Entered on K1, divorcing after 1 year... ROC questions

[heff 0]

I've floated around on this site throughout my whole journey and found the topics discussed very useful. Now I have a problem and figured it was time to ask you guys for advice.

I came to the US from the UK over a year ago, after much stress and confusion I got a K1 visa. We married just a few weeks after I arrived, everything went smoothly with our interview etc and I got my 2 year green card, all was well in my world. Then the relationship started to go bad. We just recently had our 1st wedding anniversary and we're not going to make it to our 2nd. We don't hate each other or anything, but things are just not working out mostly due to his drinking and financial irresponsibility. Long story short.... I need to know what to do re removal of confitions if we are divorced?

I went through such upheaval giving up my life in the UK and starting a new one here that I really don't think I have the strength to do it all again in reverse, I'm settled here, have a great network of friends and really want to stay. But will I be allowed to if I divorce from my husband before conditions are removed?

Any advice would be greatly appreciated. Thank you in advance.

Edited June 2, 2008 by heff

[motu 5]

You are perfectly OK. Many people have done this - search the forum for their stories. You will need to wait for your divorce decree then you can file to remove conditions on your own. You will still need to prove 'good faith' marriage by providing the usual evidence. Good Luck

[YuAndDan 153]

If you have 2 year green-card you have adjusted status. You are now looking at removal of conditions, different forum. http://www.visajourney.com/forums/index.php?showforum=86

Anyway, you can file to remove conditions by your self only if the divorce is final.

Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.

http://www.murthy.com/news/n_remcon.html

[heff 0]

You will still need to prove 'good faith' marriage by providing the usual evidence.

Usual evidence might be another sticking point..... we have the utilities bills in joint names, this years tax return (married filing jointly) and photos .... but that's about it. His ex is still named on their mortgage as he couldn't afford to buy her out. He has APPAULING credit so as I was trying to build my credit score we tried to avoid being linked on credit. We have a joint checking account (rarely used) but no insurance (life or health) as we couldn't afford it. I'm really freaking out that I will struggle to prove "good faith".

[Cécy 44]

You will still need to prove 'good faith' marriage by providing the usual evidence.

Usual evidence might be another sticking point..... we have the utilities bills in joint names, this years tax return (married filing jointly) and photos .... but that's about it. His ex is still named on their mortgage as he couldn't afford to buy her out. He has APPAULING credit so as I was trying to build my credit score we tried to avoid being linked on credit. We have a joint checking account (rarely used) but no insurance (life or health) as we couldn't afford it. I'm really freaking out that I will struggle to prove "good faith".

You can also have family and friends write letters about you and your relationship, what they observed and thought about it.

If you received mail, cards from both sides of the families addressed to the two of you to congratulate you on your wedding, etc, those can be extra things to bring and show that your relationship was real.

[Dias Melhores 0]

I've floated around on this site throughout my whole journey and found the topics discussed very useful. Now I have a problem and figured it was time to ask you guys for advice.

I came to the US from the UK over a year ago, after much stress and confusion I got a K1 visa. We married just a few weeks after I arrived, everything went smoothly with our interview etc and I got my 2 year green card, all was well in my world. Then the relationship started to go bad. We just recently had our 1st wedding anniversary and we're not going to make it to our 2nd. We don't hate each other or anything, but things are just not working out mostly due to his drinking and financial irresponsibility. Long story short.... I need to know what to do re removal of confitions if we are divorced?

I went through such upheaval giving up my life in the UK and starting a new one here that I really don't think I have the strength to do it all again in reverse, I'm settled here, have a great network of friends and really want to stay. But will I be allowed to if I divorce from my husband before conditions are removed?

Any advice would be greatly appreciated. Thank you in advance.

I have no advice, but I want to wish you the best of luck. Hopefully, your split will be amicable and there will not be anymore stress added to an already stressful situation. I hope you ex learns to deal with his drinking problems as it can become a living nightmare for everyone involved (family, friends), if it is not kept under control.

Take Care.

[Heliosphan 1]

That's my biggest fear, not just a failing marriage but one that falls apart because of an addiction or external influences. Best of luck and I hope you can have an amicable split.

[motu 5]

Don't worry about the evidence you don't have - you can not provide what you don't have. Submit what you have and you can try and explain why you don't have some of the evidence if asked for - for example my wife's name is not on my home deed (its fully paid for) but its for a reason different than inability to put her name on it; so I never provided anything relating to lease/mortgage/deed and have not had a problem ever. (My home is jointly owed by me and my sister - and vise versa on her home - this is to be able to convey title in case one of us dies without getting the probate court etc. involved in it.) Good Luck