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.

[Kathryn41 3,205]

Yes, if you divorce, then you can file to remove conditions on your green card when the divorce is final - you don't need to wait until your 2nd anniversary of your green card. You would check off in part 2 of the I-751 form a 'waiver' from the joint filing condition because the marriage ended in divorce. You need to be divorced before you can file with this waiver, however. What you need to do is get together all of the evidence you can to prove that you entered the marriage for the right reasons and not for immigration purposes. USCIS does understand that legitimate marriages fail but you will still need to convince them that the marriage was legitimate. Alcohol abuse and financial mismanagement are catastrophes to any marriage so do your best to document why the marriage broke apart as well. It is best to start collecting your evidence now while you are still together and have access to everything. Good luck.

You may find it useful to download and read over the I-751 form and instructions to get a better idea of what you need to do.

[YuAndDan 153]

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]

Yes, if you divorce, then you can file to remove conditions on your green card when the divorce is final - you don't need to wait until your 2nd anniversary of your green card. You would check off in part 2 of the I-751 form a 'waiver' from the joint filing condition because the marriage ended in divorce. You need to be divorced before you can file with this waiver, however. What you need to do is get together all of the evidence you can to prove that you entered the marriage for the right reasons and not for immigration purposes. USCIS does understand that legitimate marriages fail but you will still need to convince them that the marriage was legitimate. Alcohol abuse and financial mismanagement are catastrophes to any marriage so do your best to document why the marriage broke apart as well. It is best to start collecting your evidence now while you are still together and have access to everything. Good luck.

You may find it useful to download and read over the I-751 form and instructions to get a better idea of what you need to do.

I have some evidence that it was a good faith marriage ..... 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".

[eau_xplain 2]

If you're unsure, when you file perhaps you can have a two or three good friends prepare an affidavit attesting to the validity of your marriage? Those will help if you feel that your financial evidence is thin.

[Kathryn41 3,205]

Yes, and try to document the financial problems he has and the drinking problems - showing legitimate reasons for the marriage to falter. Collect junk mail sent to you at the same address. Get copies of Driver's Licenses or ID cards showing the same address; letters or correspondence sent to you; phone bills showing calls from your joint phone home to your family, etc.; affidavits from a neighbour verifying you lived at the same address as a married couple, affidavit from friends; what about his family? do you get along with any members of his family who might be willing to write a letter on your behalf? Think creatively and you may surprise yourself what you will find. Good luck.