Getting divorced just after receiving a marriage based Green Card

[Emi79 9]

What should I do: I just had my Adjusment of Status/ Green Card interview. We got married last April and my husband has been showing really aggressive nature. We have had counseling but he walked out from the last session. Me and my daughters Green Card are on it’s way but now my husband decided to threaten me that if I don’t behave like he wants (do things like he wants) he is going to ask the immigration officers to cancel our Green Cards and send us back to our home country. 
I sold everything and gave up everything to come here based on his apparently empty promises and I cannot go back straight away for financial reasons and also cause it would be so hard for my daughter having to move again and leave her new friends.

Is there any way that I could apply for removal of conditions on my Green Card this early? 

[sasha8384 7]

4 minutes ago, Emi79 said:

What should I do: I just had my Adjusment of Status/ Green Card interview. We got married last April and my husband has been showing really aggressive nature. We have had counseling but he walked out from the last session. Me and my daughters Green Card are on it’s way but now my husband decided to threaten me that if I don’t behave like he wants (do things like he wants) he is going to ask the immigration officers to cancel our Green Cards and send us back to our home country. 
I sold everything and gave up everything to come here based on his apparently empty promises and I cannot go back straight away for financial reasons and also cause it would be so hard for my daughter having to move again and leave her new friends.

Is there any way that I could apply for removal of conditions on my Green Card this early? 

you can only apply in the time you are required. at this point I personally recommend you seek legal advise.

[Emi79 9]

2 minutes ago, sasha8384 said:

you can only apply in the time you are required. at this point I personally recommend you seek legal advise.

I have heard cases that have been able to apply removal before the 2 year is full. 

Lawyer is only saying that I should just hang in there and not do anything.

[Georgia16 2,858]

7 minutes ago, sasha8384 said:

you can only apply in the time you are required. at this point I personally recommend you seek legal advise.

Actually if a person gets divorced and have the decree they can file right away. That said it would not look so good right after you get the 2 year green card in the mail and you still have to provide evidence that the marriage was real. 

[Emi79 9]

1 minute ago, Georgia16 said:

Actually if a person gets divorced and have the decree they can file right away. That said it would not look so good right after you get the 2 year green card in the mail and you still have to provide evidence that the marriage was real. 

[Unlockable 7,315]

*** Topic moved to  "Effects of Major Family Changes on Immigration Benefits"

 

VJ Moderation

[USS_Voyager 1,972]

54 minutes ago, Emi79 said:

Is there any way that I could apply for removal of conditions on my Green Card this early? 

Yes, with a divorce waiver. You have to get divorced first, then file the I-751 with the divorce and it will be processed accordingly. 

 

You need to proofs of the marriage was entered in good faith, proof of the time you lived together since came here, how the financial was commingled, then document how things changed, you tried to work on the marriage by going to counseling, how he walked out, .... All of that is good stuff, you need to keep proof of all of that. 

 

Yes, it can be done. Yes, people do that all the time. No, you are not alone. I see people apply with divorce waiver and routinely get approved. 

[debbiedoo 2,339]

he can not cancel your green card

 

you can adjust status with a divorce waiver

[Boiler 45,897]

First things first, that Divorce Certificate is needed before you can file.

[Emi79 9]

8 minutes ago, USS_Voyager said:

Yes, with a divorce waiver. You have to get divorced first, then file the I-751 with the divorce and it will be processed accordingly. 

 

You need to proofs of the marriage was entered in good faith, proof of the time you lived together since came here, how the financial was commingled, then document how things changed, you tried to work on the marriage by going to counseling, how he walked out, .... All of that is good stuff, you need to keep proof of all of that. 

 

Yes, it can be done. Yes, people do that all the time. No, you are not alone. I see people apply with divorce waiver and routinely get approved. 

Thank you for your advice! You had so specific answer. Maybe I should try and find another lawyer and do it with him/her or is it possible to do it without a legal adviser?

 

I am so like a deer in the headlights right now and the power my husband is holding over my head is overwhelming even to a strong Finnish woman like me 😔

[Emi79 9]

8 minutes ago, debbiedoo said:

he can not cancel your green card

 

you can adjust status with a divorce waiver

Thank you for your answer. ♥️
The only thing is bothering me is that I just had the Green Card interview so my actual card is still on its way by mail.

[Boiler 45,897]

You need a Divorce Lawyer, nothing currently for an Immigration Lawyer.

[Emi79 9]

1 minute ago, Boiler said:

You need a Divorce Lawyer, nothing currently for an Immigration Lawyer.

Okay thank you. Have to start looking. Thank god for this Forum. ♥️

[USS_Voyager 1,972]

23 minutes ago, Emi79 said:

I am so like a deer in the headlights right now and the power my husband is holding over my head is overwhelming even to a strong Finnish woman like me 😔

He has no power over you whatsoever. You are always in charge of your own destiny. 

 

As mentioned, he cannot cancel anything. He has passed the point of no return. He cannot even withdraw the I-864 because the I-485 has already been approved. 

 

Like I said, your focus right now should be:

 

1. The safety of you and your child, both physically and emotionally. If you feel like it's not safe, time to think about moving out. There organizations that help people in your situation: victims of abuse, woman's groups, ... Contact them. Remember to get the green card. If he hits you or your child, call 911 immediately. 

2. File for divorce. You need that to proceed with immigration. 

3. Collect evidence as I mentioned above. 

4. Start the process of healing. 

[Emi79 9]

1 minute ago, USS_Voyager said:

He has no power over you whatsoever. You are always in charge of your own destiny. 

 

As mentioned, he cannot cancel anything. He has passed the point of no return. He cannot even withdraw the I-864 because the I-485 has already been approved. 

 

Like I said, your focus right now should be:

 

1. The safety of you and your child, both physically and emotionally. If you feel like it's not safe, time to think about moving out. There organizations that help people in your situation: victims of abuse, woman's groups, ... Contact them. Remember to get the green card. If he hits you or your child, call 911 immediately. 

2. File for divorce. You need that to proceed with immigration. 

3. Collect evidence as I mentioned above. 

4. Start the process of healing. 

Thank you ♥️ I am fortunate and living with a Finnish/American family right now. There is no way I could stay in a same place alone with him. 

Thank you for being so supportive. ♥️