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Portlandia

If i file for divorce, can my husband sabotage my status?

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Filed: K-1 Visa Country: United Kingdom
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I arrived on a fiancee visa back in 2013, we've been married nearly 4.5 years, I have my permanent green card.  Our marriage is all but over (for oh so many reasons) so I'm considering filing for divorce.

- I could have applied for US citizenship last year but haven't got around to it yet. 

- This was a legit love marriage - I've got all the evidence we used at all the various immigration checkpoints - it just didn't work out.  Neither of us are happy, but while he's okay with the status quo, I'm not.

- My husband can be volatile, impulsive, mean and petty (part of the "oh so many reasons" referenced above :-)).  If I file for divorce, is there anything he can do that would jeopardize my legal status as a permanent green card holder?  I want to be prepared!

- Given the current political climate, should I get my US citizenship before filing for divorce?  Or should I just go ahead now so that we can both move forward with our lives? 

 

Thank you in advance for your advice.

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Filed: Citizen (apr) Country: Argentina
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no, there is nothing he can do to jeopardize your residency. If you file for divorce, for citizenship you will need to have 5 years of being a green card holder

 

 

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  • 2 weeks later...
Filed: Citizen (apr) Country: Wales
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Hey so I went through a similar thing. I came here on a K1 and not long after I had applied for removal of conditions my ex wife decided she wanted to leave. It was all legitimate. 

 

The only possible way she could have sabotaged me is if she had believed I came to the US for the sole purpose of attaining a green card. However it would be incredibly difficult to prove that considering we had many many records it was not only a genuine marriage but also one we tried to rescue and had the counselling records to prove it. 

 

I highly doubt you will have a problem. 

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  • 1 month later...
Filed: K-1 Visa Country: United Kingdom
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Lovely people - thank you for your responses.  They helped.  Divorce is in process.  Now I need to decide whether I want to stay in the US, but that's a whole other question for a different day and a different forum topic! :-)

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1 hour ago, Portlandia said:

Lovely people - thank you for your responses.  They helped.  Divorce is in process.  Now I need to decide whether I want to stay in the US, but that's a whole other question for a different day and a different forum topic! :-)

Get citizenship first just in case you want to stay and/or come back. Just a suggestion. I'm sorry you're going through all this and I wish you the best. 

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10 hours ago, little immigrant said:

Get citizenship first just in case you want to stay and/or come back. Just a suggestion. I'm sorry you're going through all this and I wish you the best. 

I agree with this, you may never know if you will regret completing this phase and it affords you a lot of flexibility

 

 

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On 6/19/2018 at 11:41 PM, little immigrant said:

Get citizenship first just in case you want to stay and/or come back. Just a suggestion. I'm sorry you're going through all this and I wish you the best. 

But as note, divorce first then decide if you want citizenship.  You can apply at 5 years of being an LPR (minus 90 days.)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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