Divorce after moving to US without physical green card

[Milala 0]

Hi everyone,

Unfortunately I am in a very delicate and sad situation and would need your advice. 

 

To my immigration status: I moved to US two months ago with a CR1 visa but entered after two years marriage (since I still had to work for 5 months in my country until I could end my work contract). I got a stamp saying LPR. My lawyer told me I should get a 10 yrs green card and I am still waiting on it in the mail.

To my marriage status: A month ago (after I quit my job and already moved here) I have found out about my husbands (US citizen) affairs. Two girls fell pregnant (whereas one was forced to abortion, the other one kept the baby but cut contact to him). I was and still am shocked and heartbroken.

Although the green card visa process was long and with covid even harder for a long distance marriage, I had hope for a reconnection and believed all his love promises and was looking forward to a future with him. I had lived with him before for 8 months. I had no clue about his lies and betrayal during the time apart. As soon as I have found out about his adultery, I distanced myself emotionally to sort my thoughts and feelings. My spouse became extremely frustrated, then controlling and threatening. I felt depressed and had to move out to a friend of mine a week ago for my own safety. 

 

1) I want a divorce or legal separation asap. However, I am not sure if a divorce or separation would be an issue if I have not received my green card by mail? Would I need a waiver in any case? Am I already a LPR with the stamp in my passport and should not worry?

My gc should arrive in the next 20 days...  I already changed my address online.

 

2) I talked to immigrant lawyers but they all said I should wait until I have the gc in hands and even to not divorce so soon because it would raise red flags... but honestly. I need closure on this part of my life and my husband would not wait that long anyway or use it as a tool to use against me all the time. Im not thinking of US citizenship whatsoever right now, so. I am not sure why the lawyers were all so careful and making me so scared?

Does a legal separation make a difference for immigration btw (instead of divorce)?

 

3) Also, I would want to include a statement why the marriage ended. Not sure if he would do it but I do not want to risk any immigration fraud questions since he already threatened me if I would ask for alimony in court, he would lie and say I paid him for the marriage (which is not at all true and luckily I recorded him). I do have messages, witnesses and recordings to prove one of his affairs. Im not asking for alimony, I just want my peace atm. Does such a statement helps for future matters?

 

If I will stay in the United States or move back home is something I will figure out in future. With Covid and having quit my job, chances are the same wherever. I have a lot of friends here in the US and since I previously overstayed my Esta by some days (yes stupid) I could not reenter so easily. At the moment, this is not one of my main concerns, but to get the divorce going without jeopardizing my status.

 

Thank you for taking the time to read and give me some advice. 

 

[HRQX 4,145]

1 hour ago, Milala said:

However, I am not sure if a divorce or separation would be an issue if I have not received my green card by mail?

The divorce will not affect your status or the production and mailing of your GC.

1 hour ago, Milala said:

If I will stay in the United States

Just a reminder that your endorsed Immigrant Visa already is a temporary I-551 document:

“UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.”

[Dashinka 24,513]

First of all, sympathies for your personal problems.  As to your status, this will not be impacted as you already have your GC, and even if your estranged husband threatens to withhold your physical GC when it arrives, you have the ability to get a replacement.

 

Good Luck, and sorry to hear about your problems.

[Sandra G. 5,048]

On 3/3/2021 at 4:29 AM, Milala said:

Hi everyone,

Unfortunately I am in a very delicate and sad situation and would need your advice. 

 

To my immigration status: I moved to US two months ago with a CR1 visa but entered after two years marriage (since I still had to work for 5 months in my country until I could end my work contract). I got a stamp saying LPR. My lawyer told me I should get a 10 yrs green card and I am still waiting on it in the mail.

To my marriage status: A month ago (after I quit my job and already moved here) I have found out about my husbands (US citizen) affairs. Two girls fell pregnant (whereas one was forced to abortion, the other one kept the baby but cut contact to him). I was and still am shocked and heartbroken.

Although the green card visa process was long and with covid even harder for a long distance marriage, I had hope for a reconnection and believed all his love promises and was looking forward to a future with him. I had lived with him before for 8 months. I had no clue about his lies and betrayal during the time apart. As soon as I have found out about his adultery, I distanced myself emotionally to sort my thoughts and feelings. My spouse became extremely frustrated, then controlling and threatening. I felt depressed and had to move out to a friend of mine a week ago for my own safety. 

 

1) I want a divorce or legal separation asap. However, I am not sure if a divorce or separation would be an issue if I have not received my green card by mail? Would I need a waiver in any case? Am I already a LPR with the stamp in my passport and should not worry?

My gc should arrive in the next 20 days...  I already changed my address online.

 

2) I talked to immigrant lawyers but they all said I should wait until I have the gc in hands and even to not divorce so soon because it would raise red flags... but honestly. I need closure on this part of my life and my husband would not wait that long anyway or use it as a tool to use against me all the time. Im not thinking of US citizenship whatsoever right now, so. I am not sure why the lawyers were all so careful and making me so scared?

Does a legal separation make a difference for immigration btw (instead of divorce)?

 

3) Also, I would want to include a statement why the marriage ended. Not sure if he would do it but I do not want to risk any immigration fraud questions since he already threatened me if I would ask for alimony in court, he would lie and say I paid him for the marriage (which is not at all true and luckily I recorded him). I do have messages, witnesses and recordings to prove one of his affairs. Im not asking for alimony, I just want my peace atm. Does such a statement helps for future matters?

 

If I will stay in the United States or move back home is something I will figure out in future. With Covid and having quit my job, chances are the same wherever. I have a lot of friends here in the US and since I previously overstayed my Esta by some days (yes stupid) I could not reenter so easily. At the moment, this is not one of my main concerns, but to get the divorce going without jeopardizing my status.

 

Thank you for taking the time to read and give me some advice. 

 

You should wait for the green card to file for divorce, yes divorcing right after getting the green card is a BIG red flag for immigration, but if you have PROOF about everything that you posted here then you won't have a problem to get the permanent green card.You must right an affidavit when you will renew your GC and submit proof  of what you just said here.

[Letspaintcookies 2,310]

44 minutes ago, sandranj said:

You should wait for the green card to file for divorce, yes divorcing right after getting the green card is a BIG red flag for immigration, but if you have PROOF about everything that you posted here then you won't have a problem to get the permanent green card.You must right an affidavit when you will renew your GC and submit proof  of what you just said here.

How's that? They're married longer than 2 years so she'll get the 10 year card anyway. And when she renews it in 10 years there's no big application involved, just the I-90. She can file for citizenship in 5 years and yes, there might be questions about the divorce so keep everything you have as evidence @Milala for that time and I don't see a problem.

[Scandi 4,166]

They will likely ask about your marriage and divorce when you eventually go for your citizenship interview, if you ever decide to file for citizenship. Other than that it doesn't impact your status in the country, and you don't need to wait for the physical card to file for divorce.