Some help please.. Conditional Green Card received but separating

[alongwayfromhome 0]

Hi everyone, my first time posting here...

 

I'm from the UK and married my American husband 9 months ago, we entered this relationship and marriage in good faith but our marriage is not working out at all, we are both really unhappy.

The pandemic and 2020 have thrown a lot of heartaches our way with family sickness and job losses.

 

I have a 2 year conditional green card (as of April 2020) and currently interviewing for jobs.

If we separate and divorce, do I have to notify USCIS and leave the US immediately?

 

I'm really heartbroken. Please share any helpful information if you can. 

Thank you

[geowrian 22,337]

You are an LPR an remain so until you abandon it or an IJ revokes it. Your status is not tied to your marriage.

 

That said, once you finalize the divorce you can apply for ROC with a divorce waiver (no need to wait for the 90 day window).

Failure to file by the 2 year deadline could result in LPR status being terminated.

 

You will need to show that you entered into the marriage in good faith.

Given the timeframe here, there may or may not be some extra scrutiny. Be sure to compile and submit a good packet of evidence.

[alongwayfromhome 0]

Thank you so much, that's really helpful.

 

3 minutes ago, geowrian said:

You will need to show that you entered into the marriage in good faith.

Given the timeframe here, there may or may not be some extra scrutiny. Be sure to compile and submit a good packet of evidence.

 

I hadn't really thought about this, so it's something I have to look in to. Would it be worth speaking to an immigration lawyer?

[geowrian 22,337]

12 minutes ago, alongwayfromhome said:

I hadn't really thought about this, so it's something I have to look in to. Would it be worth speaking to an immigration lawyer?

I would rarely ever say don't contact an attorney for advice, but many, many people do ROC with a divorce waiver without issue. Whether you want to or not is a personal choice.

 

I believe the I-751 has like a 97% approval rate (and if denied, you can refile...and/or you get the chance to make the case to an immigration judge before a final ruling).

[Just Paul 4,595]

You have your green card so for now there is nothing you need to do.  If you move you need to update USCIS.

 

Come ROC time you select the divorce option.   Keep proofs that you entered into the marriage under good faith. 

 

If you get the divorce finalized before the filing window would open you can file early by selecting divorce waiver.  There is no waiver that you fill out.  It is done at the interview. 

 

Note that if you want citizenship you would now be filing after 5 years rather than 3.

[Wuozopo 4,293]

1 hour ago, alongwayfromhome said:

 

I hadn't really thought about this, so it's something I have to look in to. Would it be worth speaking to an immigration lawyer?

I would start with reading everything in the Removal of Conditions forum to know what kinds of things people present as evidence. Then start gathering those proofs of joint finances, things showing you live together, and things that have both names on them. Find things from the beginning of your marriage onward. Typically you would file ROC just before your 2 year card expires, but once you have a divorce decree, you can remove conditions early. You may not have everything that some people had, but put together the best packet you can while you can still get your hands on things. Sorry it didn’t work out. 

Edited June 10, 2020 by Wuozopo

[Lucky2Lucky 2,526]

57 minutes ago, alongwayfromhome said:

Thank you so much, that's really helpful.

 

 

I hadn't really thought about this, so it's something I have to look in to. Would it be worth speaking to an immigration lawyer?

I don't see how a lawyer would help you; they really can't give you any help or advice that you would find online and your evidence has to do the speaking. Are you both REALLY sure your marriage is over? Any thoughts on therapy? Any inkling your relationship may improve when COVID cools off? It is a stressful time for everyone; I of course do not know your specific situation. 9 months is an extremely short period of time to divorce; which no one may bat an eye with if you were both American but can definitely be questioned as an immigrant who has to present their relationship to the government.

As others stated when you file for Removal of Conditions you file with a divorce waiver and present the evidence you have of a bonafide marriage. One reason I suggested therapy is that if it still does not help your marriage you have additional proof you guys tried to make it work. Individual therapy may be beneficial as well. 

[alongwayfromhome 0]

47 minutes ago, Paul & Mary said:

Note that if you want citizenship you would now be filing after 5 years rather than 3.

Thank you so much, that's good to know.

If ROC goes ok, then it would be a 10 year green card, right?

 

7 minutes ago, Wuozopo said:

Then start gathering those proofs of joint finances, things showing you live together, and things that have both names on them. Find things from the beginning of your marriage onward. Typically you would file ROC just before your 2 year card expires, but once you have a divorce decree, you can remove conditions early. You may not have everything that some people had, but put together the best packet you can while you can still get your hands on things

This is helpful, thank you! We don't have much in terms of joint things. I feel a lot of secrecy around this from my husband. We did have a joint bank account but he closed it as soon as I received the green card. I feel like it's an unbalanced situation and relationship. 

 

9 minutes ago, Wuozopo said:

Sorry it didn’t work out

Thank you 😢 

 

10 minutes ago, Luckycuds said:

Are you both REALLY sure your marriage is over? Any thoughts on therapy? Any inkling your relationship may improve when COVID cools off? It is a stressful time for everyone; I of course do not know your specific situation. 9 months is an extremely short period of time to divorce; which no one may bat an eye with if you were both American but can definitely be questioned as an immigrant who has to present their relationship to the government.

As others stated when you file for Removal of Conditions you file with a divorce waiver and present the evidence you have of a bonafide marriage. One reason I suggested therapy is that if it still does not help your marriage you have additional proof you guys tried to make it work. Individual therapy may be beneficial as well. 

Thank you! Yes we did therapy for a while. I found it to be good but he was reluctant and felt that it wasn't working or worth it, plus the expense of that I think was stressful with the job loss situation. We also live with his mother and never had our own place or space during our time together here, which has been difficult. We were long distance back and forth before me moving here, so it was always going to be 'new' to live together. My self-esteem has crashed a fair bit during this relationship, I was not aware when we were dating of how much unfavourable judgment against me there would be.

I think that's what I am worried about, how short the time frame is. It hasn't been confirmed but we have talked about it. I think it is only a matter of time and I'm trying to inform myself of my options / next steps. 

[Just Paul 4,595]

Just now, alongwayfromhome said:

If ROC goes ok, then it would be a 10 year green card, right?

Yes  10 years - and you can file right after the divorce is final if done before the window opens.

[Lucky2Lucky 2,526]

5 hours ago, alongwayfromhome said:

Thank you so much, that's good to know.

If ROC goes ok, then it would be a 10 year green card, right?

 

This is helpful, thank you! We don't have much in terms of joint things. I feel a lot of secrecy around this from my husband. We did have a joint bank account but he closed it as soon as I received the green card. I feel like it's an unbalanced situation and relationship. 

 

Thank you 😢 

 

Thank you! Yes we did therapy for a while. I found it to be good but he was reluctant and felt that it wasn't working or worth it, plus the expense of that I think was stressful with the job loss situation. We also live with his mother and never had our own place or space during our time together here, which has been difficult. We were long distance back and forth before me moving here, so it was always going to be 'new' to live together. My self-esteem has crashed a fair bit during this relationship, I was not aware when we were dating of how much unfavourable judgment against me there would be.

I think that's what I am worried about, how short the time frame is. It hasn't been confirmed but we have talked about it. I think it is only a matter of time and I'm trying to inform myself of my options / next steps. 

Hi I wanted to add I am unsure if your relationship with his mother but when it comes time for ROC if she would be willing to write an affidavit that you guys did live together with her from date-date... that would at least show some proof of living together since there isn’t a joint lease. Again it may be far fetched but some people may still have a relationship with potential ex/in laws

[MattyUKtoUS 242]

15 hours ago, Paul & Mary said:

You have your green card so for now there is nothing you need to do.  If you move you need to update USCIS.

 

Come ROC time you select the divorce option.   Keep proofs that you entered into the marriage under good faith. 

 

If you get the divorce finalized before the filing window would open you can file early by selecting divorce waiver.  There is no waiver that you fill out.  It is done at the interview. 

 

Note that if you want citizenship you would now be filing after 5 years rather than 3.

Hi there.

 

I am just curious as to how you prove 'good faith' Do you mean things such as evidence like spending time together / pictures? or something else. I know that at state level there can be different types of divorce and some even have a no fault option but I have to admit, it's something I never thought about.

 

 

[MattyUKtoUS 242]

17 hours ago, alongwayfromhome said:

Hi everyone, my first time posting here...

 

I'm from the UK and married my American husband 9 months ago, we entered this relationship and marriage in good faith but our marriage is not working out at all, we are both really unhappy.

The pandemic and 2020 have thrown a lot of heartaches our way with family sickness and job losses.

 

I have a 2 year conditional green card (as of April 2020) and currently interviewing for jobs.

If we separate and divorce, do I have to notify USCIS and leave the US immediately?

 

I'm really heartbroken. Please share any helpful information if you can. 

Thank you

I'm really sorry to hear this.

 

As the others have said, you should not need to pickup and leave unless you really want/need to. You will need evidence if you plan to remove conditions to get your 10 year GC.

 

Also, please check with your state regarding divorce, some have time limits regarding how early you can divorce and other things such as no fault. No fault would be the best option if you both feel things are unable to continue and can aggrege to a mutual divorce.

 

Gather as much information as you can to prove that you were both together and be able to demonstrate that this was far from the intended intention.

 

 

If you're coming back to the UK, try to have all you paperwork done regarding the divorce. As clean as you can possibly make will save you a lot of stress down the road. 

 

Matt

[geowrian 22,337]

5 hours ago, MattyUKtoUS said:

I am just curious as to how you prove 'good faith' Do you mean things such as evidence like spending time together / pictures? or something else. I know that at state level there can be different types of divorce and some even have a no fault option but I have to admit, it's something I never thought about.

Unless there is a finding of marriage fraud, USCIS doesn't really care who's fault the divorce was. They are focused on showing that it was entered into in good faith, not how it ended.

 

They look at things like like living together, doing things together, sharing accounts, being beneficiaries on accounts, etc. "Normal" married couple activities.

That doesn't mean that less common setups are impossible to show this (like a spouse that lives apart for school or who travels for work), but that's the main type of things married couples do together.

People in a sham marriage generally don't have joint accounts that they actually use together to pay for everyday bills and life's expenses. They don't usually list somebody they don't really care about as their beneficiary on a life insurance policy.

(Note the underlined part above...some couples create a joint account as evidence for ROC because they heard it's good, but didn't really use it jointly. That looks more fishy than helpful IMO.)