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My wife wants a divorce :(

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This website was recommended to me by a friend so hoping you will be able to offer me some good advice...

I am originally from the UK and moved to the United States in September 2013 on K1 visa after dating a US Citizen since 2008. We got married in Florida and lived together in Georgia until the end of January 2015. I then received my conditional permanent residency (2 year validity) and everything was fine. Around September 2015 we decided we would move to California in February 2015 but as we got closer to the date my wife started to become more and more distant until it got to the point where she was only coming home one night a week. I don’t know if she met someone else but by the end of January she told me that she did not want to be with me. I tried to convince her to give our marriage another shot and even suggested marriage counselling but she was not interested. I had sacrificed everything to be with her, personal savings, my career, so I decided to go ahead with the original plan of moving to California and try and make the best of a bad situation. Since moving here life has got much better and I have made some good friends, but now I have been told my wife will be filing for divorce shortly. I am naturally very worried as I don’t want to leave what now feels like home. My green card expires in around 11 month’s time

I am I right in saying there is zero chance of being deported once we my wife files for divorce? And that I should be able to stay until my conditional residency expires? Also, has anyone else had a similar experience and been able to have their conditional status successfully removed? Does anyone know the success rate for this? What are the advantages of filing for the conditions to be removed immediately after the divorce as opposed to waiting for my conditional residency expiration to approach?

Any advice or stories of similar circumstances would be greatly appreciated.

Thank you

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Once your divorce is finalized, you can use your divorce certificate to file for removal of conditions on your own. You will need proof of a good faith marriage and the certificate and you should be fine to apply for your 10 year green card independently.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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You should not need an immigration lawyer. The divorce is not an immigration matter, so it is up to you if you retain a divorce lawyer.

As long as you have proof of a good faith marriage (joint finances, joint leases, etc), there is no need for an immigration lawyer. Applying for removal of conditions with a divorce certificate is not a rare occurrence.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Your biggest problem may be leaving for CA without any documentation of joint bank accounts, joint lease, joint auto insurance, joint tax return. Also proof of sharing same address...things mailed to Mr/Mrs, photocopy of each driver license showing same address. Get what you can and if the wife will help you--great.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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I have evidence of joint bank account and joint tax return and plenty of pictures from the previous 7 years so should have no problems proving marriage was in good faith. Once the divorce is final do you think I should go ahead and file for removal of conditions straightaway or wait for the expiration of my conditional residency to get a little closer? Or does it not matter?

Thank you for your time and advice.

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Apply for it straight away with the divorce certificate.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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hey there ! before freaking out about any one the many answers that you'll see back in your topic,

please read the RoC application form, noting a tick-box stating marital status.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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I am I right in saying there is zero chance of being deported once we my wife files for divorce? And that I should be able to stay until my conditional residency expires? Also, has anyone else had a similar experience and been able to have their conditional status successfully removed? Does anyone know the success rate for this? What are the advantages of filing for the conditions to be removed immediately after the divorce as opposed to waiting for my conditional residency expiration to approach?

Any advice or stories of similar circumstances would be greatly appreciated.

Thank you


Yes. And you should be able to become a permanent resident by yourself after your conditional residency period expires. You just need to follow the guidelines set by USCIS and read this forum,

100% zero chance that you will be deported with good moral character. Meet a good girl, make a new life. Or just live alone and be happy.

Edited by bronco37

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I wouldn't assume "100%" you will be allowed to stay. Some couples that seem very together and happy get questioned.

But the test isn't whether the marriage worked out, but whether you wanted it to work out when you got married.

So be sure to document all the steps you took to cohabitate, comingle finances, and generally be a married couple.

Approval is definitely not "rare." A lot of marriages don't make it to the 2-year mark but get approved.

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I have to agree on Tuckin on this.

Listen I totally get the sentiment of the question you asked. But youre asking a really awkward question. I can answer it exactly as its written (but I know thats not the general sentiment behind it)-

I am I right in saying there is zero chance of being deported once we my wife files for divorce? YES, you do not get deported when or simply because someone files for divorce. And that I should be able to stay until my conditional residency expires? YES. You are your status is valid until the date on your card and if you file for ROC you will receive an extension notice, extending your status,. Also, has anyone else had a similar experience and been able to have their conditional status successfully removed? People ROC with a divorce waiver ALL the time. Does anyone know the success rate for this? I dont believe anyone here tracks stats for this. It may be online somewhere...?What are the advantages of filing for the conditions to be removed immediately after the divorce as opposed to waiting for my conditional residency expiration to approach? The sooner you file the sooner the application can be approved. There is no reason to wait once you have all the necessary paperwork.

Any advice or stories of similar circumstances would be greatly appreciated. This. Oh this. Everyone and I mean everyone asks this and for the stats. To be blunt, it doesnt really matter what others have done, because your case is unique to you. All you need to know is it is a legitimate process that occurs every single day. Its no different then filing jointly. All you are doing is stating I will not be filing jointly because --- and then you need to check off a box why. You check off I am divorced and then submit proof . Thats it. Its just a waiver of having the spouse sign. Everything else on the 751- meaning the burden of proof is the same. So just like any application- no one can tell you 100% yes or no that you will be approved or denied. We can only guess based on what you say you have. We are not privy to your paperwork or to your file. As its been discussed in various places in the forums its not about proving a happy marriage but a real one and real ones arent always happy. But they do include sharing of assets and time spent together. If you have proof of that you will be fine. You can search the forums- (the ROC subsection) for stories and examples of what people sent and how long it took to get approved. In this section you can find people that had had difficulties with paperwork or questions on what to submit, but please not users that never return to update or threads that are left hanging are because they had a good result or found the info elsewhere in the forums and just never came back to close out their original postings.

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