Can my future ex husband send me out?

[Someone12345 0]

Hi all,

 

I just filed for divorce from my US citizen husband. I initially believed it would be uncontested and amicable but hes making this hard and low.

Now I'm worried that he might do something to send me back to my home country. Since I moved here, my life has been the USA and I have a job here and my whole life is here now. I want to stay.

We were married for 1 year and 5 months and my conditional GC expires on July 2018.

He has a lawyer but I cant afford one.

 

Can he do anything to send me back? I loved him very much and have many proofs of good faith marriage. He's a straight up bad person though, he wants me to get screwed. I have pictures, joint lease, tax return for 2016 filed with both our names, car insurance with both names, joint bank account, joint credit card, wedding pictures, holiday cards addressed to both of us, love emails, love letters etc.

 

 

[Roel 7,191]

He can't send you back. 

[EandH0904 1,184]

I don't know the answer to this - so maybe someone else can help you here (and so I can learn for the future) - when her 2 year conditional green card expires, how does she renew it? Does she just show proof that she entered the marriage in good faith and she can renew it on her own? 

 

@Someone12345 It's possible to file a divorce on your own, but remember there are often low-cost or lawyer "clinics" (pro-bono) that can help you as well if you feel you need representation. Usually, assets and debts are split pretty much 50/50 but if he had assets before the marriage (house, cars, etc) it's possible he may try to claim them as your own. You need to decide what is important to you. When I got divorced I had a lawyer and my ex-husband did not, but he did not contest that I wanted to keep my assets (house, car) before we got married. However I co-signed one of HIS student loans and was not able to get my name off his (our) debt. If you have children you should definitely look into a lawyer to protect your rights with them.

[Going through 5,668]

It's good that you have proof of a valid marriage entered into for bonafide reasons. 

For your own security in your filing, and incase he decides to destroy documents pertaining to this, make photocopies of everything and think about a safe place to store them (and any originals you can) outside of the marital home.

 

You are able to file for the ROC without him, you will need a divorce waiver however.  From the USCIS website:

 

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

• Your deportation or removal would result in extreme hardship
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

Note: Refer to Form I-751 for more specific information on waivers

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

[Someone12345 0]

How long in advance can I submit my ROC with divorce waiver application??

We do not have any children, mortgage or car that is common asset. He financed his car before we got married, before we even met. 

 

Hes playing so low that I honestly would not be surprised if he tried to do something to send me back.

[Crazy Cat 39,218]

1 hour ago, EandH0904 said:

I don't know the answer to this - so maybe someone else can help you here (and so I can learn for the future) - when her 2 year conditional green card expires, how does she renew it? Does she just show proof that she entered the marriage in good faith and she can renew it on her own?

She should file for ROC immediately after a divorce.

[Going through 5,668]

4 hours ago, Someone12345 said:

How long in advance can I submit my ROC with divorce waiver application

You are not eligible to file for your ROC until 2 years minus 90 days after your initial green card was issued.

[Lemonslice 4,553]

45 minutes ago, Going through said:

You are not eligible to file for your ROC until 2 years minus 90 days after your initial green card was issued.

Or as soon as you're divorced.

[Eric-Pris 1,602]

On ‎9‎/‎21‎/‎2017 at 1:37 PM, Someone12345 said:

Hes playing so low that I honestly would not be surprised if he tried to do something to send me back.

He can threaten you and try anything he wants, but there's nothing he can do to force you to go back.  Don't be afraid of him or his lawyer.

 

Find a cheap or free lawyer.  Do an internet search.  It's never a good idea to go into a legal proceeding without a lawyer.