, that he will contact immigration services to kick me out of the country. I don't really know my rights, going through stressful times now.

[mindthegap 2,605]

 Thankfully immigration does not have a return policy like amazon, and you do not have to leave just because you are divorcing.

 

File the I-751 for removal of conditions with a divorce waiver. It will still be adjudicated on the evidence provided but will not involve your spouse. Your status as a lawful permanent resident remains.

[nightingalejules 678]

Don't worry. Start collecting as much evidence as you can for your Removal of conditions (bank statements, driver's licenses, health care cards - everything that proves that you were legitimately married)  You can file with a divorce waiver as soon as your final divorce decree comes through, or if it still hasn't come through by the time you're eligible to file (90 days before your green card expires) just file then.

 

You are still eligible for everything, and you won't be deported unless you fail to file Removal of Conditions before the expiry of your green card.

 

Your spouse can't do anything to stop you from applying for Removal of Conditions - and they'll still be on the hook as your sponsor - divorce doesn't change that.

It happens a lot, and you'll be fine. Don't let your spouse bully you into thinking otherwise.

[mindthegap 2,605]

Just now, Sharonna said:

He is blackmailing me, that he will contact immigration services to kick me out of the country. 

Do you have proof of this? 

Trying to use someones immigration status against them is classed as abuse.

[kris&me 572]

talk to the recruiter as going full time miliitary helps get your citzenship

read all the informaiton they give you

sorry he is threathening you but also understand he signed the I 864 (if married) or I 134 if financee to support you 

you actually have the upper hand 

see a lawyer

[Sharonna 0]

4 minutes ago, mindthegap said:

Do you have proof of this? 

Trying to use someones immigration status against them is classed as abuse.

I don't have in written, but I have our conversation recorded. I know it is illegal. He contacted already my recruiter, told him that we do not live together anymore. He kicked me out of the house.

[Sharonna 0]

2 minutes ago, kris&me said:

talk to the recruiter as going full time miliitary helps get your citzenship

read all the informaiton they give you

sorry he is threathening you but also understand he signed the I 864 (if married) or I 134 if financee to support you 

you actually have the upper hand 

see a lawyer

We're married for 3 years. I was going through abusive relationship. 

[mindthegap 2,605]

File for divorce and file the I-751 with a divorce waiver or abuse waiver if you can prove it.

You can file with a divorce or abuse waiver at any time, it does not have to be in the 90 days immediately preceding your 2 year GC expiry.

 

 

It is a rubbish situation, but try not to worry too much. You remain a lawful permanent resident.

Thankfully there are laws on your side, and you are entitled to due process.

Edited February 12, 2018 by mindthegap

[Jimbo09 19]

7 hours ago, Sharonna said:

We're married for 3 years. I was going through abusive relationship. 

Really unfortunate you're dealing with this issue.  Now is the time to really be calm and gather as much information as possible. 

 

With regards to dealing with the military or any governmental agency, make sure you have everything in writing.  Start writing down what the recruiter(s) promised and make sure it is on your contract prior to getting on that bus for boot camp.  Always remember that if it is not stated explicitly on the contract, it doesn't exist.  I ended up staying an extra day in San Diego just to make sure I was guaranteed a job and an enlistment bonus.

[Sharonna 0]

On 2/12/2018 at 12:33 PM, mindthegap said:

File for divorce and file the I-751 with a divorce waiver or abuse waiver if you can prove it.

You can file with a divorce or abuse waiver at any time, it does not have to be in the 90 days immediately preceding your 2 year GC expiry.

 

 

It is a rubbish situation, but try not to worry too much. You remain a lawful permanent resident.

Thankfully there are laws on your side, and you are entitled to due process.

Hello everyone,

I have an update for my situation. Last week my spouse sent an email to my recruiter, saying that he discovered that I'm suffering from mental illness, that I'm on medications. 

Also this is a part of his letter:"In light of all the violence in this country these days, it would not sit well with me to know that there is a mentally unstable person receiving weapons training by our government. I strongly recommend that you look further into her application to decide if it warrants more inquiry and possible disqualification."

at the same time he is saying he was forced to tell to my recruiters that we are together, thus we are not in bona fide relationship for a year.

I do not have any issues with my health. I don't know how to protect myself. I spoke to my recruiters, told them that he is doing this on purpose, because I'm not giving him a divorce. He's wants to ruin my life completely.

if anyone has something to say, what could help me in this situation, please. I'm losing my hope. It's been already almost two months, I live in my car. The last year we been together. How can I prove he's telling them lies???

[NikLR 13,232]

give him a divorce... Why are you trying to force him to stay married?  He can't force you to leave the USA and you can remove conditions on your own if you need to.  IMHO your best bet is to A) stop telling him what you're doing,  b) get divorced and move on with your life.   He can't kick you out of the country.   Only an immigration judge can make you leave and they don't listen to vengeful ex spouses. 

[Sharonna 0]

1 hour ago, NikLR said:

give him a divorce... Why are you trying to force him to stay married?  He can't force you to leave the USA and you can remove conditions on your own if you need to.  IMHO your best bet is to A) stop telling him what you're doing,  b) get divorced and move on with your life.   He can't kick you out of the country.   Only an immigration judge can make you leave and they don't listen to vengeful ex spouses. 

But i am in DEP at Navy, I can't be in any courts right now, and my GC is conditional, I won't be eligible for the Navy anymore after divorce, while I'm waiting for bootcamp to be shipped out.

[mindthegap 2,605]

55 minutes ago, Sharonna said:

But i am in DEP at Navy, I can't be in any courts right now, and my GC is conditional, I won't be eligible for the Navy anymore after divorce, while I'm waiting for bootcamp to be shipped out.

You don’t lose your conditional status if you divorce.