Facing Divorce And Worried

[Louise17 0]

Hi, would like some input here... Background: am currently married to US spouse, now 13 months, have had CGC for 7 months ... yes my Marriage Based Green Card Application was smooth and wrapped up in only 6 months but I live in a quiet area of the country and we had a lawyer take care of everything. I was actually surprised myself at how smooth it was, given: there is a large age gap between me and my husband + I was Out Of Status. But I was above board, there were no issues with our case, we submitted satisfactory evidence, our Interview went very well. But whilst we were still happy there were cracks by the time of the Interview. Now here we are and me and my husband are constantly tearing into each other and miserable and I'm ready to divorce. We are going to marriage counseling but even she knows its a hopeless case. I know divorce doesn't automatically deport me and I can file a waiver afterwards but I'm extremely worried. 1) married less than 18 months 2) had CGC less than 1 year 3) was Out Of Status for more than 3 years prior to status adjustment ... We don't own our place and don't have an official lease but this wasn't an issue before as we had other ways to prove I was living there and have more since then but might it be an issue now with extra scrutiny? If I move out during divorce and before filing the waiver will this be an issue? Do you have to go through another Medical because I'm now being treated for depression and anxiety - would this be an issue? - I feel stuck between a rock and a hard place right now, wanting the peace of splitting up but wondering if I should continue to slog it out so as not to get deported...

[Cyberfx1024 7,980]

11 minutes ago, Louise17 said:

Hi, would like some input here... Background: am currently married to US spouse, now 13 months, have had CGC for 7 months ... yes my Marriage Based Green Card Application was smooth and wrapped up in only 6 months but I live in a quiet area of the country and we had a lawyer take care of everything. I was actually surprised myself at how smooth it was, given: there is a large age gap between me and my husband + I was Out Of Status. But I was above board, there were no issues with our case, we submitted satisfactory evidence, our Interview went very well. But whilst we were still happy there were cracks by the time of the Interview. Now here we are and me and my husband are constantly tearing into each other and miserable and I'm ready to divorce. We are going to marriage counseling but even she knows its a hopeless case. I know divorce doesn't automatically deport me and I can file a waiver afterwards but I'm extremely worried. 1) married less than 18 months 2) had CGC less than 1 year 3) was Out Of Status for more than 3 years prior to status adjustment ... We don't own our place and don't have an official lease but this wasn't an issue before as we had other ways to prove I was living there and have more since then but might it be an issue now with extra scrutiny? If I move out during divorce and before filing the waiver will this be an issue? Do you have to go through another Medical because I'm now being treated for depression and anxiety - would this be an issue? - I feel stuck between a rock and a hard place right now, wanting the peace of splitting up but wondering if I should continue to slog it out so as not to get deported...

No, you do not have go through another medical at all. You will have to file your ROC with a divorce waiver though when it comes time to file for that. But if you entered into marriage with good faith and had a bonafide marriage then you will be fine.

[mindthegap 2,605]

You will not be deported purely because you are divorced/divorcing.

Evidence, evidence, and more evidence of a genuine marriage not entered into for the purposes of circumventing or evading immigration law - that is all they care about, whether joint filing or waiver filing.

Grab everything you possibly can - pre marriage, post marriage, and post GC issuance - that shows anything in life together that may be useful. Even stuff like marriage counselling appointment letters may be addressed to both of you (mine were) so include anything like that however insignificant it may seem.

 

 

Dont forget that you can file a divorce waiver I-751 at any time - you do not have to wait until the 90 day period preceding the GC expiry date as you do with a joint I-751 filing.

 

No further medical required - make sure to take care of yourself first and foremost.

 

 

 

Edited May 22, 2018 by mindthegap

[Sunnyland 639]

Since you came to the US to be with your husband and unfortunately things did not work out. Have you thought of going back to your country after divorcing your husband? You said you feeling anxiety and depressed so maybe you would feel better at your home country with your family where you will have your family/friends for support. Just a thought. Sometimes being alone in another foreign country make things more difficult.

Now if you still want to stay in the US, then you will have to face all this alone. Just gathering all proofs of genuine marriage. They may scrutinize your case in more detail but not impossible. Things happen. 

Edited May 22, 2018 by Sunnyland

[Eric-Pris 1,607]

11 minutes ago, Sunnyland said:

Since you came to the US to be with your husband and unfortunately things did not work out. Have you thought of going back to your country after divorcing your husband? You said you feeling anxiety and depressed so maybe you would feel better at your home country with your family where you will have your family/friends for support. Just a thought. Sometimes being alone in another foreign country make things more difficult.

Now if you still want to stay in the US, then you will have to face all this alone. Just gathering all proofs of genuine marriage. They may scrutinize your case in more detail but not impossible. Things happen. 

She didn't come to the US for her husband.  She didn't say how she came to the US (tourist visa?), but she overstayed 3 years.  So she married her husband (with large age gap), became legal, and a little over a year later (green card in hand), the marriage has fallen apart.  The series of events tells me that she's not interested in going back to her country.