Considering Divorce While Waiting for Removal of Conditions... Do I look for a Divorce Attorney or an Immigration Attorney for Legal Advice?

[brazibride 43]

Hi, 

 

I've been married for 3 years to a US citizen. I adjusted status from an F-1 visa. I got my conditional green card and have since applied for removal of conditions, which I'm waiting for now. I'm eligible to apply for citizenship in February 2024 if I stay married.

I love my husband very very much, but we have some potentially irreconcilable differences that have me thinking of divorce more often than I would like to. We've gone to couple's therapy (but he has all the receipts), I've gone to therapy specifically to discuss whether to get a divorce about a year ago, and I decided to stay. A year later, I still think of divorce frequently, but I'm afraid of the implications for immigration. 

My husband has visited my home country once, and my parents have visited us here in the U.S. once. I'm close with his family and he's reasonably close with my cousin who also lives in the U.S. (we have pictures and airfare tickets to support all of this). 

Other than adding the two years for citizenship eligibility, what are my risks here? He's been known for some "petty revenge" (never against me) in the past, so I'm afraid he could do something to negatively affect my status. Does he have any recourse?

If I want legal advice, do I go to an immigration attorney or to a divorce attorney? How do I find an attorney that specializes on both things?

I'd love to get a no-fault divorce due to irreconcilable differences but he's not open to discussing divorce as a real option right now -- I've mentioned it a few times and he just shuts down. 

What do I do? There's been no violence or cheating involved (thank goodness), just good old "we're too different and we fight too much and I'm unhappy about my marriage and feel like I've tried everything else already."

 

Thanks!

Edited July 22, 2023 by brazibride

[Mike E 11,739]

4 minutes ago, brazibride said:

Other than adding the two years for citizenship eligibility, what are my risks here? 

The answer depends on how fast you can divorce and your beliefs in what the law says.

 

Within the VisaJourney community, there are

 

* those who believe the law compels you to amend I-751 to a divorce waiver once you file for divorce, and

* those who believe it is fine to not inform USCIS unless USCIS asks. Some among the latter think it is fine to get a final divorce decree and not inform

USCIS before I-751 is approved.

9 minutes ago, brazibride said:

What do I do?

File for divorce. You do not need his permission.

 

Do you have a job that pays more than $1500 / month?

[Family 3,988]

43 minutes ago, Mike E said:

54 minutes ago, brazibride said:

What do I do?

File for divorce. You do not need his permission.

Agreed. File and get him served with divorce papers. Your green card will survive no matter if it ends up a quick default ( he does not respond by choice) or a drawn out contested “ vengeful” affair.

You are not under any obligation to notify USCIS until divorce is final…or you are face to face at an interview for the N-400 . 
For more details look to @cocoVA recent post , she has covered all 50 shades of worries😂 w impressive research and questions.

 

Hire family law attorney for divorce and immigration lawyer for this if you cannot DIY..not clear what your topic question was, nut hope this helps

[carmel34 3,631]

2 hours ago, brazibride said:

I'm afraid he could do something to negatively affect my status. Does he have any recourse?

If I want legal advice, do I go to an immigration attorney or to a divorce attorney? How do I find an attorney that specializes on both things?

You can stay in the US if you want to and he can't do anything about it.  I suggest that you start first with a divorce attorney and get the process going.  If he is unpredictable and might do something crazy, consider gathering up all relevant documents from your I-751 filing and joint financial evidence since then, put some money in your own bank account, and go somewhere safe (move out) before he is served with divorce papers.  Later, hire an immigration attorney to help you with updating USCIS with the divorce decree and changing the I-751 to a waiver, or ask questions here and do it yourself.  Good luck!