Failing marriage [merged threads]

[Medical0014 54]

My husband and I entered the marriage in good faith, but when I came to the US he suddenly changed. He is now saying that he doesn’t love me anymore but he said that he is willing to continue the petition and we will hire an immigration attorney during the process. Can a immigration attorney help us with our current situation? We can’t live together because we keep on fighting and I don’t want us to end up hurting each other.

[Danhuqui 1]

I'm sorry you're facing this situation. I once heard of a girl whose husband was cheating on her. She was able to demonstrate that the break up wasn't her fault and she got her GC. I guess as long as you can show evidence that you had a true relationship but now things are not working for you guys you can still get your GC. It's very good how he still wants to help! 

[Medical0014 54]

My husband and I entered the marriage in good faith. We we’re college sweethearts back then and we are both Filipinos by the way, we graduated and he went back here to the US and a year after that he took me here by K1 Visa. When I got here in the US, everything changed. He became a totally different person from when I was in my home country, all the promises and plans were all gone. We had fought a lot of times and we can’t work out on our differences and he clearly doesn’t want to compromise. He is saying that he doesn’t want me anymore because he fell out of love. We are both worried about the interview, should we tell the truth that our marriage is not working out? Will that be a reason for denial? We are planning to hire an immigration attorney. Would an immigration attorney be a help to us? HELP PLEASE. 

[Pengunista 221]

28 minutes ago, Medical0014 said:

My husband and I entered the marriage in good faith. We we’re college sweethearts back then and we are both Filipinos by the way, we graduated and he went back here to the US and a year after that he took me here by K1 Visa. When I got here in the US, everything changed. He became a totally different person from when I was in my home country, all the promises and plans were all gone. We had fought a lot of times and we can’t work out on our differences and he clearly doesn’t want to compromise. He is saying that he doesn’t want me anymore because he fell out of love. We are both worried about the interview, should we tell the truth that our marriage is not working out? Will that be a reason for denial? We are planning to hire an immigration attorney. Would an immigration attorney be a help to us? HELP PLEASE. 

You have to be truthful all the time especially on your interview.  I know it’s sad to see a relationship fall apart, but please don’t go to your interview and pretend that things are okay between the two of you.  It’s unfair to other couples who jumps thru hoops just to prove to the immigration officer that their marriage is real.  

[HRQX 4,145]

1 hour ago, Medical0014 said:

We can’t live together because we keep on fighting and I don’t want us to end up hurting each other.

First of all, you should at least separate. Also, you can start divorce proceedings if you wish; if you divorce you can still get the green card per Matter of Sesay: https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf "We determine that a fiancé(e) visa holder is eligible to adjust under section 245(a) of the Act if, at the time of adjustment, the applicant can demonstrate that he or she entered into a valid marriage to the fiancé(e) petitioner within the 90-day period, provided that the requirements of section 216 do not apply. The statute does not require that the marriage exist at the time that the application is adjudicated outside the section 216 time frame. Also, a divorce before adjustment does not terminate the underlying I-129F petition. Like other adjustment applicants, the fiancé(e) must establish that he or she is admissible to the United States and that adjustment should be granted in the exercise of discretion."

From the policy manual: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

Quote

Marriage Legally Terminated

A nonimmigrant fiancé(e) who contracts a valid and bona fide marriage to the U.S. citizen petitioner within the requisite 90-day time period remains eligible to adjust status on that basis, even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status and regardless of whether the nonimmigrant fiancé(e) remarries thereafter. The applicant remains subject to all conditional permanent residency requirements, if applicable.

1 hour ago, Medical0014 said:

but he said that he is willing to continue the petition and we will hire an immigration attorney during the process.

As long as he doesn't withdraw the I-864 then you are good.

51 minutes ago, Danhuqui said:

I once heard of a girl whose husband was cheating on her. She was able to demonstrate that the break up wasn't her fault and she got her GC.

I assume that case was a K-1 and her husband didn't withdraw the I-864.

Edited October 17, 2019 by HRQX

[geowrian 22,337]

Withdrawal of the I-864 or not is the first major item. That's a big, potentially lifelong financial commitment for something that has no obvious benefit for him.

Second issue is showing a bona fide marriage at the time. While possible under Sesay (as noted above), it can also be an uphill battle for short marriages.

[Lebanese23 303]

15 hours ago, Medical0014 said:

We had fought a lot of times and we can’t work out on our differences and he clearly doesn’t want to compromise. He is saying that he doesn’t want me anymore because he fell out of love. We are both worried about the interview

why is he worried about the interview?  He sounds like he wants you to stay in the country but admitted he no longer in love with you. if you guys are staying friends, you can't lie to the immigration officer, you'll be surprised how well they are trained to read people.   He is still your sponsor and still needs to support you until you leave the country or become a USC.  so what does he want? a lawyer just helps you file, he inst gonna save your marriage.

[Medical0014 54]

4 hours ago, Lebanese23 said:

why is he worried about the interview?  He sounds like he wants you to stay in the country but admitted he no longer in love with you. if you guys are staying friends, you can't lie to the immigration officer, you'll be surprised how well they are trained to read people.   He is still your sponsor and still needs to support you until you leave the country or become a USC.  so what does he want? a lawyer just helps you file, he inst gonna save your marriage.

We don’t know if we should tell the truth to the officer because it might end up to a denial of my adjustment of status. He wants me stay here for my future as a nurse. I am a registered nurse here and I’m just waiting for my EAD to get started working. He still cares for me and wants me to have a great life here in america but the thing is he doesn’t want to be with me anymore because I’ve been emotional ever since I got here, we’ve been fighting a lot over small things, I don’t know what i’ve done wrong for him to change the way he feel towards me. I just got here 4 months ago—adjusting with my new family (we live in his parents house), i have no job and I still don’t know how to drive and i don’t have friends here. I think he is fed up with all my drama. Clearly he doesn’t understand what I am going through because he grew up here. 

[payxibka 10,045]

6 minutes ago, Medical0014 said:

We don’t know if we should tell the truth to the officer because it might end up to a denial of my adjustment of status. He wants me stay here for my future as a nurse. I am a registered nurse here and I’m just waiting for my EAD to get started working. He still cares for me and wants me to have a great life here in america but the thing is he doesn’t want to be with me anymore because I’ve been emotional ever since I got here, we’ve been fighting a lot over small things, I don’t know what i’ve done wrong for him to change the way he feel towards me. I just got here 4 months ago—adjusting with my new family (we live in his parents house), i have no job and I still don’t know how to drive and i don’t have friends here. I think he is fed up with all my drama. Clearly he doesn’t understand what I am going through because he grew up here. 

You must always tell the truth.   If you materially misrepresent the truth, it could affect you for the rest of your life 

[Highmystic 234]

20 minutes ago, Medical0014 said:

We don’t know if we should tell the truth to the officer because it might end up to a denial of my adjustment of status. He wants me stay here for my future as a nurse. I am a registered nurse here and I’m just waiting for my EAD to get started working. He still cares for me and wants me to have a great life here in america but the thing is he doesn’t want to be with me anymore because I’ve been emotional ever since I got here, we’ve been fighting a lot over small things, I don’t know what i’ve done wrong for him to change the way he feel towards me. I just got here 4 months ago—adjusting with my new family (we live in his parents house), i have no job and I still don’t know how to drive and i don’t have friends here. I think he is fed up with all my drama. Clearly he doesn’t understand what I am going through because he grew up here. 

No that it helps you, but my wife and I argued a lot during the long wait for the EAD as I am sure she felt useless and all.  But we stuck it out, like most here and every day we are happy we did.  We are a team, partners, not just married.  We make each other laugh all the time, and we are together constantly, we have movie night, date night, etc.  Ask yourself what it was you saw in him and he in you that you were sweethearts back then, and now don't want to be at all...      I can understand as well, your lack of work plays a big part, especially since he can't afford to leave his parents house to even have your own lives together, alone.  That can play a big part of the frustrations.  Perhaps get some time away,  use FB to meet some friends, or go and volunteer somewhere.  Give him time to miss you. Things might change for the better, so I would not give up so easily.  just my humble Opine.

[Medical0014 54]

5 minutes ago, Highmystic said:

No that it helps you, but my wife and I argued a lot during the long wait for the EAD as I am sure she felt useless and all.  But we stuck it out, like most here and every day we are happy we did.  We are a team, partners, not just married.  We make each other laugh all the time, and we are together constantly, we have movie night, date night, etc.  Ask yourself what it was you saw in him and he in you that you were sweethearts back then, and now don't want to be at all...      I can understand as well, your lack of work plays a big part, especially since he can't afford to leave his parents house to even have your own lives together, alone.  That can play a big part of the frustrations.  Perhaps get some time away,  use FB to meet some friends, or go and volunteer somewhere.  Give him time to miss you. Things might change for the better, so I would not give up so easily.  just my humble Opine.

Thank you for your opinion, I hope everything would turn out fine. 

[TBoneTX 45,309]

Essentially duplicate threads have been merged.

Edited October 17, 2019 by TBoneTX

[Ontarkie 14,227]

~~Moved to Effects of Major Family Changes, from AOS Family - as similar threads are discussed here.~~