Came here under IR-1 and seperated

[jacob01 1]

Hey all,

 

I moved to the US a year ago and weeks after I moved here I found out my wife had multiple affairs. I tried to look past it. Then 6 months later she told me she wants me to move out, because she met someone else.

 

I am finally starting to get my bearings on what happened. I want to consider my next steps. I am planning of filing for divorce. I have a job i love here and my nephew who I love (the only child in my life) and would like to stay. But is that a possibility with my separation being so soon after I arrived here? If I build a life here I would eventually like to apply for citizenship, would it become an issue? Or is it wiser to just cut my loses and return, because immigration will view separation so quickly after me arriving suspicious?

 

Because we were together for such a short time we did not build any assets together or our finances did not commingle as much. The only thing I have is a lease we signed together few months we separated.

 

Any advice on this would be appreciated?

 

Thank you!

[laylalex 7,289]

If you came here on an IR-1, you do not need to "prove" anything related to commingled finances during the citizenship process. You can file for your citizenship 5 years after you became a permanent resident. You will need to provide your divorce decree and they may ask you questions during the citizenship interview -- just tell them the truth. Your wife is a terrible person and they will not hold it against you -- there is nothing suspicious about not wanting to be married to a person who has treated you this way.  You have been here 18 months -- that's not "too soon" by any stretch of the imagination. I'll let others add more detail but this is about the gist of it.

 

Wishing you peace and better days ahead. ❤️ 

[NikLR 13,227]

How long were you married before you arrived on your visa? I want to make sure it was and IR1 and not CR1. 

Either way you can stay. 

[jacob01 1]

Just now, NikLR said:

How long were you married before you arrived on your visa? I want to make sure it was and IR1 and not CR1. 

Either way you can stay. 

little over 2 years.

[jacob01 1]

3 minutes ago, laylalex said:

If you came here on an IR-1, you do not need to "prove" anything related to commingled finances during the citizenship process. You can file for your citizenship 5 years after you became a permanent resident. You will need to provide your divorce decree and they may ask you questions during the citizenship interview -- just tell them the truth. Your wife is a terrible person and they will not hold it against you -- there is nothing suspicious about not wanting to be married to a person who has treated you this way.  You have been here 18 months -- that's not "too soon" by any stretch of the imagination. I'll let others add more detail but this is about the gist of it.

 

Wishing you peace and better days ahead. ❤️ 

My worry is during the interview if they askme about my relationship. I will have to explain we got separated 6 months after coming here. So the 12 months later filling for divorce wont matter to the Immigration officer right?

 

I dont know if this helps. But I have recording where she told me, she was never faithful and she never will be and probably wont be faithful with the next person she is with.

[laylalex 7,289]

3 minutes ago, jacob01 said:

My worry is during the interview if they askme about my relationship. I will have to explain we got separated 6 months after coming here. So the 12 months later filling for divorce wont matter to the Immigration officer right?

 

I dont know if this helps. But I have recording where she told me, she was never faithful and she never will be and probably wont be faithful with the next person she is with.

From my understanding, it doesn't matter. You guys were married for two years, she cheated on you and you didn't find out until you came over here. She cheated on you knowing she was bringing you over here -- that is on her, not you. You filed for the purposes of being reunited with your wife in a bona fide marriage, that's what the visa was meant to do, and that's what you did. 

 

The recording won't be relevant for citizenship, but it could be during your divorce. Handle your divorce issues first, immigration later. And in any event, you have a 10 year green card -- YOU DO NOT HAVE TO LEAVE.  Even if you never become a citizen, your green card is yours. Find a good family law attorney, and as they say here on VJ: divorce and move on.

[Just Paul 4,595]

45 minutes ago, jacob01 said:

My worry is during the interview if they askme about my relationship. I will have to explain we got separated 6 months after coming here.

For citizenship the relationship won't matter.   You apply at 5 years and attach a copies of what is required.

[NikLR 13,227]

1 hour ago, jacob01 said:

little over 2 years.

As mentioned then with an IR1 your relationship is no longer an issue.

[jacob01 1]

13 hours ago, Paul & Mary said:

For citizenship the relationship won't matter.   You apply at 5 years and attach a copies of what is required.

 

So they wont probe during the time of my citizenship interview and when i tell them we split after a month they wont think it is suspicious?

[jacob01 1]

13 hours ago, NikLR said:

As mentioned then with an IR1 your relationship is no longer an issue.

So they wont probe during the time of my citizenship interview and when i tell them we split after a month they wont think it is suspicious?

[Zoeeeeeee 797]

30 minutes ago, jacob01 said:

So they wont probe during the time of my citizenship interview and when i tell them we split after a month they wont think it is suspicious?

I think they'll think it's suspicious if your story changes...at the start of the thread, you said you separated after being here for 6 months...now you're saying a month. An inconsistency like that would definitely raise an eyebrow or two. 

[jacob01 1]

1 minute ago, Zoeeeeeee said:

I think they'll think it's suspicious if your story changes...at the start of the thread, you said you separated after being here for 6 months...now you're saying a month. An inconsistency like that would definitely raise an eyebrow or two. 

Sorry that was an error in follow up post It was 6 months.

 

I wanted to edit the last post of the typo. How do I change it?

Edited May 27, 2020 by jacob01
adding info

[NikLR 13,227]

13 minutes ago, jacob01 said:

Sorry that was an error in follow up post It was 6 months.

 

I wanted to edit the last post of the typo. How do I change it?

You cant after a period of time. 

 

Regardless no it doesnt matter.  Your naturalization will be based on having a green card for 5 years not marriage to a USC. 

[geowrian 22,337]

15 hours ago, Paul & Mary said:

For citizenship the relationship won't matter.   You apply at 5 years and attach a copies of what is required.

To clarify this point...

For filing under the 5 year rule, you do not need to demonstrate a bona fide marriage.

At the same time, they can choose to investigate that you earned permanent residency properly, including that the marriage was legitimate.

The difference is the onus is on them to show that it was not, hence why they rarely do this. But they have asked for such documents from others in the past, so it's not unheard of either.

Edited May 27, 2020 by geowrian

[jacob01 1]

4 minutes ago, geowrian said:

To clarify this point...

For filing under the 5 year rule, you do not need to demonstrate a bona fide marriage.

At the same time, they can choose to investigate that you earned permanent residency properly, including that the marriage was legitimate.

The difference is the onus is on them to show that it was not, hence why they rarely do this. But they have asked for such documents from others in the past, so it's not unheard of either.

So if understand it correct (correct if I am wrong). It is the same as convicting someone of a crime. They have to prove that the marrige was entered in bad faith beyond reasonable doubt?

 

Since we separated so quickly I don't have a lot together besides a joint lease we signed together. Few months after I moved here. Will that suffice to prove my side of the story. Besides I have therapist I was seeing to help me cope with all of this and he can probably attest to the trauma I faced as a result of her affair.