Divorce on conditional greencard

[Sallygirl 0]

Hi all,

I have a few questions regarding divorce on a conditional greencard. I currently live in New York, i am from England. I came here last year on a visa waiver to visit my boyfriend, he proposed to me out of nowhere and we ended up getting married, it's been just over a year, i've had my green card since Jan 2009. Things don't seem to be working out right now, i sure hope they do, i love him and we are taking every step we can, including marriage counselling. We are a young couple so the pressure is on us, i am 21 this summer and he will be 22, i currently live with him and his family, who love me just like i am their own daughter.

My question is this, i wanted to find out as i am scared. If the worst came to worst and we ended up getting a divorce or annulment before it was time to file to remove conditions, how do i go about staying in the United States? I am very concerned as i have just started to become settled here. I am starting school in the fall, and continuing to go full time in the spring of 2010, i work here and i am just starting to make friends. Back home i only have my Mum, who is very poor and lives by herself in a small counsel house located in the suburbs, she struggles to pay her bills.

I've researched online and it says that i would need to show a good faither marriage (for grounds for a waiver of termination) e.g owning joint property or having a child together. We are so young so we really have neither, i know my mother in law would write an affidavit notorized to say it was entered in good faith. But we don't own anything together other than... a gps and a puppy. We have joint bank accounts and credit cards, of course all of the married stuff, but we plan to stay with my in laws until we have our feet firmly set on the ground.

It also mentions extreme hardship if i was deported, and if i went back to the UK, i would have nothing and a mother living in a counsel house. I feel like that is extreme hardship and am scared to go back to that, i am earning good money here as a waitress right now and studying.

All in all, i need help and advice. Could someone be kind enough to tell me what my options really are, and my chances of success and how i'd go about it if my Husband left me?

Thank you in advance everyone,

Sally

[Kar98 0]

But we don't own anything together other than... a gps and a puppy. We have joint bank accounts and credit cards, of course all of the married stuff, but we plan to stay with my in laws until we have our feet firmly set on the ground.

This is what you're looking for.

[Reba 2]

Sorry to hear about your difficulties. All you have to do is prove that you entered the marriage in good faith, and not for the soul purpose of attaining a green card. And the proof that you used for your first AOS interview would be much the same for your removal of conditions interview, if there is one.

Plus, they're not going to consider having to move back to England as a hardship, even if you'd have to move to a councel house. I think extreme hardship would be considered maybe if you were from a refugee city in Darfur maybe, but as England is a western and modernized country with universal healthcare! not currently in a civil or other war, proving hardship will be difficult.

[Sallygirl 0]

This marriage was entered into in good faith, and we are living with my mother and sister in law. Even they, and my Wife (depending on her mood) would write out an affidavit explaining that. I get on with my in laws so well but things just aren't working out. The only evidence we have is that of which we used for our AOS interview, minus the joint health insurance as my Wife lost hours at work.

Is that going to be enough?

Joint Credit Card

Joint Bank Account

Affidavits from in-law family

Puppy adopted in both our names

Pictures from Florida vacation last month (delayed honeymoon)

ALSO, if we end up divorcing or annulling before the removal of conditions is up, do i need to let USCIS know anything? And if not, should i keep records of all our joint bank statements etc up to the split, i can attain them.

Edited May 31, 2009 by Sallygirl

[diadromous mermaid 36]

So, Sallygirl and Sallyboy are posting as one, eh? The answer is that bonafides of marriage would be required to petition to remain in the USA if a divorce occurs. I doubt that an annulment would be honoured by the courts, since you're both attesting that the marriage was and is legitimate.

Bonafides of marriage can be demonstrated by showing that you shared a common residence and shared responsibilities with finances AND the biggie is that any tax returns filed dueing the marriage showed you as married.

This marriage was entered into in good faith, and we are living with my mother and sister in law. Even they, and my Wife (depending on her mood) would write out an affidavit explaining that. I get on with my in laws so well but things just aren't working out. The only evidence we have is that of which we used for our AOS interview, minus the joint health insurance as my Wife lost hours at work.

Is that going to be enough?

Joint Credit Card

Joint Bank Account

Affidavits from in-law family

Puppy adopted in both our names

Pictures from Florida vacation last month (delayed honeymoon)

ALSO, if we end up divorcing or annulling before the removal of conditions is up, do i need to let USCIS know anything? And if not, should i keep records of all our joint bank statements etc up to the split, i can attain them.

[Sallygirl 0]

So, Sallygirl and Sallyboy are posting as one, eh? The answer is that bonafides of marriage would be required to petition to remain in the USA if a divorce occurs. I doubt that an annulment would be honoured by the courts, since you're both attesting that the marriage was and is legitimate.

Bonafides of marriage can be demonstrated by showing that you shared a common residence and shared responsibilities with finances AND the biggie is that any tax returns filed dueing the marriage showed you as married.

This marriage was entered into in good faith, and we are living with my mother and sister in law. Even they, and my Wife (depending on her mood) would write out an affidavit explaining that. I get on with my in laws so well but things just aren't working out. The only evidence we have is that of which we used for our AOS interview, minus the joint health insurance as my Wife lost hours at work.

Is that going to be enough?

Joint Credit Card

Joint Bank Account

Affidavits from in-law family

Puppy adopted in both our names

Pictures from Florida vacation last month (delayed honeymoon)

ALSO, if we end up divorcing or annulling before the removal of conditions is up, do i need to let USCIS know anything? And if not, should i keep records of all our joint bank statements etc up to the split, i can attain them.

Yes posting as one, obviously i was trying to be anonymous but messed that up very well!

We have a 2008 tax return that we filed as married and received money from the state and the government. We share a common residence, sleep in the same bed, all of that.

Would i need to petition before the removal of conditions, or wait until then?

[English Muffin 59]

Moving from AOS forum to Major Family Changes forum.

[diadromous mermaid 36]

Once a divorce decree is available, the alien may file a waiver of the joint requirement to remove conditions. In other words, there is no requirement to wait until 90 days prior to the expiration date on the green card in the event that an alien is self-petitioning after divorce (or annulment, which wouldn't apply in your case).

So, Sallygirl and Sallyboy are posting as one, eh? The answer is that bonafides of marriage would be required to petition to remain in the USA if a divorce occurs. I doubt that an annulment would be honoured by the courts, since you're both attesting that the marriage was and is legitimate.

Bonafides of marriage can be demonstrated by showing that you shared a common residence and shared responsibilities with finances AND the biggie is that any tax returns filed dueing the marriage showed you as married.

This marriage was entered into in good faith, and we are living with my mother and sister in law. Even they, and my Wife (depending on her mood) would write out an affidavit explaining that. I get on with my in laws so well but things just aren't working out. The only evidence we have is that of which we used for our AOS interview, minus the joint health insurance as my Wife lost hours at work.

Is that going to be enough?

Joint Credit Card

Joint Bank Account

Affidavits from in-law family

Puppy adopted in both our names

Pictures from Florida vacation last month (delayed honeymoon)

ALSO, if we end up divorcing or annulling before the removal of conditions is up, do i need to let USCIS know anything? And if not, should i keep records of all our joint bank statements etc up to the split, i can attain them.

Yes posting as one, obviously i was trying to be anonymous but messed that up very well!

We have a 2008 tax return that we filed as married and received money from the state and the government. We share a common residence, sleep in the same bed, all of that.

Would i need to petition before the removal of conditions, or wait until then?