Divorce on conditional GC (merged)

[Tunisian_tunisia 13]

i confronted her last night, after catching her on her way to cheat with the other guy. She admitted it but blamed it on me. To be honest, i'm emotionally broken right now, but i just wanted to share this so maybe someone will give me some advice or make me aware of what i should do next. I don't know if she will file for divorce or she will just run away, but currently i moved in with her parents and they are waiting on her to show up so they have a conversation with her.They are way beyond angry with her and they offered me all the support i might need. I'm filled with anger and hurt and at this point and i don't care what she does, all i care about that i don't want to end up the on who gets cheated on and on top of that have my residency at risk, especially that i'm a student and i definitely have a future here.

thank

Edited November 24, 2018 by Tunisian_tunisia

[Going through 5,671]

20 hours ago, Tunisian_tunisia said:

To be honest, i'm emotionally broken right now, but i just wanted to share this so maybe someone will give me some advice or make me aware of what i should do next. I don't know if she will file for divorce or she will just run away, but currently i moved in with her parents and they are waiting on her to show up so they have a conversation with her.

You don't have to wait for her to be the one to file for divorce---you can file for divorce first.

[Tunisian_tunisia 13]

3 hours ago, Going through said:

You don't have to wait for her to be the one to file for divorce---you can file for divorce first.

Would that matter if i file first or she files first?!

[TM92 527]

3 minutes ago, Tunisian_tunisia said:

Would that matter if i file first or she files first?!

Does not matter

[Tunisian_tunisia 13]

Update: we talked with her parents and they know she cheated, but to be honest with you guys, i didn’t want to end the relationship before we go to counseling. I want to have the counseling proof that i tried to work on my marriage because i really am trying. She agreed to go but The fact that she cheated is really just making me wanna go away and divorce her, but i just want an evidence to show to the immigration officer that even tho she cheated i was still willing to work on our relationship.

[geowrian 22,337]

Hopefully some progress is made in counseling...whether that ends up being a divorce or not, it is a wise move either way IMO.

Edited November 25, 2018 by geowrian

[NikLR 13,227]

3 hours ago, Tunisian_tunisia said:

Would that matter if i file first or she files first?!

Generally speaking the one who files first has the upper hand. 

 

For ROC purposes it doesnt matter.  

 

You've been told MULTIPLE times that her cheating has ZERO effect on your ROC.  It sucks that your wife didn't love you enough to remain faithful.  I'm sorry you had to go through all that pain.  Again the USCIS does NOT care why thr marriage ended, only that you entered with good faith.  You have more than enough evidence of that and your immigration status shouldnt be a concern for you at this point.  What you should be doing is talking to a divorce attorney and finding a way to live on your own away from your in-laws and soon to be ex-wife. Get your evidence and move on so you can be happy. 

 

Edit:  you can try counselling if you want but in my experience, once a partner is unfaithful, it is extremely difficult for a marriage to continue.  But you can choose for yourself. 

 

 

Edited November 25, 2018 by NikLR

[Tunisian_tunisia 13]

7 hours ago, NikLR said:

Generally speaking the one who files first has the upper hand. 

 

For ROC purposes it doesnt matter.  

 

You've been told MULTIPLE times that her cheating has ZERO effect on your ROC.  It sucks that your wife didn't love you enough to remain faithful.  I'm sorry you had to go through all that pain.  Again the USCIS does NOT care why thr marriage ended, only that you entered with good faith.  You have more than enough evidence of that and your immigration status shouldnt be a concern for you at this point.  What you should be doing is talking to a divorce attorney and finding a way to live on your own away from your in-laws and soon to be ex-wife. Get your evidence and move on so you can be happy. 

 

Edit:  you can try counselling if you want but in my experience, once a partner is unfaithful, it is extremely difficult for a marriage to continue.  But you can choose for yourself. 

 

 

do i need to consult a divorce attorney ? can't i file divorce papers on my own ? I want to try counseling for two reasons: 1- to try and work things out 2- if things didn't wokout i can add the counseling report to my proof of bonafide 

[Tunisian_tunisia 13]

When i file for ROC after divorce, do i have to attach an explanation to why the relationship ended ?

 

[NikLR 13,227]

9 hours ago, Tunisian_tunisia said:

When i file for ROC after divorce, do i have to attach an explanation to why the relationship ended ?

 

No

[NikLR 13,227]

9 hours ago, Tunisian_tunisia said:

do i need to consult a divorce attorney ? can't i file divorce papers on my own ? I want to try counseling for two reasons: 1- to try and work things out 2- if things didn't wokout i can add the counseling report to my proof of bonafide 

You can but at least a consultation would make sure everything is correct.

 

I consulted a divorce attorney when my ex and I broke up and we werent married. 

[Tunisian_tunisia 13]

2 hours ago, NikLR said:

You can but at least a consultation would make sure everything is correct.

 

I consulted a divorce attorney when my ex and I broke up and we werent married. 

Where you going theough the same situation as i’am right now when you divorced?! 

[SadGirlneedshelp 5]

On 11/24/2018 at 10:36 AM, Tunisian_tunisia said:

i confronted her last night, after catching her on her way to cheat with the other guy. She admitted it but blamed it on me. To be honest, i'm emotionally broken right now, but i just wanted to share this so maybe someone will give me some advice or make me aware of what i should do next. I don't know if she will file for divorce or she will just run away, but currently i moved in with her parents and they are waiting on her to show up so they have a conversation with her.They are way beyond angry with her and they offered me all the support i might need. I'm filled with anger and hurt and at this point and i don't care what she does, all i care about that i don't want to end up the on who gets cheated on and on top of that have my residency at risk, especially that i'm a student and i definitely have a future here.

thank

Sorry that you have to go through this like I did a few months ago. I filed for the divorce while my ROC is pending. Haven't heard anything back yet. But hope for the best!

 

I'm glad your in-laws are supportive. The first reaction my former in-law had when he heard us going through separation (long before divorce) was "Come and visit your cousins. They are waiting to marry you!"

[Tunisian_tunisia 13]

Guys, I’m really angry and emotionally broken, i feel like I don’t even want to get her back. How good of a proof is counseling?! Because to be honest, I think I’m starting to be depressed, i missed work, i missed school I didn’t eat or drink in over 3 days, i have sleep issues and I don’t want to meet or talk to anyone with constant feeling of self blame and pain and wanting to cry all the time. She booked an appointment for dec 10 for counseling  but I don’t know i can hold on to that date i keep getting broken more and more each day. Please tell me how good of a proof is counseling?! I think I’m gonna go to a therapist too, my condition is getting worse each day 

[geowrian 22,337]

I wouldn't sweat too much about counseling as it relates to immigration. I think it would be the wisest decision mentally/emotionally. Counseling isn't always to just get back together/work things out. Sometimes it's to help handle the changes going on in your life as a result. It's not like regular, individual counseling with a therapist...but it isn't just to get back together either.

The individual therapist sounds like a healthy decision as well.

 

Best wishes.