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Posted

I have been married for over one year but my marriage didn't go well because of my wife irresponsibility and disrespect. While I was working day and night she was cheating on me and the result - child that is not mine the biggest shock for me 10 months after we got married. We did DNA and the kid is not mine. I left her 5 months ago we didn't file our taxes together this year because we both didn't want. We did it last year and that's it. I am so stressed my green card expires in april 2010 and I want to divorce before it is time to file I751 it is not my fault I didn't wanna file my taxes with her cause anyway we don't live together anymore. I wanna show that this child is the reason for my divorce -the full truth and even if I had filed jointly with her it will look fake after our separation caused by this child. I have never seen a divorce decree and I don't know if it's gonna say who has the fault for that divorce. She is 100% guilty. I want to prove that I had no fault for the dissolution of this marriage before USCIS and the biggest evidence is this child. :angry: Got a beautiful but stupid wife....

Posted
I have been married for over one year but my marriage didn't go well because of my wife irresponsibility and disrespect. While I was working day and night she was cheating on me and the result - child that is not mine the biggest shock for me 10 months after we got married. We did DNA and the kid is not mine. I left her 5 months ago we didn't file our taxes together this year because we both didn't want. We did it last year and that's it. I am so stressed my green card expires in april 2010 and I want to divorce before it is time to file I751 it is not my fault I didn't wanna file my taxes with her cause anyway we don't live together anymore. I wanna show that this child is the reason for my divorce -the full truth and even if I had filed jointly with her it will look fake after our separation caused by this child. I have never seen a divorce decree and I don't know if it's gonna say who has the fault for that divorce. She is 100% guilty. I want to prove that I had no fault for the dissolution of this marriage before USCIS and the biggest evidence is this child. :angry: Got a beautiful but stupid wife....

The most important thing to remove conditions is to show you married with good faith. Why you divorced isn't that big of a issue.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Posted
I have been married for over one year but my marriage didn't go well because of my wife irresponsibility and disrespect. While I was working day and night she was cheating on me and the result - child that is not mine the biggest shock for me 10 months after we got married. We did DNA and the kid is not mine. I left her 5 months ago we didn't file our taxes together this year because we both didn't want. We did it last year and that's it. I am so stressed my green card expires in april 2010 and I want to divorce before it is time to file I751 it is not my fault I didn't wanna file my taxes with her cause anyway we don't live together anymore. I wanna show that this child is the reason for my divorce -the full truth and even if I had filed jointly with her it will look fake after our separation caused by this child. I have never seen a divorce decree and I don't know if it's gonna say who has the fault for that divorce. She is 100% guilty. I want to prove that I had no fault for the dissolution of this marriage before USCIS and the biggest evidence is this child. :angry: Got a beautiful but stupid wife....

The most important thing to remove conditions is to show you married with good faith. Why you divorced isn't that big of a issue.

I'm sorry to hear that your marriage didn't work out. I agree with Haole, as long as you can show that you've entered the marraige with good faith, you shouldn't have any problems. I think that if you can also show them why you're divorced would help a little bit, won't be much though. FYI, if your divorce is officially done before your 90 days window open, you do not need to wait for that, you can file right away. Wish you a smooth journey! :star:

N-400

5/29/2010 - USPS Express Mail Out N-400

6/2/2010 - Priority date

6/9/2010 - Check cashed

6/11/2010 - NOA in my mail box

6/17/2010 - Able to see case status "Initial Review"

6/18/2010 - LUD

7/2/2010 - Called mis-information line to put in a service request for STILL HAVEN'T RECEIVED "FP NOTICE"

7/8/2010 - LUD, at 2:32am, received text msg and e-mail for req. for add'l evidence being mailed out on July 6th, believe it's for the FP

7/12/2010 - Received FP notice in mail, scheduled for 8/2/2010

7/15/2010 - Walk in FP

7/22/2010 - Online status changed to "Case sent to local office for interview schedule"

7/27/2010 - Received interview letter for 8/23/2010

8/23/2010 - Passed interview, was informed that next oath date is 9/22/2010 and oath letter will come in the mail

9/3/2010 - Received oath letter in the mail for 9/22/2010

Disclaimer: All comments, advice and information are given out by my kind intention, please use them at your own risk and do not hold me liable or responsible for any inaccuracy.

Filed: Timeline
Posted (edited)

It depends on your county/state where you are going to divorce.

Divorce rules varies from state to state, some required a separation period, etc.

Most of the time there is a list of "grounds for divorce" like infidelity, irreconcilable diff, etc. and you must select one or the one that will apply to you. If you want to use the ground of cheating or infidelity in the marriage, then you will have to demostrate so, (you have that she had a child from another person after marriage)but a divorce lawyer would guide you best. Your wife does not need to agree with your desire of divorce even if she had a child that is not yours. In that case, the divorce go through court process.

In my case, in Georgia in the county that I filed we have to agreed on the "financial agreement" if not, I would have to go through a lenght process in court that most of the time sent the couple to dispute their arguments or use arbitration. Fortunately, after so much fight and back and forths he agreed (I conceded a lot just for the sake to be free and done with it) and he signed the papers. I only had to go to court to filed it and in 31 days I got my audience in front of a judge and I had my divorce decree.

Divorce papers include several things and depends on the state. Can be from the declaration of divorce, knowledge of divorce (the defendant have to knowledge that you want a divorce - that can take more if you have to send it to the person by the sheriff and all that), financial or divorce agreement, custody issues if you both have children, etc etc. You can get a consultation from a divorce lawyer about the process in your area and then you can continue or start doing some research about the divorce law in your state.

A divorce decree is the paper that the judge signed and give to you on the date of your audience, that the State grants you the divorce, in the case of name change it should/could included in it. Normally states that the this person is granted the divorce from this person, and that both parties agreed of this and that...etc etc. signed by the judge and the court clerk, seal and stamp from the court.

Hope things go well with you.

Cherr

Edited by cherr1980
Filed: Citizen (apr) Country: Morocco
Timeline
Posted
I have been married for over one year but my marriage didn't go well because of my wife irresponsibility and disrespect. While I was working day and night she was cheating on me and the result - child that is not mine the biggest shock for me 10 months after we got married. We did DNA and the kid is not mine. I left her 5 months ago we didn't file our taxes together this year because we both didn't want. We did it last year and that's it. I am so stressed my green card expires in april 2010 and I want to divorce before it is time to file I751 it is not my fault I didn't wanna file my taxes with her cause anyway we don't live together anymore. I wanna show that this child is the reason for my divorce -the full truth and even if I had filed jointly with her it will look fake after our separation caused by this child. I have never seen a divorce decree and I don't know if it's gonna say who has the fault for that divorce. She is 100% guilty. I want to prove that I had no fault for the dissolution of this marriage before USCIS and the biggest evidence is this child. :angry: Got a beautiful but stupid wife....

Do you have a copy of the DNA report that shows the child is not yours? I would think that could help prove that you didn't leave the marriage without cause, which (at least in my mind) would make it more believable that you "entered into the marriage in good faith". Either way, I can't imagine having that document would hurt your case.

venusfire

met online May 2006

visited him in Morocco July 2006

K-1 petition sent late September 2006 after second visit

December 2006 - third trip - went for his visa interview (stood outside all day)

visa approved! arrived here together right before Christmas 2006

married January 2007

AOS paperwork sent February 2007

RFE (yipee)

another RFE (yikes)

AOS approval July 2007

sent Removal of Conditions paperwork 01 May 2009

received I-751 NOA 14 May 2009

received ASC appt. notice 28 May 2009

biometrics appt. 12 June 2009

I-751 approval date 25 Sept 2009 (no updates on the system - still says 'received'/"initial review")

19 Oct 2009 - got text message "card production ordered"

24 Oct 2009 - actual card in the mail box!

sent his N-400 - 14 May 2010

check cashed 27 May 2010

NOA received 29 May 2010 (dated 24 May)

Biometrics Appointment Letter received 17 June 2010

Biometrics scheduled for 08 July 2010; walk-in successfully done in Philadelphia 07 July 2010

02 Oct 2010 - FINALLY got email saying the case was being transferred to the local office. Hoping to get his interview letter soon...

05 Oct 2010 - received interview letter!!!!

08 November 2010 - scheduled for N-400 interview

- went together for interview; file isn't there - need to wait to be rescheduled

Jan 2011 - went for Infopass

25 Feb 2011 - interview

19 April 2011 - Infopass

8 July 2011 - HE'S FINALLY A CITIZEN - WOO HOOOOOO!!!!!!!!!!!!!!!

30 July 2011 - citizenship party

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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