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DivorceHELP353

Divorce AFTER GC/N-400 received (NO FAULT)

By DivorceHELP353 in General Immigration-Related Discussion

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Ontarkie Grand Master

Ontarkie   14,221

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to General Immigration Discussion, from AOS FAmily K1/K3 - The OP is now a USC so definitely not going through AOS :) ~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Nitas_man Experienced

Nitas_man   3,100

Posted
Filed: Other Country: Saudi Arabia
 Timeline
Posted
On 7/5/2021 at 4:36 PM, DivorceHELP353 said:

Dear All,

Thank you for all your continued support on my long and stressful journey through immigration, I thought it was all over but it seems I am not quite there yet...

 

Long story short. I got my greencard (via i-751) and citizenship in April at the same time via marriage to a US spouse. 

Our marriage was always a little rocky but since I got my citizenship my US spouse has assaulted me, set fire to various items in the house and acted out in front of our daughter. She is now threatening to file for divorce, however in NY the no fault divorce requires one party to state that the marriage has been irretrievably broken down for six months. Obviously this conflicts with my i-751 Green Card and N-400 interview three months ago. I am concerned that if she files it may cause problems with immigration in the future. Either a) USCIS attempting to revoke my green card and citizenship or b) Issues if I want to marry anyone from abroad in the future (No plans to do this).

 

Our marriage was rocky three months ago but I would not say it was irretrievably broken down. We were talking about seeing a counsellor as much as a few days ago. I still want to continue the marriage for the sake of our daughter on the condition that she calms down.

 

I would be interested to hear the forums thoughts. I have contacted a few lawyers and received conflicting advice.

 

Thank you.

She can file anything she wants.  You have not violated any immigration rules or broken any immigration laws - let her move on.

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Ontarkie Grand Master

Ontarkie   14,221

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

When she moves out or you do that is when the 6 months starts. If she tries to back date it you can disagree with the date.  

Normally they want to see a 6 months separation to show the breakdown of marriage.  

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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