Divorce 1 month after 10 year green card

[SalishSea 17,845]

1 minute ago, KtotheL said:

She said she has some student loans but never mentioned how much. The letter I found was a garnishing letter and it stated the exact amount....a quarter million. Nobody marries someone with a quarter million debts. I caught her one time on the phone talking to a friend about me when she mentioned that I'm almost 40 and have zero debts. apparently that's a rarity here. 

Wow.  Sorry to hear.  Actually, I'm surprised that this doesn't happen more often with the number of people on VJ who decide to marry after visiting someone for ten days...  

[retheem 566]

9 hours ago, KtotheL said:

Here' s the situation,

We have been in a long distance relationship since 2016 and got married

august 2017. Originally she wanted to come to my country but that didnt work out so last year may during a visit i decided to stay in the u.s. and we filed for aos. Shortly afterwards she changed drastically and claimed that im a financial burden ( she had to pay $300 per month for my health insurance). She also stated that her being married made her lose out  on her tax returns. On top of that she became a very toxic person. She starts arguments out of nowhere, calls me a worthless piece of , claims I'm cheating on her and threatened to get me deported. I have a job since 2 months (EAD) and had my GC interview 1 month ago. I was issued a 10 year green card. Now a month later she wants a divorce and wants me to move out. After what I've been through the past few months, which based on her mothers details on the way my wife was treated as a baby is a strong indicator of Narcissism, I'm leaning towards a divorce as being the right decision myself. However, I'm a little worried that this could be seen as highly suspicous since it's been just 1 month since i was issued the gc. Especially when the time comes to file for citizenship since they will look at my entire history again and the divorce could be a red flag.. I don't want anymore trouble, I just want a peaceful life.

Gather as much evidence as possible and file for citizenship after 5 years

[Kowatti 189]

9 hours ago, KtotheL said:

Here' s the situation,

We have been in a long distance relationship since 2016 and got married

august 2017. Originally she wanted to come to my country but that didnt work out so last year may during a visit i decided to stay in the u.s. and we filed for aos. Shortly afterwards she changed drastically and claimed that im a financial burden ( she had to pay $300 per month for my health insurance). She also stated that her being married made her lose out  on her tax returns. On top of that she became a very toxic person. She starts arguments out of nowhere, calls me a worthless piece of , claims I'm cheating on her and threatened to get me deported. I have a job since 2 months (EAD) and had my GC interview 1 month ago. I was issued a 10 year green card. Now a month later she wants a divorce and wants me to move out. After what I've been through the past few months, which based on her mothers details on the way my wife was treated as a baby is a strong indicator of Narcissism, I'm leaning towards a divorce as being the right decision myself. However, I'm a little worried that this could be seen as highly suspicous since it's been just 1 month since i was issued the gc. Especially when the time comes to file for citizenship since they will look at my entire history again and the divorce could be a red flag.. I don't want anymore trouble, I just want a peaceful life.

Hi.  I have a similar situation however, I am the petitioner.  My now husband came to the US in June 2019, we got married in August 2019 & filed for K-1 AOS immediately after.  He received his working permit & 2 year conditional green card.  As soon as he got both, he started signs of narcissistic behavior.  He started hiding his phone, calling other women from his country, started sending money to the primary girlfriend overseas & didn't help much with household bills.  He also would scream at me on a daily basis even in public & he found excuses not to sleep with me as husband & wife.  He called me nasty names & etc.  I separated from him within 1 month due to the mental & emotional abuse.  We don't have much proof to show a bonafide marriage.  I added him to my lease when he first arrived, but we don't have any kids together, traveling for vacation or anything.  I was advised not to get a divorce, only legal separation because at the end of his 2 year conditional green card, he will have to prove a bonafide marriage to get his 10 year green card.  He came here under false pretenses, but I didn't find out until he was granted his conditional green card.  That is when certain things about him started surfacing.  I waisted so much money & time.  I hope he will not be granted the 10 year green card 2 years from now.  I hope everything works out for you.  Hang in there.

[cd37 229]

1 hour ago, KtotheL said:

Luckily she accumulated all her debts before we met and the money that I brought are my personal savings. I think I will be OK but you never know...

That depends on state rules where you live. I guess even if she racked up debt before marriage and if you both are living on her income which is based on her degree, you may be liable for that debt, you really need good attorney. It also depends on length of marriage too.

[KtotheL 1]

7 minutes ago, cd37 said:

That depends on state rules where you live. I guess even if she racked up debt before marriage and if you both are living on her income which is based on her degree, you may be liable for that debt, you really need good attorney. It also depends on length of marriage too.

https://www.montereydivorcelawgroup.com/blog/2019/06/divorce-and-student-loan-debt-in-california/

 

The debt's where accrued several years before we met. She only pays some bills in her parents house (electric, gas, internet). She paid my health insurance, other than that I was living off my savings while I couldn't work. 

[little immigrant 801]

9 hours ago, Nitas_man said:

i don’t understand why you think that they will look over your marriage when you apply for citizenship.

 

You’ll only be eligible for citizenship under the 5-yr rule (unless you are still married when your application is processed) and by 2025 your citizenship is not dependent on your marriage, it is dependent on your presence.

Well they did during my interview so you never know. Better be prepared. 

[Mollie09 1,543]

57 minutes ago, little immigrant said:

Well they did during my interview so you never know. Better be prepared. 

I was asked:

"Are you married?"

"Yes."

"To the original petitioner?"

"No."

"Ok."

 

And the interview moved on to children 🤷‍♀️

But I definitely came prepared with documents from my first marriage.

Edited April 10, 2020 by Mollie09

[usmsbow 801]

5 hours ago, KtotheL said:

She said she has some student loans but never mentioned how much. The letter I found was a garnishing letter and it stated the exact amount....a quarter million. Nobody marries someone with a quarter million debts. I caught her one time on the phone talking to a friend about me when she mentioned that I'm almost 40 and have zero debts. apparently that's a rarity here. After I found out it also made sense to me why she wanted to leave the U.S. so bad. Apparently she was trying to escape her debts. 

 

 

I know a few people who have married others with $250+k in student debt but they were all either doctors or dentists.  Doesnt sound like your wife fits that description though. 

 

Good luck! 

[KtotheL 1]

40 minutes ago, usmsbow said:

 

 

I know a few people who have married others with $250+k in student debt but they were all either doctors or dentists.  Doesnt sound like your wife fits that description though. 

 

Good luck! 

Thank you...MD's can get away with that 😉

Edited April 10, 2020 by KtotheL

[Villanelle 4,122]

On 4/10/2020 at 11:41 AM, Kowatti said:

Hi.  I have a similar situation however, I am the petitioner.  My now husband came to the US in June 2019, we got married in August 2019 & filed for K-1 AOS immediately after.  He received his working permit & 2 year conditional green card.  As soon as he got both, he started signs of narcissistic behavior.  He started hiding his phone, calling other women from his country, started sending money to the primary girlfriend overseas & didn't help much with household bills.  He also would scream at me on a daily basis even in public & he found excuses not to sleep with me as husband & wife.  He called me nasty names & etc.  I separated from him within 1 month due to the mental & emotional abuse.  We don't have much proof to show a bonafide marriage.  I added him to my lease when he first arrived, but we don't have any kids together, traveling for vacation or anything.  I was advised not to get a divorce, only legal separation because at the end of his 2 year conditional green card, he will have to prove a bonafide marriage to get his 10 year green card.  He came here under false pretenses, but I didn't find out until he was granted his conditional green card.  That is when certain things about him started surfacing.  I waisted so much money & time.  I hope he will not be granted the 10 year green card 2 years from now.  I hope everything works out for you.  Hang in there.

Who advised you to not divorce??? IMO they are wrong. 

 

[Kowatti 189]

1 hour ago, Villanelle said:

Who advised you to not divorce??? IMO they are wrong. 

 

Hi.  Someone who claims she was told by her attorney however, I am in the process of relocating to MD & once I get settled, I will definitely find an immigration attorney who can help me.  Do you have any suggestions?  Thanks for your input.  Much appreciated.

[Villanelle 4,122]

9 hours ago, Kowatti said:

Hi.  Someone who claims she was told by her attorney however, I am in the process of relocating to MD & once I get settled, I will definitely find an immigration attorney who can help me.  Do you have any suggestions?  Thanks for your input.  Much appreciated.

He will need to file ROC at the 2yr mark. He can ROC jointly (you must be married still and you would need to sign the 751 and show up for any interview) or he can file under a divorce waiver. He can not be approved under the divorce waiver until a final divorce decree is issued. So he may file for divorce prior to filing to ROC- but if he doesnt he can still file as divorced ROC and complete the divorce while ROC is pending. For divorce ROC your signature is not needed. He also technically could file under abuse ROC- marital status would be irrelevant for that type, your signature would not be needed but he would need proof of abuse. 

 

But basically anytime a marriage 'falls apart' soon after the GC is issued its a red flag for USCIS. The sooner its terminated the more suspicious it becomes. It sounds like you have a legal separation filed- so thats good, hopefully it was done immediately after the card was issued. I also hope you included in it his affairs. Now someone having an affair does not mean they can not ROC- but it can demonstrate no good faith- which is what is needed to ROC successfully. Any mention of fraud on his part in the divorce will also cause an issue for his ROC ,but it has to be in the final divorce papers and not just in the complaint, so you may want to consider fighting to have fraud wordings included. A finding of fraud would also most likely get you a better settlement. So if he wont agree to the fraud in the divorce you may want to consider having the judge rule on it if you have a lot of evidence. Or maybe its best for you to drop the fraud aspect if he agrees to a settlement that works for you. You really need to think about what matters most to you and reevaluate it through out the divorce process. 

Anyway- there is no advantage to waiting to divorce in this case. You are just delaying things. 

[Kowatti 189]

7 hours ago, Villanelle said:

He will need to file ROC at the 2yr mark. He can ROC jointly (you must be married still and you would need to sign the 751 and show up for any interview) or he can file under a divorce waiver. He can not be approved under the divorce waiver until a final divorce decree is issued. So he may file for divorce prior to filing to ROC- but if he doesnt he can still file as divorced ROC and complete the divorce while ROC is pending. For divorce ROC your signature is not needed. He also technically could file under abuse ROC- marital status would be irrelevant for that type, your signature would not be needed but he would need proof of abuse. 

 

But basically anytime a marriage 'falls apart' soon after the GC is issued its a red flag for USCIS. The sooner its terminated the more suspicious it becomes. It sounds like you have a legal separation filed- so thats good, hopefully it was done immediately after the card was issued. I also hope you included in it his affairs. Now someone having an affair does not mean they can not ROC- but it can demonstrate no good faith- which is what is needed to ROC successfully. Any mention of fraud on his part in the divorce will also cause an issue for his ROC ,but it has to be in the final divorce papers and not just in the complaint, so you may want to consider fighting to have fraud wordings included. A finding of fraud would also most likely get you a better settlement. So if he wont agree to the fraud in the divorce you may want to consider having the judge rule on it if you have a lot of evidence. Or maybe its best for you to drop the fraud aspect if he agrees to a settlement that works for you. You really need to think about what matters most to you and reevaluate it through out the divorce process. 

Anyway- there is no advantage to waiting to divorce in this case. You are just delaying things. 

Oh my goodness!  Thank you so very much.  You have given me a lot of valuable information.  This gives me a guideline to follow & which way to proceed with this.  I think I am going to use the fraud & mental/emotional abuse immediately after getting green card.  I intercepted a document that shows he sent another woman money with his first pay check & I have her full name & info.  I found out about another woman he was dating overseas while we were already engaged.  I have her name & phone #.  I wish I had known all this prior to him coming here.  I left him days after he started abusing me emotionally.

Thanks for your help & please feel free to contact me if you can offer more.  

 

[Nitas_man 3,100]

On 4/10/2020 at 9:44 AM, geowrian said:

They will review the entire applicant's history. While they are not applying for naturalization on the basis of marriage, since they obtained an immigration benefit via one, they can (and have) review that aspect as well.

The difference is the burden is on USCIS to show fraud, whereas with the 3 year rule, the burden is on the applicant to show qualification for the benefit by living in marital union.

So to actually have an issue, USCIS needs to demonstrate its case...a pretty high bar and not one they tend to pursue unless they have a strong case.

Yep