Divorce after green card

[Vani & Henry 14]

Hi everybody am seeking advice for green card. Me and husband got married in Oct 2018 and we applied for the IR1 visa. I got my visa 10th March 2020 when covid hit. So I moved to California 12th of July 2020 and received my greencard date 07/12/20 through 07/12/30 which is 10yrs. I was thinking when you apply you get 2yrs then you apply again before the 90 days anniversary. So should send the paperwork again in April or if the greencard shows 10yrs am good .My friend from same country same amount of time she got a Conditional green card whereas I got a different. So my biggest issue is since I moved here I've been going through lots of emotional abuse as my husband has drinking problem. I had to leave the house and stand on the road couple of times as am scared he might hit me.. i had to go through counseling. We are not compatible at all so we might go for a divorce. What are my rights. Am not working I go to  school and I have no savings. I can't pay a lawyer. Will i lose my green card status? 

Thank you for helping me out 

[HRQX 4,145]

14 minutes ago, Vani & Henry said:

Will i lose my green card status?

If you divorce then you'll be eligible for the divorce waiver. That waiver is commonly approved.

14 minutes ago, Vani & Henry said:

12th of July 2020

Since there is still time until July 2022 you should file Form I-90 for free ASAP: https://www.uscis.gov/i-90

Quote

Filing Fee

(D) My existing card has incorrect data because of DHS error.

Total $0

 

I recommend filing Form I-90 online.

Edited July 26, 2021 by HRQX

[WOODHIKER 30]

You are not good. You receive the 2 year conditional green card if at the time you entered the US you had been married for less than 2 years. Since you were married Oct 2018 and entered July 2020 you should not have received the 10 year green card. As stated above, you need to file the I90 ASAP in order to correct the error.

[USC4SPOUSE 506]

2 hours ago, Vani & Henry said:

Hi everybody am seeking advice for green card. Me and husband got married in Oct 2018 and we applied for the IR1 visa. I got my visa 10th March 2020 when covid hit. So I moved to California 12th of July 2020 and received my greencard date 07/12/20 through 07/12/30 which is 10yrs. I was thinking when you apply you get 2yrs then you apply again before the 90 days anniversary. So should send the paperwork again in April or if the greencard shows 10yrs am good .My friend from same country same amount of time she got a Conditional green card whereas I got a different. So my biggest issue is since I moved here I've been going through lots of emotional abuse as my husband has drinking problem. I had to leave the house and stand on the road couple of times as am scared he might hit me.. i had to go through counseling. We are not compatible at all so we might go for a divorce. What are my rights. Am not working I go to  school and I have no savings. I can't pay a lawyer. Will i lose my green card status? 

Thank you for helping me out 

@Vani & Henry I am sorry that you are going through this. Stay strong. As others mentioned, you need to file the I-90. It should not cost you anything because it was USCIS' error. You can file it online. It is way faster. 

 

My best recommendation to you is that you start gathering evidence of bona fide marriage since the date of the marriage. Since you are thinking of divorce, then you want your petition to be solid. You have to prove that you entered the marriage in good faith. These cases are approved as others mentioned but you do need to do your due diligence and submit as much evidence of anything and everything since the date of the marriage.

 

I would start downloading statements from your joint bank account or anything that you think you may not have access to if you decide to take the divorce route. 

 

Here is a good example of a solid joint I-751 filing. Yours would be similar because you are showing that you entered the marriage in good faith. I would honestly start gathering everything before you even say that you want a divorce. 

 

All the best to you. 

 

[Vani & Henry 14]

So I find out he is cheating on me telling woman he is single and divorce. Whereas we still married 

[Vani & Henry 14]

I got screenshot of all the messages he wrote to other woman 

[carmel34 3,626]

6 hours ago, Vani & Henry said:

I got screenshot of all the messages he wrote to other woman 

Focus more on gathering evidence that your marriage was bona fide, as you will need this for the I-751 removal conditions package even with a divorce waiver.  Collect documents that show you live in the same place, joint bank account statements since the date of marriage, utility bills, lease, etc., anything that you can find.  Put these documents in a safe place and then start on the divorce process which is separate from immigration.  Find a family law attorney and get to a safe place if you feel he may hurt you.  Good luck!

[Chocobo 196]

8 hours ago, Vani & Henry said:

I got screenshot of all the messages he wrote to other woman 

The screenshot won't help with immigration matters, but it will help in divorce proceedings.  With respect to any possible divorce - document, document, document.  Save evidence you find, if he is getting violent make sure you call the police and have it documented.  (Any violence may also come into play with immigration stuff, though I defer to the gurus on here for that.)  Please stay safe and take care of yourself!  If you cannot afford an attorney, you may be able to get one to take your case for free or on a sliding scale.  Check in with the legal help desk in your county courthouse.  

 

As far as green card matters - @USC4SPOUSE and @carmel34 have given excellent advice and I second their suggestions.

 

Good luck!!

[Vani & Henry 14]

Thank you 

[African Zealot 1,455]

13 hours ago, Vani & Henry said:

So I moved to California 12th of July 2020 and received my green card date 07/12/20 through 07/12/30 which is 10yrs. So my biggest issue is since I moved here I've been going through lots of emotional abuse as my husband has drinking problem. I had to leave the house and stand on the road couple of times as am scared he might hit me.. i had to go through counseling. We are not compatible at all

Things sure went downhill fast. Get that green card corrected!

[Rocio0010 5,579]

10 hours ago, USC4SPOUSE said:

@Vani & Henry I am sorry that you are going through this. Stay strong. As others mentioned, you need to file the I-90. It should not cost you anything because it was USCIS' error. You can file it online. It is way faster. 

 

My best recommendation to you is that you start gathering evidence of bona fide marriage since the date of the marriage. Since you are thinking of divorce, then you want your petition to be solid. You have to prove that you entered the marriage in good faith. These cases are approved as others mentioned but you do need to do your due diligence and submit as much evidence of anything and everything since the date of the marriage.

 

I would start downloading statements from your joint bank account or anything that you think you may not have access to if you decide to take the divorce route. 

 

Here is a good example of a solid joint I-751 filing. Yours would be similar because you are showing that you entered the marriage in good faith. I would honestly start gathering everything before you even say that you want a divorce. 

 

All the best to you. 

 

Just a heads up that there’s nothing attached to this post.

[USC4SPOUSE 506]

30 minutes ago, ra0010 said:

Just a heads up that there’s nothing attached to this post.

Thank you @ra0010! 

@Vani & Henry This is the example I was referring to. Scroll down to the second post. 

 

[USC4SPOUSE 506]

@Vani & Henry make sure that you stay safe. I would make that your top priority. If that means moving elsewhere, then consider that. 

You can find free or low cost legal help in your state. This website is just an example of many that exist. https://www.lawhelp.org/find-help 

[Ed&Midori1031 330]

14 hours ago, Vani & Henry said:

Hi everybody am seeking advice for green card. Me and husband got married in Oct 2018 and we applied for the IR1 visa. I got my visa 10th March 2020 when covid hit. So I moved to California 12th of July 2020 and received my greencard date 07/12/20 through 07/12/30 which is 10yrs. I was thinking when you apply you get 2yrs then you apply again before the 90 days anniversary. So should send the paperwork again in April or if the greencard shows 10yrs am good .My friend from same country same amount of time she got a Conditional green card whereas I got a different. So my biggest issue is since I moved here I've been going through lots of emotional abuse as my husband has drinking problem. I had to leave the house and stand on the road couple of times as am scared he might hit me.. i had to go through counseling. We are not compatible at all so we might go for a divorce. What are my rights. Am not working I go to  school and I have no savings. I can't pay a lawyer. Will i lose my green card status? 

Thank you for helping me out 

Sorry that you're going through this.  I will admit my wife and I are on the rocks now because of the same situation.  Trying to make it through though.  Anyways, I hope everything works out for you! 

[Ontarkie 14,221]

~~Moved to Effects of Major FAmily Changes, from ROC - as similar threads are discussed here.~~