What happens when

[Muh and me 18]

and you start goin thru a divorce? Are they able to stay, do they have to go back where they are from?

We are 2 months out from starting to remove conditions, and things aren't goin well in the marriage right now, but I just need to know for myself.

His brother who lives in Ca signed the affadivat of support not me. So I know I would not be responsible for that.

I'm sure there is something here in this forum talking about this, but frankly I am just too sick to search for it.

[Cuchita 1]

And just because things are not going well you want to send him back? did your SO did something really bad to you?. If not, why don't you help him and get divorce after removing conditions?.

At the interview they will find out you are not together anymore and he will be asked to leave the country.

Edited September 30, 2009 by Cuchita

[Muh and me 18]

They really make them leave the country if you are divorcing and removing conditions. Its not that I want him to go back if he would decide to seperate but this is one thing he has held over my head telling me he would not have to leave if we divorced.

[Chica Yeyé 41]

They really make them leave the country if you are divorcing and removing conditions. Its not that I want him to go back if he would decide to seperate but this is one thing he has held over my head telling me he would not have to leave if we divorced.

sister Turia, that is incorrect.

If you are divorced, he can remove conditions on his own.

If you are legally separated, I think he can as well.

If you are still married, you have to file jointly.

And don't let him hold ####### over your head... the #######

Take care of yourself FIRST hermana. You are much loved.

[star_dragon 0]

They really make them leave the country if you are divorcing and removing conditions. Its not that I want him to go back if he would decide to seperate but this is one thing he has held over my head telling me he would not have to leave if we divorced.

sister Turia, that is incorrect.

If you are divorced, he can remove conditions on his own.

If you are legally separated, I think he can as well.

If you are still married, you have to file jointly.

And don't let him hold ####### over your head... the #######

Take care of yourself FIRST hermana. You are much loved.

I've been telling her the same thing

[R and F 34]

Turia I see your posts all the time and I think you are a great person, give it all you got and make the best decision for yourself and your family. We all love you and care about what happens to you.

[Cuchita 1]

My bad, correction:

If your "hubby" lies and says you are still together then he is scrwd, the bstrd might get lucky (I really don't understand why they allow people in those circumstances here)

Anyway if the marriage was bonafide and divorce is in good terms he can stay, read this post:

http://www.visajourney.com/forums/index.php?showtopic=162473

[lailaa 0]

He could remove the condition by himself as long as he had had a divorce degree in hand..

For the time being he has only 1 month left to file to remove conditions and divorce can not be resulted in 1 month right? so if you dont apply jointly right now he will be out of status after 1 month, in that case USCIS will consider his case abondened I guess.. and he might face with deportation process and lots of headache.

if you wanna help him I beleive you have 2 options:

1- you can file jointly with him and wait 6 months for him to get his card than let him go with peace in your mind that you did everything to help him )

2- you can file jointly and next month file for divorce,after getting divorce decree in hand if he still didn't get his card withdraw your joint application, after that point he can apply for himself 2nd time without abondining his case or dangering his status..

[Jenn! 918]

Are you sure that you didn't sign an I-864 when you did AOS? I could be wrong, but I thought that the spouse was obliged to submit an I-864 in addition to the joint sponsor (if needed).

Like the others have said, he can still remove conditions even if you are divorced as long as he can prove that the marriage was entered into in good faith. It is more difficult for him to remove conditions if you are still married, but you do not cooperate. Take that as you will.

I hope everything works out for you, Terrie.

[Muh and me 18]

Are you sure that you didn't sign an I-864 when you did AOS? I could be wrong, but I thought that the spouse was obliged to submit an I-864 in addition to the joint sponsor (if needed).

Like the others have said, he can still remove conditions even if you are divorced as long as he can prove that the marriage was entered into in good faith. It is more difficult for him to remove conditions if you are still married, but you do not cooperate. Take that as you will.

I hope everything works out for you, Terrie.

When we did the AOS we had to bring the Avidavit of support from his brother or mail it in i can't remeber but i didn't have to sign. I'm not sure what is gonna happen but since the week before i went into the hospital and after i came home its just not been that great!