HOMOSEXUALITY GREEN CARD DIVORCE

[Sam90 0]

Hello,

Well, my marriage to a U.S. citizen was a bona fide. The reason of my divorce was because of my sexual orientation. I'm a bisexual. Before my marriage every thing was perfect between us but after marriage progressively I discovered that I'm more gay and can't be like any straight to continue my life with her. It was difficult for me, it couldn't be obvious till after marriage. Now, I'm still in my country: I came back after divorce bc I was depressed. I've been in my country for 2 months. I want to go back to the U.S. and remove the conditions. I'm now satisfied that I'm gay and consider my marriage as a bad experience for me. But it's not the end of the world! Is it ok to explain the reason of my divorce to the immigration? That's exactly what happened. But I'm afraid that they would be homophobic and wouldn't feel what I was going through. My marriage was a bona fide but after...

Thanks for any opinion!

[Pitaya 2,577]

~~Moved from K-1 Progress to Family Changes Effects on Immigration Benefits Forum~~

~Not K-1 related~

Edited July 30, 2013 by A&B

[newlyweds2010 208]

I don't think they will be homophobic. This said, though, I believe you will have a hard time trying to convince immigration that you entered into a bona fide marriage. Good luck.

[kzielu 1,149]

They are likely to see it as a way to get green card, as it looks you magically discovered you're gay after getting green card. Nothing to do with homophobia.

[JohnR! 5,495]

Hello,

Well, my marriage to a U.S. citizen was a bona fide. The reason of my divorce was because of my sexual orientation. I'm a bisexual. Before my marriage every thing was perfect between us but after marriage progressively I discovered that I'm more gay and can't be like any straight to continue my life with her. It was difficult for me, it couldn't be obvious till after marriage. Now, I'm still in my country: I came back after divorce bc I was depressed. I've been in my country for 2 months. I want to go back to the U.S. and remove the conditions. I'm now satisfied that I'm gay and consider my marriage as a bad experience for me. But it's not the end of the world! Is it ok to explain the reason of my divorce to the immigration? That's exactly what happened. But I'm afraid that they would be homophobic and wouldn't feel what I was going through. My marriage was a bona fide but after...

Thanks for any opinion!

You can do ROC so long as you can prove your marriage was bona fide. I think the USCIS may be suspicious of your real motives, however, the only persons that know what really happened are you and your ex-wife. If you want to pre-empt any possible set back from immigration it might behoove you to disclose the real reasons for your marriage, as well as those for your divorce and it will certainly help you if you have your ex-wife sign an affidavit to the effect that she knew of your sexual orientation as she entered marriage with your and that she has no reason to believe you married her for the purposes of obtaining a green card.

IMHO when dealing with USCIS the best option is always to be honest and cognizant of the world in which they operate. In your case, put the facts in front of them, as well as the evidence to support your claim. Nobody can guarantee you any particular outcome, but in the worst case scenario, you will have conducted yourself in a manner appropriate with the law. Who is to say you may not find love again and be on the business end of a K-1 visa at some point in the future?

Good luck!

Edited July 30, 2013 by Gegel

[Sam90 0]

I won't ask her for anything. BC it's over between us.

!!

[NikLR 13,227]

You may need to contact her to obtain items to prove you had a genuine marriage until your divorce. If you don't, that's up to you. But without evidence of a genuine bona fide marriage, the chances of ROC on your own is slim. Visit the ROC forum to see what is normally asked for.

[Cathi 5,755]

I won't ask her for anything. BC it's over between us.

!!

In Jordan homophobia and hate crimes against gays are rampant. Jordan is an Islamic country, and it is illegal to be gay. It sounds to me(my opinion and I'm not homophobic) that you want to come back to the US because you know it isn't safe in Jordan for an openly gay person. Don't be surprised if the USCIS sees it this way as well.

You should always be 100% honest with USCIS. You would take a huge risk of being denied removal of conditions, risk deportation and a lifetime ban for misrepresentation if you don't tell the truth. This is America, they cannot deny you based on your sexual orientation, they have to follow the law.

[Sam90 0]

In Jordan homophobia and hate crimes against gays are rampant. Jordan is an Islamic country, and it is illegal to be gay. It sounds to me(my opinion and I'm not homophobic) that you want to come back to the US because you know it isn't safe in Jordan for an openly gay person. Don't be surprised if the USCIS sees it this way as well.

You should always be 100% honest with USCIS. You would take a huge risk of being denied removal of conditions, risk deportation and a lifetime ban for misrepresentation if you don't tell the truth. This is America, they cannot deny you based on your sexual orientation, they have to follow the law.

Yes that's why I want to come back.

I didn't stay with her for long time anyway. We don't have any thing prooving the marriage as a lease or something like that.

All I have still some wedding pics, the same address of her on my state ID, and the tax papers that shows our names together.

That's all! I will be completely honest with them. That's the reason of our divorce. I don't know maybe I would need her to give me

a copy of the tax paper showing our names together.

Is it a big deal if there's not a lot of evidence?!

[Penguin_ie 5,993]

Yes, not having a lot of evidence is a big deal, because genuine couple normally have such evidence, such as a joint bank account, joint lease, bills, being named as next-of-kin at work and insurance etc.

How long did you live together?

Do you have any photos other than the wedding (honey moon, birthdays etc)? Any joint bills, or at least separate bills with the same address?

Since you are named on the tax filings, you should be able to get a copy directly from the IRS, call them and request a tax return transcript

[Sam90 0]

Yes, not having a lot of evidence is a big deal, because genuine couple normally have such evidence, such as a joint bank account, joint lease, bills, being named as next-of-kin at work and insurance etc.

How long did you live together?

Do you have any photos other than the wedding (honey moon, birthdays etc)? Any joint bills, or at least separate bills with the same address?

Since you are named on the tax filings, you should be able to get a copy directly from the IRS, call them and request a tax return transcript

So all the evidence I have is:

Marriage licence, wedding pics, tax return, our address on my ID, emails between us while I was waiting for the visa for many months before I went to the U.S., there were an account in the bank for both of us but she asked them to cancel it and return it like before our marriage just for her: do you think I can get a letter from the bank stating that it's true that we had a commun account for us?

She already has a car and a lease so there was no need to put my name on them. We lived almost 5 months together.

[Penguin_ie 5,993]

I would think you can get bank records for the time you were listed on the account.

You may need to think of other things... do you and her have Facebook accounts or twitter etc? Can you go back and take screenshots of them where you talk about eachother during the marriage (talking about stuff you did together, romantic declarations of love etc)? Can you ask friends and neighbours for affadavits that they saw you together and you acted like a normal, bonafide couple? Similar, ask friends if they have any photos of you together from parties you went to etc...

[LoveExile 27]

Hello,

Well, my marriage to a U.S. citizen was a bona fide. The reason of my divorce was because of my sexual orientation. I'm a bisexual. Before my marriage every thing was perfect between us but after marriage progressively I discovered that I'm more gay and can't be like any straight to continue my life with her. It was difficult for me, it couldn't be obvious till after marriage. Now, I'm still in my country: I came back after divorce bc I was depressed. I've been in my country for 2 months. I want to go back to the U.S. and remove the conditions. I'm now satisfied that I'm gay and consider my marriage as a bad experience for me. But it's not the end of the world! Is it ok to explain the reason of my divorce to the immigration? That's exactly what happened. But I'm afraid that they would be homophobic and wouldn't feel what I was going through. My marriage was a bona fide but after...

Thanks for any opinion!

I'm not sure of any way out of your situation, but I am certainly praying for you. I have many Muslim and Arab colleagues and friends who are kind and accepting of the fact that I am gay, but they live in Holland.

Societal pressures from living in religiously conservative countries (or U.S. states, even) can influence people who would otherwise be tolerant to behave horribly toward LGBT people.

I really hope you stay safe and find a way to adjust to your identity. Please don't ever be anyone but yourself. God made you, and God doesn't make mistakes.

[Eric-Pris 1,606]

Hello,

Well, my marriage to a U.S. citizen was a bona fide.

The reason of my divorce was because of my sexual orientation. I'm a bisexual. Before my marriage every thing was perfect between us but after marriage progressively I discovered that I'm more gay and can't be like any straight to continue my life with her. It was difficult for me, it couldn't be obvious till after marriage. Now, I'm still in my country: I came back after divorce bc I was depressed. I've been in my country for 2 months. I want to go back to the U.S. and remove the conditions. I'm now satisfied that I'm gay and consider my marriage as a bad experience for me. But it's not the end of the world! Is it ok to explain the reason of my divorce to the immigration? That's exactly what happened. But I'm afraid that they would be homophobic and wouldn't feel what I was going through. My marriage was a bona fide but after...

Thanks for any opinion!

Just because you say that your marriage was bona fide doesn't make it so. USCIS will decide that.

Look at the facts. You're gay, but pretended to be straight for the purpose of obtaining a green card. Did your wife know you were gay, or "bisexual" as you put it? I know several people who are bi and they would not refer to themselves as "gay". There's a clear distinction between the two in that community.

And it's interesting that you realized you were more gay than straight AFTER you moved to the US.

In my opinion, this is a losing battle for you. I seriously doubt that CIS will accept your story. Looking at the facts and the timeline, it looks like a straight-forward fraud just to get to the US. One thing I would advise is to be honest and don't lie to immigration. If you're honest, the worst thata can happen is your ROC will be denied. If you lie, you can be banned for life.

[Sandra G. 5,048]

sam90 without lots of evidence of bonafide marriage your case will be denied.