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Mumin

Sponsor threatens deportation

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So here's my brief story..

Got married a year ago. Applied for greencard and it was finally approved 3 months ago. However during the process to getting said greencard, my marriage has fallen apart. I have walked away from everything for this person and now I'm finding myself living with a lazy, unattentive, stoner and gambler version of my fiancé. I cannot handle it anymore. The fights have gotten way worse, we haven't been intimate for at least 7 months and I'm just depressed, lonely and I want it to stop. I want out of this but I'm scared, bacause I know what it looks like. "I just got a GC, now I want out... " but I swear, if I continue I will literally go insane. I feel trapped and hopeless.

I want a divorce, I want to move on, but I'm being threatened. I would love to stay in the USA, because I have seriously burnt down bridges in my home to be here. So it's safe to say that I'm terrified.

His father is the joint sponsor and he's basically going to do whatever his son tells him. Can they really get me deported if I divorce? What happens when I get divorced? Does that terminate the sponshorship? Do I need a new sponsor? Is there a way I can assure his father that I'm not going to be a burden if I get divorced?

What can I do? I feel so defeated. :(

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~~Moved to Effects of Major Family Changes on Immigration Benefits, from Waivers - As similar threads are often discussed here.~~


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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aleful is right - you can get divorced and stay here, as long as you can prove you didn't get married just for the GC. Gather your evidence, get a divorce, and move on :)


April 27, 2016: I-751 mailed

May 2: I-751 received

May ??? NOA1

May 12: Check cashed

May 31: Biometrics appointment scheduled

June 1: Biometrics appointment letter arrives!

June 2: Biometrics walk-in

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His father is the joint sponsor and he's basically going to do whatever his son tells him. Can they really get me deported if I divorce? No What happens when I get divorced? You can ROC with a divorce waiver as long as you can demonstrate that you entered the marriage in good faith. Does that terminate the sponshorship? No. Do I need a new sponsor? No. Is there a way I can assure his father that I'm not going to be a burden if I get divorced? Not definitively. Neither you nor the sponsor can void the agreement. If you wish to remain in the USA, then the quickest way to relieve the I864 is to become a US citizen. The second option would be to acquire 40 quarters of work which qualifies for Social Security, essentially 10 years of full time employment. Other than that, your best shot is giving your father-in-law your word that you won't seek means-tested public assistance and/or use the I864 in a court action seeking support from your soon-to-be ex-husband. From his perspective, your word will have to do as there's squat he can do about it anyway.

What can I do? I feel so defeated. :(Before you initiate the divorce, gather any documents you may need to demonstrate you entered the marriage in good faith for ROC purposes. Then get a good friend or two to help you with the emotional rollercoaster ride - having someone to talk to, bounce ideas off of, and just plain $itch about life when you feel the need, is important. Once you've got the emotional part of it in check, the rest is just working through a list of 'to do' items ... it's really not so bad ... get a job, get a divorce, remove conditions to your green card, build your life again.

Good Luck.

Edited by novedsac

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Even better once you are divorced you can file for removal of conditions then and there.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You don't need the divorce to be final to file for ROC. USCIS will accept either a divorce filing or a legal separation.

As others have said, you just need to prove you entered the marriage in good faith. Gather all your evidence before you leave, particularly evidence of cohabitation and combined finances.

Obviously it will be harder than if you show up smiling and in love. But it's by no means hopeless. USCIS will look at the facts. In fact, if you file with a waiver, your husband will not even have legal status to go to USCIS and testify to his version of events, although if he chooses he can write to them and they will give his information such credibility as they deem fit.

Breaking up a marriage is a serious matter, but I don't think you should let your immigration status deter you if you feel it's appropriate.

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