Divorce

[byg4857 1]

Hello Everyone

I have been married for just over a year to my US wife. After a few months of marriage, things started to turn very bad indeed and 8 months later we are now looking at divorce due to us exhausting all other ways of trying to live constructive lives with each other. I entered the US on a fiance visa and pretty much severed all contact with my home country. I now have a life in the US that would be hard for me to give up. I have heard about being able to petition that the marriage was in good faith and being able to stay - is this the case? If so, what do i need to help prove this fact? Is it the same as proving it for a fiance visa?

Many Thanks in advance!!

[Otto 83]

What is your current immigration status?

[JlovesC 0]

Have you applied for adjustment of status yet?

[byg4857 1]

Yes, my AOS is complete and i have my 2year permanent resident card. I've had my 'Welcome to the USA' letter, have my Social Security and everything.

[Carlawarla 1]

Well, first you need to get divorced, and then no matter when you get that final divorce decree, you can file to remove conditions by yourself. You need to prove you entered the marriage in good faith. Please make sure that you notify USCIS if/when you get a new address as well. Here's a link you'll need to read up on.

http://www.visajourney.com/forums/index.ph...s-immigration-d

[a-jeanne 2]

I've been on here before and don't want to bring up all of the circumstances. I just want to know what happens if my husband doesn't show up for the Temporary Hearing? I think he may have gone back to the UK. Now what? I have filed for divorce and the papers were served to him as he was in town. I didn't feel I had a choice in the matter because he came back after being gone 2 months wanting to come back into the house. It's a pro se divorce. He has cancelled another appointment with the counselor and I think he's gone. Any help or advice would be appreciated.

[Bobby+Umit 161]

I've been on here before and don't want to bring up all of the circumstances. I just want to know what happens if my husband doesn't show up for the Temporary Hearing? I think he may have gone back to the UK. Now what? I have filed for divorce and the papers were served to him as he was in town. I didn't feel I had a choice in the matter because he came back after being gone 2 months wanting to come back into the house. It's a pro se divorce. He has cancelled another appointment with the counselor and I think he's gone. Any help or advice would be appreciated.

NVM - answered my own question.

Change your locks, and finish the divorce.

Since he has the greencard - he is on his own, however, you will still be on the hook with the 864.

He will be able to file for his own removal of conditions when it's time, as long as he can prove it was a bonafide marriage.

Edited June 16, 2009 by Bobby_Umit

[Bobby+Umit 161]

Well, first you need to get divorced, and then no matter when you get that final divorce decree, you can file to remove conditions by yourself. You need to prove you entered the marriage in good faith. Please make sure that you notify USCIS if/when you get a new address as well. Here's a link you'll need to read up on.

http://www.visajourney.com/forums/index.ph...s-immigration-d

They do not need to finish the divorce if the conditions interview comes up, if they are seperated, they can both agree to go to the interview.

You have to tell USCIS of this prior to the interview though.

[a-jeanne 2]

I have sent a letter to the USCIS canceling my support. I know that he can go ahead with the GC on his own but he doesn't have bonafide proof that the marriage was legit. He doesn't have anything in his name here. I have also changed all of the locks. When the police showed up when he came back, they talked him into staying somewhere else for the night and that we would see the counselor in the morning. The counselor finally go a hold of me that night and suggested I get a restraining order and that he could be a danger to me and my children. So, the next day, I filed for divorce. He sent me an email wanting me to go to the counselor with him, but I didn't respond and today I found out that he can canceled this appointment with her. Our hearing is Monday and my question was, what if he doesn't show up? What if he doesn't come back? How will the divorce become final? I also sent an email to the USCIS regarding his address change and that I don't know where he is. Will this flag his visa? If he is out of the country, will he be able to get back in? Has anyone else gone through this?

[Bobby+Umit 161]

I have sent a letter to the USCIS canceling my support. I know that he can go ahead with the GC on his own but he doesn't have bonafide proof that the marriage was legit. He doesn't have anything in his name here. I have also changed all of the locks. When the police showed up when he came back, they talked him into staying somewhere else for the night and that we would see the counselor in the morning. The counselor finally go a hold of me that night and suggested I get a restraining order and that he could be a danger to me and my children. So, the next day, I filed for divorce. He sent me an email wanting me to go to the counselor with him, but I didn't respond and today I found out that he can canceled this appointment with her. Our hearing is Monday and my question was, what if he doesn't show up? What if he doesn't come back? How will the divorce become final? I also sent an email to the USCIS regarding his address change and that I don't know where he is. Will this flag his visa? If he is out of the country, will he be able to get back in? Has anyone else gone through this?

Unfortunately, in your case, you cannot withdraw your support. He all ready has achieved the green card (conditional to be sure), but for all intents and purposes, the support is "locked in", unless you can prove fraud on his part to immigrate (I base this on my understanding of the rules)

With the two case precedents someone posted here, he could sue you for support (more than means tested benefits), and you would have to fight it or pay. (In a nutshell, they were able to claim 125% of the poverty level for one person, so the sponsor needed to give them $12K or so in money a year)

You would need to talk a lawyer about how to protect yourself.

I can't answer on the divorce issues, state to state has different rules. I am sure they will tell you at the hearing what your options will be. Take all evidence you have of what you posted about with you. (police report, statement from the counsuler about the missed appointment, etc..)

Do you have a lawyer representing you in the divorce? Again, good idea to get one for a case like this.

Yes, if he maintains his GC status, he can come and go as he pleases. If he is gone more than a year, without filing for a re-entry permit, that could be a problem (and you could possibly use that to remove the 864).

If he doesn't update his address via the AR-11, he could be in legal trouble with the government. (10 days after moving).

[a-jeanne 2]

All of the proof that I have will not look good for him in the USCIS's eyes. He didn't put his name on anything and wasn't happy about working here. He basically lived off my income and was happy to transfer his pension $$$ over for almost double. He also moved his things out and left for two months without telling the USCIS. He has never shared any of his financial information with me but I have recently found most of it. He was served with papers and no one has seen him. I hope that he just goes back home and walks away. He has a house in the UK and has been paying the utilities there for over a year and when he had things shipped to the house here, he used the billing address as his UK address. He doesn't show ties here. What do you guys think?

[bhajishah 4]

Yea!! you got your WELCOME TO THE USA now u can foff letter!!

[diadromous mermaid 36]

He bought the house you are living in didn't he? Why do you think there is not enough evidence that he intended to share a life with you?

All of the proof that I have will not look good for him in the USCIS's eyes. He didn't put his name on anything and wasn't happy about working here. He basically lived off my income and was happy to transfer his pension $$$ over for almost double. He also moved his things out and left for two months without telling the USCIS. He has never shared any of his financial information with me but I have recently found most of it. He was served with papers and no one has seen him. I hope that he just goes back home and walks away. He has a house in the UK and has been paying the utilities there for over a year and when he had things shipped to the house here, he used the billing address as his UK address. He doesn't show ties here. What do you guys think?

[a-jeanne 2]

But he didn't put his name on it. It was a gift to me. He also didn't put his name on any utilities or help pay any bills while he was here.

[diadromous mermaid 36]

If it was purchased after marriage then it could be considered a marital asset.

But he didn't put his name on it. It was a gift to me. He also didn't put his name on any utilities or help pay any bills while he was here.