I need help! Physically separated from American Spouse - I have a Conditional Green Card

[NikkiFromCanada 233]

I never in a million years imagined I would be writing this, but here I am. I am from Canada and my American husband and I have been together since 2014. We did long distance for 4 years before starting the K-1 Visa process in 2017 to bring me to the USA. I moved to the US in July 2018, from Canada. We got married at the courthouse in the USA in September 2018. A year later (October 2019) we had a huge wedding (for my family & friends) back in Canada. Since March of this year (2020), after many major disagreements, and trying hard to make it work, we finally accepted the fact that we are not compatible, we want to live two completely different lives (he is extremely antisocial, negative minded and draining to be around) and the marriage is just not going to work. He has also been extremely emotionally & verbally abusive which has taken a massive toll on my self-worth and happiness (things I overlooked because I was blinded by love.) Due to Covid, and trying to be financially responsible, we remained living together from March-October, strictly as roommates. I moved out on October 31, after an altercation where he audio recorded me in the home without my knowledge while he was at work, and he became extremely aggressive verbally, throwing my things around. I have a job, and a car, and can financially support myself. My two-year conditional Green Card will expire in July 2021. 

 

My husband has been recently threatening to tell USCIS that I frauded him for a Green Card and says he will have me kicked out of the country. I have lots of proof that this marriage was real, and that I loved his man. Four months AFTER I received my Green Card, we had a huge wedding back in Canada, which I paid for myself. I have paid for renovations this year to his home in preparation to sell, we had hired a realtor in the beginning of this year when we were house hunting for a new home, etc. There are many things that prove this marriage was real, and I really thought it would last forever. I was very much in love with this man until I just could not take the abuse any more. In fact, I was blinded by love. I really do not want to file any paperwork as an abused spouse. I am afraid he will find out if I do that, and I don't know what he will do. I don't want any drama or bad energy, but I do not know what my options are, and what I need to do next. I have a feeling he is doing research, and is going to try to delay the divorce, as he has already told me he plans to try to have me kicked out of the country. I am absolutely sick to my stomach over everything and I really do not want to hire an attorney if I don't have to. I am on a strict budget now as it is very expensive in the area I live in. This forum has helped me tremendously in the past, so here I am again. We do not have anything formal, in writing stating that we are separated, but I have my own place and I am no longer living in the home with my husband.  My conditional Green Card expires in July 2021. What are the next steps I should take and when? Thank you in advance for any insight or assistance. 

[Bob in Boston 698]

16 minutes ago, NikkiFromCanada said:

What are the next steps I should take and when? Thank you in advance for any insight or assistance. 

File for divorce, get the ball rolling. I think you should find a way to get a lawyer for the divorce.

[KimchiLumpia 315]

Sorry - Double Post

 

Edited November 2, 2020 by KimchiLumpia
Double Post

[KimchiLumpia 315]

I'm sorry to hear you are going through this.  I remember seeing and reading your comments from the VJ Canada Portal.

 

Personally, if I were in your situation, I'd question if staying in the US is prudent during these times.  It sounds like you have a large support group of family and friends back in Canada.  After going through a divorce, I know I'd want to be closest to family and friends during that time.

I agree with the post above, hire an attorney and get the ball rolling on your divorce.

Edited November 2, 2020 by KimchiLumpia

[mindthegap 2,589]

1) Look after YOU - emotionally and physically.

2) Divorce. 

3) File your I-751 checking the divorce waiver box - you do need to have a final divorce for a waiver filing to be approved. You can file it without the final divorce but they will ask you to provide it and when you can't it will cause you a load of issues, so best to get the divorce ASAP and file immediately upon receipt.

It is important to note that you can file a waiver I-751 at ANY time - if you had the divorce decree in hand you could do it today, or you can do it any time after expiry of your 2 year card prior to an immigration judge order of removal. 

The strict 90 day window is only applicable for 'regular' joint filings. 

I would suggest you don't mention nor discuss immigration matters with him any more. 

He is not involved in a waiver I-751 process, nor will be called to any interview you may have.

4) Now, this is not to say your ex may not try to screw you. Mine certainly did, in a devious and frankly scumbag way, which DID cause a denial.

I refiled with a divorce waiver, and back to waiting. Still  a permanent resident, still legal, can still work & travel, and have rights. 

It is a disgrace that many ex spouses can think that someone they brought over can be returned like an unwanted amazon package if it doesn't work out.

5) Divorce is not a reason for I-751 denial. It is adjudicated on the evidence of bona-fide-ness provided. 

6) See 5)

 

 

Bottom line, protect yourself, and try not to stress too much. 

 

Edited November 2, 2020 by mindthegap

[NikkiFromCanada 233]

37 minutes ago, KimchiLumpia said:

I'm sorry to hear you are going through this.  I remember seeing and reading your comments from the VJ Canada Portal.

 

Personally, if I were in your situation, I'd question if staying in the US is prudent during these times.  It sounds like you have a large support group of family and friends back in Canada.  After going through a divorce, I know I'd want to be closest to family and friends during that time.

I agree with the post above, hire an attorney and get the ball rolling on your divorce.

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

[KimchiLumpia 315]

18 minutes ago, NikkiFromCanada said:

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

Then you fight like hell to keep it!

Good luck with everything!

[Pinkrlion 2,715]

You already have your GC, file for divorce, and ROC with a divorce waiver.  You will be fine.  

[JonSeattle 202]

You definitely should find a way to speak to a lawyer about the divorce. It could save you a lot in the long run. I'm not familiar with the marriage law for the state where you are located, but I suspect that while your husband can drag out the divorce, he cannot drag out a separation if you just go ahead and file that, with a restraining order to maintain your physical and mental safety.

 

As others have said, he has no power to get you removed from the country. He does have the power to give fraudulent statements to USCIS and get himself into a lot of trouble if he is caught.

[NikkiFromCanada 233]

1 hour ago, Pinkrlion said:

You already have your GC, file for divorce, and ROC with a divorce waiver.  You will be fine.  

But I can only do that if the divorce is final, right??? It hasn't even started yet. 

[NikkiFromCanada 233]

1 hour ago, JonSeattle said:

You definitely should find a way to speak to a lawyer about the divorce. It could save you a lot in the long run. I'm not familiar with the marriage law for the state where you are located, but I suspect that while your husband can drag out the divorce, he cannot drag out a separation if you just go ahead and file that, with a restraining order to maintain your physical and mental safety.

 

As others have said, he has no power to get you removed from the country. He does have the power to give fraudulent statements to USCIS and get himself into a lot of trouble if he is caught.

In Maryland, there's no such thing as a legal separation. Me moving out of the home is what constitutes us being separated. I can't file the ROC without a finalized divorce though? That's the part I'm confused about. Thank you so much for your insight. Your words are encouraging!!! 

[Sukie 1,459]

Nikki, you can FILE the I-751 without the divorce papers.  They'll just hold on to the decision until they get final papers.  Go ahead and file for divorce, and THEN file the I-751 waiver.  Your final papers might come through before the end of the process anyway!!!

 

Good luck, and I'm sorry things did not work out.

 

Sukie in NY

Edited November 2, 2020 by Sukie
typo

[African Zealot 1,455]

5 hours ago, NikkiFromCanada said:

I actually have a better support system here, a better job and a better life. I have made a great life for myself here. 

In just two years? Wow you rock!

[mindthegap 2,589]

1 hour ago, Sukie said:

Nikki, you can FILE the I-751 without the divorce papers.  They'll just hold on to the decision until they get final papers.  Go ahead and file for divorce, and THEN file the I-751 waiver.  Your final papers might come through before the end of the process anyway!!!

Er... if you file a divorce waiver 751 without enclosing a copy of the divorce decree they WILL immediately RFE for it (which at present may be within days, or it may be months, but it will absolutely happen).

Don’t supply it within 90 days? Denial letter, probably NTA and court hearing down the line , and ultimately having to file and pay for a fresh one anyway.

 
Unless you are confident you can have the divorce done and dusted in a matter of months, hold off filing it until done or you are close to being done. 
There isn’t any rush to file it, other than to get ahead of the obscene waiting times. 
 

[Hawk Riders 814]

Information which may be helpful:

https://www.mdcourts.gov/legalhelp/domesticviolence