2 weeks before filing I-751, I found out he is cheating!

[hurtandmiserable 13]

I don't even know where my head is.

For the past 2 years we lived a happy married life, we built our dream home last year and were hoping to start a family soon.

In the past 2 months we have been preparing all paperwork that we need for the I-751 / Removal of Conditions. 

Out of nowhere I started to feel he acted shady and weird and disrespectful towards me and it was nothing that he has done before.

One evening I found his phone unlocked and found out, that he has cheated on me since I basically moved to America 2 years ago

I was in denial for over 2 weeks and couldn't believe what I have seen. Not one woman, but at least 4 throughout all this time, including meeting one for the past few weeks!

 

I don't know what to do right now. I have to file my documents September 1st.

I don't know if I should just wait to file Sept 1st, then confront him and ask for a divorce?

Or is there a way that I can actually file for myself without him, and file for divorce right away?

I do not want to be around him any longer as he is mentally abusing me at this point and I am getting scared of his behavior.

I know I gave up sooo much in my own country, and honestly I want to continue to work for this company as I absolutely love my job and everything I built up in my career.

Therefore, I really would like to know if there is a way that I can file for the 10 year GC without him being involved so I can file for divorce right away!

 

I appreciate your feedbacks and help!!!! 

And i also appreciate prayers to give me strength through this. 

[Timona 4,208]

In your case, if you're certain you wanna divorce,  you can start the divorce process NOW, then on 1st September file ROC. Then as soon as you get the divorce certificate, you will notify USCIS to switch to "ROC with Divorce Waiver."

 

[hurtandmiserable 13]

3 minutes ago, Timona said:

In your case, if you're certain you wanna divorce,  you can start the divorce process NOW, then on 1st September file ROC. Then as soon as you get the divorce certificate, you will notify USCIS to switch to "ROC with Divorce Waiver."

 

I am 100% sure as I don't believe cheating is an option in a relationship or marriage. 

I want to file for divorce ASAP!

 

So should I submit the paperwork as with him as a sponsor? And then notify at a later stage when divorce is finalized with the

"Roc with divorce waiver"? 

Sorry I am not understanding it. 

[hurtandmiserable 13]

honestly i just feel that i live in a nightmare and surreal bad movie.

we have been traveling together, we have been trying to start a family, we have built a new circle of friends,

we are in such a great place and out of nowhere this happened.

i recently just went through our second miscarriage and am devastated that he is doing this to me.

i know he has taken full advantage of me financially as i had brought a big savings with me for our newlywed life.

ugh sorry for venting...

i just don't know where to start now 

 

 

and BTW - i have been on this visajourney forum for 3 years, but i am embarrassed with my other profile 

as i made so many amazing friends here and i am just embarrassed to even go through this

Edited August 16, 2020 by hurtandmiserable

[igoyougoduke 1,674]

14 minutes ago, hurtandmiserable said:

honestly i just feel that i live in a nightmare and surreal bad movie.

we have been traveling together, we have been trying to start a family, we have built a new circle of friends,

we are in such a great place and out of nowhere this happened.

i recently just went through our second miscarriage and am devastated that he is doing this to me.

i know he has taken full advantage of me financially as i had brought a big savings with me for our newlywed life.

ugh sorry for venting...

i just don't know where to start now 

 

 

and BTW - i have been on this visajourney forum for 3 years, but i am embarrassed with my other profile 

as i made so many amazing friends here and i am just embarrassed to even go through this

you dont have to file anything. why would you file the paperwork for a cheater. Just get your divorce and move on.

[hurtandmiserable 13]

Just now, James120383 said:

you dont have to file anything. why would you file the paperwork for a cheater. Just get your divorce and move on.

I am the greencard holder, he is the american. 

[igoyougoduke 1,674]

yes you can file ROC with divorce waiver. not an issue here as marriage was entered in a good faith and it didnt work out . there should be no issues here with divorce affecting your conditions being removed once you file I-751 with waiver 

Edited August 16, 2020 by James120383

[hurtandmiserable 13]

3 minutes ago, James120383 said:

yes you can file ROC with divorce waiver. not an issue here as marriage was entered in a good faith and it didnt work out 

so just to do this correct:

i do file for my I-751 on Sept 1st, as I am currently not divorced.

Once the divorce is filed, finalized, I will re-send a ROC with divorce waiver? 

[HRQX 4,145]

9 minutes ago, hurtandmiserable said:

I will re-send a ROC with divorce waiver? 

No, don't file a 2nd ROC. At the interview, you can switch to divorce waiver (if divorce is finalized by then).

[hurtandmiserable 13]

5 minutes ago, HRQX said:

No, don't file a 2nd ROC. At the interview, you can switch to divorce waiver (if divorce is finalized by then).

sorry my mind is running everywhere.

so i file ROC with him as we are currently not divorced. 

once it comes to interview i will have to inform them and switch the divorce waiver? 

can he contact uscis and try to remove himself as he is probably going to be so mad that i caught him and file for divorce? 

 

[portorusa 431]

Do not file ROC with him. File for divorce now and attach the paper to your ROC application which you will be filing without him. 

[HRQX 4,145]

12 minutes ago, hurtandmiserable said:

so i file ROC with him as we are currently not divorced. 

once it comes to interview i will have to inform them and switch the divorce waiver?

Also read @geowrian's post below.

12 minutes ago, hurtandmiserable said:

can he contact uscis and try to remove himself as he is probably going to be so mad that i caught him and file for divorce?

If he does that, then USCIS won't do anything against your case. For I-751, you are the "petitioner". He is just the "spouse" that signs in Part 8: https://www.uscis.gov/sites/default/files/document/forms/i-751.pdf

Edited August 16, 2020 by HRQX

[geowrian 22,338]

Option 1) If he's willing to file the I-751 jointly, you can do so now. Then when you get the divorce finalized, contact USCIS to switch to the divorce waiver and provide a copy of the final divorce decree.

 

Option 2) File the I-751 with the divorce waiver option now. USCIS will eventually RFE for the final divorce decree. Send it at that time.

 

15 minutes ago, HRQX said:

At the interview, you can switch to divorce waiver (if divorce is finalized by then).

To be more precise, if the divorce is not finalized then you would switch to a waiver at the interview and get an RFE for the decree.

If the divorce is finalized, contact USCIS to notify them of the switch to a divorce waiver and provide the decree.

 

What you want to avoid is getting divorced and USCIS waiving the interview. Because that can (and has) seriously come back when somebody files for naturalization later (including under the 5 year rule).

Edited August 16, 2020 by geowrian

[hurtandmiserable 13]

17 minutes ago, geowrian said:

Option 1) If he's willing to file the I-751 jointly, you can do so now. Then when you get the divorce finalized, contact USCIS to switch to the divorce waiver and provide a copy of the final divorce decree.

 

we have prepared the entire pile and he has signed it and all. 

as per GA-law it takes an average of 30 - 90 days to finalize a divorce.

so once the divorce is finalized, i wil contact USCIS with another form I-751 to switch to the divorce waiver and provide all evidence of divorce?

or how do i contact them to update them on this status? that's where i am lost. 

[geowrian 22,338]

3 minutes ago, hurtandmiserable said:

so once the divorce is finalized, i wil contact USCIS with another form I-751 to switch to the divorce waiver and provide all evidence of divorce?

or how do i contact them to update them on this status? that's where i am lost. 

Once you get the NOA1, it will contain the service center and address of where you case will be adjudicated (unless later transferred).

You would send a letter to that address requesting to switch to a divorce waiver, and include a copy of the final divorce decree.

You should not send a new I-751. You are asking to change the original I-751, not submitting a new one.