Separation/Divorce before Removal of Conditions -- Please advise

[blistex27 4]

This person I know came to America on a K1 Fiancee visa. He got his 2 year greencard approved at the end of August 2008. It is now the beginning of February and he and his wife are having serious issues - ie, she is controlling, wants to keep him locked up, complains that he doesn't make enough money for her, refuses to give him spending money, states she will not file for removal of conditions if she isn't pregnant or have a kid with him by then, etc. It seems everytime they have a big event with USCIS, she ups the stakes and insists she will not do anything if he doesn't play by her rules. Not too long ago, she told him to do it her way or the highway (she wanted a separation, and for him to "return when he has thought about what he wants", and is about to kick him out of her house), with a divorce the next year (2010). Understandably, he is very upset by all this. He desperately wants to leave her, but he is bound by this 10 year greencard (thus, bound by her demands). Additionally, he doesn't know very much English, isn't job trained where he will make alot of money, and doesn't have anywhere to go. If she decides to go through with the divorce/separation, what happens to him? What will he need to do? What evidence should he have to prove a good faith marriage? Please, any advice you give would be greatly appreciated.

[Jenn! 918]

Thread moved to 'Effects of Major Family Changes on Immigration Benefits' forum.

[diadromous mermaid 36]

He should begin to assemble evidence of the bonafide nature of his marriage in terms of shared financial lives (a.) and shared residence (b.) (such as evidence from the beginning of the marriage to now of how they combined finances, shared liabilities, commingled assets, placed each other's name as beneficiary to any insurance policiesjoint bank accounts, for (a.) and common mailing addresses, utility bills for each mailed to the same address, addresses that are the same on documentation such as dirver's licenses, auto insurance policies, mail or correspondence received at the shared address) and any other evidence that could demonstrate that the marriage is genuine and that they live together as husband and wife) and after that is assembled he has not reason to remain in the marital residence. He can self-petition to remove conditions once he has a divorcedecree in hand.

This person I know came to America on a K1 Fiancee visa. He got his 2 year greencard approved at the end of August 2008. It is now the beginning of February and he and his wife are having serious issues - ie, she is controlling, wants to keep him locked up, complains that he doesn't make enough money for her, refuses to give him spending money, states she will not file for removal of conditions if she isn't pregnant or have a kid with him by then, etc. It seems everytime they have a big event with USCIS, she ups the stakes and insists she will not do anything if he doesn't play by her rules. Not too long ago, she told him to do it her way or the highway (she wanted a separation, and for him to "return when he has thought about what he wants", and is about to kick him out of her house), with a divorce the next year (2010). Understandably, he is very upset by all this. He desperately wants to leave her, but he is bound by this 10 year greencard (thus, bound by her demands). Additionally, he doesn't know very much English, isn't job trained where he will make alot of money, and doesn't have anywhere to go. If she decides to go through with the divorce/separation, what happens to him? What will he need to do? What evidence should he have to prove a good faith marriage? Please, any advice you give would be greatly appreciated.

[blistex27 4]

He should begin to assemble evidence of the bonafide nature of his marriage in terms of shared financial lives (a.) and shared residence (b.) (such as evidence from the beginning of the marriage to now of how they combined finances, shared liabilities, commingled assets, placed each other's name as beneficiary to any insurance policiesjoint bank accounts, for (a.) and common mailing addresses, utility bills for each mailed to the same address, addresses that are the same on documentation such as dirver's licenses, auto insurance policies, mail or correspondence received at the shared address) and any other evidence that could demonstrate that the marriage is genuine and that they live together as husband and wife) and after that is assembled he has not reason to remain in the marital residence. He can self-petition to remove conditions once he has a divorcedecree in hand.

This person I know came to America on a K1 Fiancee visa. He got his 2 year greencard approved at the end of August 2008. It is now the beginning of February and he and his wife are having serious issues - ie, she is controlling, wants to keep him locked up, complains that he doesn't make enough money for her, refuses to give him spending money, states she will not file for removal of conditions if she isn't pregnant or have a kid with him by then, etc. It seems everytime they have a big event with USCIS, she ups the stakes and insists she will not do anything if he doesn't play by her rules. Not too long ago, she told him to do it her way or the highway (she wanted a separation, and for him to "return when he has thought about what he wants", and is about to kick him out of her house), with a divorce the next year (2010). Understandably, he is very upset by all this. He desperately wants to leave her, but he is bound by this 10 year greencard (thus, bound by her demands). Additionally, he doesn't know very much English, isn't job trained where he will make alot of money, and doesn't have anywhere to go. If she decides to go through with the divorce/separation, what happens to him? What will he need to do? What evidence should he have to prove a good faith marriage? Please, any advice you give would be greatly appreciated.

Thank you for your comments - How complicated is this procedure, and what are the chances that he will successfully be able to petition for the removal of conditions by himself?

[Craneman 2]

He should begin to assemble evidence of the bonafide nature of his marriage in terms of shared financial lives (a.) and shared residence (b.) (such as evidence from the beginning of the marriage to now of how they combined finances, shared liabilities, commingled assets, placed each other's name as beneficiary to any insurance policiesjoint bank accounts, for (a.) and common mailing addresses, utility bills for each mailed to the same address, addresses that are the same on documentation such as dirver's licenses, auto insurance policies, mail or correspondence received at the shared address) and any other evidence that could demonstrate that the marriage is genuine and that they live together as husband and wife) and after that is assembled he has not reason to remain in the marital residence. He can self-petition to remove conditions once he has a divorcedecree in hand.

This person I know came to America on a K1 Fiancee visa. He got his 2 year greencard approved at the end of August 2008. It is now the beginning of February and he and his wife are having serious issues - ie, she is controlling, wants to keep him locked up, complains that he doesn't make enough money for her, refuses to give him spending money, states she will not file for removal of conditions if she isn't pregnant or have a kid with him by then, etc. It seems everytime they have a big event with USCIS, she ups the stakes and insists she will not do anything if he doesn't play by her rules. Not too long ago, she told him to do it her way or the highway (she wanted a separation, and for him to "return when he has thought about what he wants", and is about to kick him out of her house), with a divorce the next year (2010). Understandably, he is very upset by all this. He desperately wants to leave her, but he is bound by this 10 year greencard (thus, bound by her demands). Additionally, he doesn't know very much English, isn't job trained where he will make alot of money, and doesn't have anywhere to go. If she decides to go through with the divorce/separation, what happens to him? What will he need to do? What evidence should he have to prove a good faith marriage? Please, any advice you give would be greatly appreciated.

Thank you for your comments - How complicated is this procedure, and what are the chances that he will successfully be able to petition for the removal of conditions by himself?

http://www.cis.org/marriagefraud

[Ngoc-Anh 1]

This person I know came to America on a K1 Fiancee visa. He got his 2 year greencard approved at the end of August 2008. It is now the beginning of February and he and his wife are having serious issues - ie, she is controlling, wants to keep him locked up, complains that he doesn't make enough money for her, refuses to give him spending money, states she will not file for removal of conditions if she isn't pregnant or have a kid with him by then, etc. It seems everytime they have a big event with USCIS, she ups the stakes and insists she will not do anything if he doesn't play by her rules. Not too long ago, she told him to do it her way or the highway (she wanted a separation, and for him to "return when he has thought about what he wants", and is about to kick him out of her house), with a divorce the next year (2010). Understandably, he is very upset by all this. He desperately wants to leave her, but he is bound by this 10 year greencard (thus, bound by her demands). Additionally, he doesn't know very much English, isn't job trained where he will make alot of money, and doesn't have anywhere to go. If she decides to go through with the divorce/separation, what happens to him? What will he need to do? What evidence should he have to prove a good faith marriage? Please, any advice you give would be greatly appreciated.

He is not bound to her at all. If he decides to be unhappy in order to get the 10yr GC, then it is his choice.

He can get a divorce and still get the 10yr GC. Therefore he has to file for removing of condition with waiver.

He has to proof that the marriage was not fake...which he should be able to.

I hope he is not suffering and stay with her because he think that this is his only option!

Good luck to him!!!!

[diadromous mermaid 36]

It's no more complicated than if he were to jointly petition to remove those conditions with his USC spouse. As for the chances? It all depends on how strong the evidence he has that the marriage is bonfide is.

He should begin to assemble evidence of the bonafide nature of his marriage in terms of shared financial lives (a.) and shared residence (b.) (such as evidence from the beginning of the marriage to now of how they combined finances, shared liabilities, commingled assets, placed each other's name as beneficiary to any insurance policiesjoint bank accounts, for (a.) and common mailing addresses, utility bills for each mailed to the same address, addresses that are the same on documentation such as dirver's licenses, auto insurance policies, mail or correspondence received at the shared address) and any other evidence that could demonstrate that the marriage is genuine and that they live together as husband and wife) and after that is assembled he has not reason to remain in the marital residence. He can self-petition to remove conditions once he has a divorcedecree in hand.

This person I know came to America on a K1 Fiancee visa. He got his 2 year greencard approved at the end of August 2008. It is now the beginning of February and he and his wife are having serious issues - ie, she is controlling, wants to keep him locked up, complains that he doesn't make enough money for her, refuses to give him spending money, states she will not file for removal of conditions if she isn't pregnant or have a kid with him by then, etc. It seems everytime they have a big event with USCIS, she ups the stakes and insists she will not do anything if he doesn't play by her rules. Not too long ago, she told him to do it her way or the highway (she wanted a separation, and for him to "return when he has thought about what he wants", and is about to kick him out of her house), with a divorce the next year (2010). Understandably, he is very upset by all this. He desperately wants to leave her, but he is bound by this 10 year greencard (thus, bound by her demands). Additionally, he doesn't know very much English, isn't job trained where he will make alot of money, and doesn't have anywhere to go. If she decides to go through with the divorce/separation, what happens to him? What will he need to do? What evidence should he have to prove a good faith marriage? Please, any advice you give would be greatly appreciated.

Thank you for your comments - How complicated is this procedure, and what are the chances that he will successfully be able to petition for the removal of conditions by himself?

[LaL 418]

He should begin to assemble evidence of the bonafide nature of his marriage in terms of shared financial lives (a.) and shared residence (b.) (such as evidence from the beginning of the marriage to now of how they combined finances, shared liabilities, commingled assets, placed each other's name as beneficiary to any insurance policiesjoint bank accounts, for (a.) and common mailing addresses, utility bills for each mailed to the same address, addresses that are the same on documentation such as dirver's licenses, auto insurance policies, mail or correspondence received at the shared address) and any other evidence that could demonstrate that the marriage is genuine and that they live together as husband and wife) and after that is assembled he has not reason to remain in the marital residence. He can self-petition to remove conditions once he has a divorcedecree in hand.

This person I know came to America on a K1 Fiancee visa. He got his 2 year greencard approved at the end of August 2008. It is now the beginning of February and he and his wife are having serious issues - ie, she is controlling, wants to keep him locked up, complains that he doesn't make enough money for her, refuses to give him spending money, states she will not file for removal of conditions if she isn't pregnant or have a kid with him by then, etc. It seems everytime they have a big event with USCIS, she ups the stakes and insists she will not do anything if he doesn't play by her rules. Not too long ago, she told him to do it her way or the highway (she wanted a separation, and for him to "return when he has thought about what he wants", and is about to kick him out of her house), with a divorce the next year (2010). Understandably, he is very upset by all this. He desperately wants to leave her, but he is bound by this 10 year greencard (thus, bound by her demands). Additionally, he doesn't know very much English, isn't job trained where he will make alot of money, and doesn't have anywhere to go. If she decides to go through with the divorce/separation, what happens to him? What will he need to do? What evidence should he have to prove a good faith marriage? Please, any advice you give would be greatly appreciated.

Thank you for your comments - How complicated is this procedure, and what are the chances that he will successfully be able to petition for the removal of conditions by himself?

<insert dumbass link here>

How freaking helpful!

[sereia 0]

What if the person has very little documentation out of what was listed above? Maybe one out of 10 things needed? Is there hope then?

[Tom_Jim 40]

I'm going through the same thing. We've been married since 2006, got my conditional card in May, and we separated in Dec. I'm the beneficiary and she is the USC. I did *not see this coming, and I am going through a very tough time now; we are as bona fide as can be, and she just gave up on us. She said she wasn't happy. She also wrote an affidavit attesting that we are bona fide; we have so much evidence.

Also, it was SHE that wanted to divorce; not me. I was in utter shock. And I'm going through massive grief therapy. I'm freakin' falling apart here.

Also, mermaid, do you recommend I get a laawyer to help me? I'm still on conditional greencard.

[diadromous mermaid 36]

The waiver process is not at all unlike the process for alien's that are still married to USCs. The form is the same, the evidentiary requirements the same, in fact, once the alien is divorced no further evidence can be accrued to demonstrate the "bonafides" so chances are an alien filling out a waiver will only provide evidence from the date of marriage to the date the divorce was final.

If a alien doesn't have much evidence then the process can become complicated. One element of evidence is Affidavits from friends and family members that attest to the genuine nature of the former marrage, which can help.

I'm going through the same thing. We've been married since 2006, got my conditional card in May, and we separated in Dec. I'm the beneficiary and she is the USC. I did *not see this coming, and I am going through a very tough time now; we are as bona fide as can be, and she just gave up on us. She said she wasn't happy. She also wrote an affidavit attesting that we are bona fide; we have so much evidence.

Also, it was SHE that wanted to divorce; not me. I was in utter shock. And I'm going through massive grief therapy. I'm freakin' falling apart here.

Also, mermaid, do you recommend I get a laawyer to help me? I'm still on conditional greencard.

[Tom_Jim 40]

Thanks Mermaid for your help. Always very helpful.

[blistex27 4]

The waiver process is not at all unlike the process for alien's that are still married to USCs. The form is the same, the evidentiary requirements the same, in fact, once the alien is divorced no further evidence can be accrued to demonstrate the "bonafides" so chances are an alien filling out a waiver will only provide evidence from the date of marriage to the date the divorce was final.

If a alien doesn't have much evidence then the process can become complicated. One element of evidence is Affidavits from friends and family members that attest to the genuine nature of the former marrage, which can help.

I'm going through the same thing. We've been married since 2006, got my conditional card in May, and we separated in Dec. I'm the beneficiary and she is the USC. I did *not see this coming, and I am going through a very tough time now; we are as bona fide as can be, and she just gave up on us. She said she wasn't happy. She also wrote an affidavit attesting that we are bona fide; we have so much evidence.

Also, it was SHE that wanted to divorce; not me. I was in utter shock. And I'm going through massive grief therapy. I'm freakin' falling apart here.

Also, mermaid, do you recommend I get a laawyer to help me? I'm still on conditional greencard.

HOw much evidence is too little evidence? And how much evidence is enough? I know the more you have the easier it is to prove your case, but just so we have a rough ballpark.

[diadromous mermaid 36]

Impossible question to answer, but, if you will....use this exercise.

Line up all the evidence you have on the table. Chronologically. Now sit back and determine from considering each piece of evidence from the date of your marriage until the most recent piece of evidence you have what kind of picture it would paint of your relationship with your spouse.

Does the picture appear to show, clearly, that you and your USC spouse lived together during that entire time?

Does the picture appear to show, clearly, that you and your USC spouse jointly shared in the financial obligations of the marriage?

Does the picture appear to show, clearly, that you and your USC spouse jointly shared in the proceeds of the marriage (in terms of income and assets) during that entire time?

Does the picture appear to show, clearly, that you and your USC spouse were willing to provide for the other in the event that either of you were to die at any point in time?

The waiver process is not at all unlike the process for alien's that are still married to USCs. The form is the same, the evidentiary requirements the same, in fact, once the alien is divorced no further evidence can be accrued to demonstrate the "bonafides" so chances are an alien filling out a waiver will only provide evidence from the date of marriage to the date the divorce was final.

If a alien doesn't have much evidence then the process can become complicated. One element of evidence is Affidavits from friends and family members that attest to the genuine nature of the former marrage, which can help.

I'm going through the same thing. We've been married since 2006, got my conditional card in May, and we separated in Dec. I'm the beneficiary and she is the USC. I did *not see this coming, and I am going through a very tough time now; we are as bona fide as can be, and she just gave up on us. She said she wasn't happy. She also wrote an affidavit attesting that we are bona fide; we have so much evidence.

Also, it was SHE that wanted to divorce; not me. I was in utter shock. And I'm going through massive grief therapy. I'm freakin' falling apart here.

Also, mermaid, do you recommend I get a laawyer to help me? I'm still on conditional greencard.

HOw much evidence is too little evidence? And how much evidence is enough? I know the more you have the easier it is to prove your case, but just so we have a rough ballpark.

[blistex27 4]

Impossible question to answer, but, if you will....use this exercise.

Line up all the evidence you have on the table. Chronologically. Now sit back and determine from considering each piece of evidence from the date of your marriage until the most recent piece of evidence you have what kind of picture it would paint of your relationship with your spouse.

Does the picture appear to show, clearly, that you and your USC spouse lived together during that entire time?

Does the picture appear to show, clearly, that you and your USC spouse jointly shared in the financial obligations of the marriage?

Does the picture appear to show, clearly, that you and your USC spouse jointly shared in the proceeds of the marriage (in terms of income and assets) during that entire time?

Does the picture appear to show, clearly, that you and your USC spouse were willing to provide for the other in the event that either of you were to die at any point in time?

The waiver process is not at all unlike the process for alien's that are still married to USCs. The form is the same, the evidentiary requirements the same, in fact, once the alien is divorced no further evidence can be accrued to demonstrate the "bonafides" so chances are an alien filling out a waiver will only provide evidence from the date of marriage to the date the divorce was final.

If a alien doesn't have much evidence then the process can become complicated. One element of evidence is Affidavits from friends and family members that attest to the genuine nature of the former marrage, which can help.

I'm going through the same thing. We've been married since 2006, got my conditional card in May, and we separated in Dec. I'm the beneficiary and she is the USC. I did *not see this coming, and I am going through a very tough time now; we are as bona fide as can be, and she just gave up on us. She said she wasn't happy. She also wrote an affidavit attesting that we are bona fide; we have so much evidence.

Also, it was SHE that wanted to divorce; not me. I was in utter shock. And I'm going through massive grief therapy. I'm freakin' falling apart here.

Also, mermaid, do you recommend I get a laawyer to help me? I'm still on conditional greencard.

HOw much evidence is too little evidence? And how much evidence is enough? I know the more you have the easier it is to prove your case, but just so we have a rough ballpark.

Oi! A very useful exercise indeed - but what would you think if you were simply presented with evidence of joint banking accounts (2) accounts over the span of that time, health insurance, car insurance, jointly filed taxes, letters they had written in the past, photos of their courtship, and a Title to a Car? I believe that is all he has, since she bought the house before they were married and refuses to add his name to the title; the utilties again are all in her name, and I guess there's no point to putting his name on them; and I'm positive she's too cheap to purchase life insurance. If that evidence were to fly, I would think the USCIS would have to know the story, right? Or is that enough? You seem so knowledgeable about this area!