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Posted

Hi All,

I have been in a rocky relationship for the past four months.

My wife, who is my US citizen spouse, does not want to stay married to me anymore.

I have not received my conditional green card yet, but she says that she will seek an annulment once I do.

I came here as a student and got married while I was on my H1.

Can I still file for a permanent green card?

:unsure:

Posted
Hi All,

I have been in a rocky relationship for the past four months.

My wife, who is my US citizen spouse, does not want to stay married to me anymore.

I have not received my conditional green card yet, but she says that she will seek an annulment once I do.

I came here as a student and got married while I was on my H1.

Can I still file for a permanent green card?

:unsure:

Once you get it I don't think she can seek annulment. After you receive it, you should divorce and then you can file I-751 (you'd file with waiver) any time while you 2 year card is valid after you're divorced. You will have to prove that you married in good faith, etc. Usually shorter marriages get more scrutiny.

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Yes you can. Just make sure that you gather as much information and evidence to prove that you had a bonafide marriage. This is crucial.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Posted
Yes you can. Just make sure that you gather as much information and evidence to prove that you had a bonafide marriage. This is crucial.

Diana

Thank you so much for your quick response.

What are the things that I need to show to prove my bona fide marriage?

We live together, share a phone plan, have joint bank accounts, have joint health insurance, have joint utility bills and also have plenty of photos.

We were supposed to go visit my parents in my native country, but she does not want to go anymore.

Also, she is now saying that if needed she will write a letter in support of my case to court for me.

Will such a letter help my case?

And is she still eligible to seek annulment?

In that case (annulment) where do I stand in the Immigration Process?

Do you recommend hiring an Immigration Lawyer for such a case?

If you think I should, do you know how much a Lawyer would typically charge (a guesstimate is fine) to handle a case like mine?

:unsure:

Hi All,

I have been in a rocky relationship for the past four months.

My wife, who is my US citizen spouse, does not want to stay married to me anymore.

I have not received my conditional green card yet, but she says that she will seek an annulment once I do.

I came here as a student and got married while I was on my H1.

Can I still file for a permanent green card?

:unsure:

Once you get it I don't think she can seek annulment. After you receive it, you should divorce and then you can file I-751 (you'd file with waiver) any time while you 2 year card is valid after you're divorced. You will have to prove that you married in good faith, etc. Usually shorter marriages get more scrutiny.

Thank you so much for your quick response.

What are the things that I need to show to prove my bona fide marriage?

We live together, share a phone plan, have joint bank accounts, have joint health insurance, have joint utility bills and also have plenty of photos.

We were supposed to go visit my parents in my native country, but she does not want to go anymore.

Also, she is now saying that if needed she will write a letter in support of my case to court for me.

Will such a letter help my case?

And is she still eligible to seek annulment?

In that case (annulment) where do I stand in the Immigration Process?

Do you recommend hiring an Immigration Lawyer for such a case?

If you think I should, do you know how much a Lawyer would typically charge (a guesstimate is fine) to handle a case like mine?

:unsure:

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

I doubt that your wife can seek annulment.

Annulments need grounds... temporary insanity or immigration fraud are two that come to mind.

If she seeks annulment based on immigration fraud - you are fried if you agree to it. But if there is some other ground... I-751 allows for filing of ROC with a waiver after annulment.

A letter from her stating that your relationship was real, could help with some Immigration issues, and get it notarized, too.

Where are you in the process anyway? AOS filed but not approved? How long have you been married?

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Posted
I doubt that your wife can seek annulment.

Annulments need grounds... temporary insanity or immigration fraud are two that come to mind.

If she seeks annulment based on immigration fraud - you are fried if you agree to it. But if there is some other ground... I-751 allows for filing of ROC with a waiver after annulment.

A letter from her stating that your relationship was real, could help with some Immigration issues, and get it notarized, too.

Where are you in the process anyway? AOS filed but not approved? How long have you been married?

Thank you for your quick response.

She is planning to get an annulment seeking medical grounds.

I suffered a head injury a while back and as a result of that I have had trouble consummating our marriage.

Right now my AOS has been filed but not yet approved.

We have been married for barely three months now.

:unsure:

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

Oh well, that might spell trouble!

A marriage which was not consummated could be grounds for annulment, but it also could be grounds for making your marriage invalid... and you ineligible for AOS. I would look more into that. AND shame on her for leaving you because of a medical problem and without giving you a chance to recover. If you get annulment/divorce prior to AOS approval and in less than 2 years, you will lose your status. If your marriage is not viable at the time of AOS, that is fraud, even if USCIS does not know it, and can come back later to bite you.

You do need an Immigration attorney. Look for a good one!

(F)

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Posted
Oh well, that might spell trouble!

A marriage which was not consummated could be grounds for annulment, but it also could be grounds for making your marriage invalid... and you ineligible for AOS. I would look more into that. AND shame on her for leaving you because of a medical problem and without giving you a chance to recover. If you get annulment/divorce prior to AOS approval and in less than 2 years, you will lose your status. If your marriage is not viable at the time of AOS, that is fraud, even if USCIS does not know it, and can come back later to bite you.

You do need an Immigration attorney. Look for a good one!

(F)

I am quite sure she has found someone else and just wants out of this relationship.

What happens if our marriage ends in divorce after I get my temporary card?

Would you know how much a lawyer could charge for a case like this?

:unsure:

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

You are worried a lot about something that will not happen for a while in the future... ROC that is.

At this point you have a bigger and more immediate problem - whether your already very strained relationship survive until you get that temporary GC. You say she already wants out. I am not to judge whether staying in relationship for GC is the same as marrying for GC, ie fraud.

If you divorce after receiving GC, you will be able to file for removal of conditions yourself. You will need to prove that your marriage was bona fide. You can read instructions to I-751 and see what kind of evidence you are looking for. You can also read the pinned topic - chat with USCIS director.

Lawyer fees vary greatly and I would ball park it as $2K-10K.

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Posted

Are you still on your H1? One possibility is that if you are you could also apply for an employer based green card if that is an option. That way you can live and work in the US on your H1 while still having your marriage based petition ongoing. As far as I know there is no issue since the H1 is dual intent and allows for you to pursue permanent residency any way you want. Now unfortunately if you decided to switch to your EAD that is no longer an option. So when I applied for AOS, I deliberately kept my H1 as it allows you to stay employed and travel while the green card petition is still pending. So it was a very good option.

Either way get a good lawyer, this is a difficult process. But good luck and I hope everything turns out well.

Oh well, that might spell trouble!

A marriage which was not consummated could be grounds for annulment, but it also could be grounds for making your marriage invalid... and you ineligible for AOS. I would look more into that. AND shame on her for leaving you because of a medical problem and without giving you a chance to recover. If you get annulment/divorce prior to AOS approval and in less than 2 years, you will lose your status. If your marriage is not viable at the time of AOS, that is fraud, even if USCIS does not know it, and can come back later to bite you.

You do need an Immigration attorney. Look for a good one!

(F)

I am quite sure she has found someone else and just wants out of this relationship.

What happens if our marriage ends in divorce after I get my temporary card?

Would you know how much a lawyer could charge for a case like this?

:unsure:

June 29, 2007 : Erin and Muraari's Wedding in Seattle, WA (YAY!!!!!!!!!!!!!!!!!!!!!!!)

July 24, 2007: Mailed all paperwork to Chicago (Wish us luck)

Aug 31, 2007: Biometrics Appointment

Sep 1, 2007: Received NOA1 (Dated Aug 29)

Nov 25, 2007: Received notice for interview in Baltimore, MD (No touches, nothing online to date)

Jan 22, 2008: Interview in Baltimore, MD. Went well.

Jan 29, 2008: Can finally track I-130 online. Approved.

Jan 31, 2008: Email I-485 "Card production ordered"

Feb 5, 2008: Another email I-485 "Card production ordered"

Feb 7, 2008: Received I-130 approval and I-485 "Welcome to America Letter" in snail mail

Feb 7, 2008: Email I-485 "Approval notice mailed"

Feb 9, 2008: GC in hand....... (Done with USCIS for a few months) YAYY!!!!!!

Oct 22, 2009: Process starts again. Going to mail I-751 to VSC

Jan 26, 2010: Notice of Approval and Card Production for 10-year GC

Feb 3, 2010: 10-Year GC Received

Posted
Are you still on your H1? One possibility is that if you are you could also apply for an employer based green card if that is an option. That way you can live and work in the US on your H1 while still having your marriage based petition ongoing. As far as I know there is no issue since the H1 is dual intent and allows for you to pursue permanent residency any way you want. Now unfortunately if you decided to switch to your EAD that is no longer an option. So when I applied for AOS, I deliberately kept my H1 as it allows you to stay employed and travel while the green card petition is still pending. So it was a very good option.

Either way get a good lawyer, this is a difficult process. But good luck and I hope everything turns out well.

Oh well, that might spell trouble!

A marriage which was not consummated could be grounds for annulment, but it also could be grounds for making your marriage invalid... and you ineligible for AOS. I would look more into that. AND shame on her for leaving you because of a medical problem and without giving you a chance to recover. If you get annulment/divorce prior to AOS approval and in less than 2 years, you will lose your status. If your marriage is not viable at the time of AOS, that is fraud, even if USCIS does not know it, and can come back later to bite you.

You do need an Immigration attorney. Look for a good one!

(F)

I am quite sure she has found someone else and just wants out of this relationship.

What happens if our marriage ends in divorce after I get my temporary card?

Would you know how much a lawyer could charge for a case like this?

:unsure:

Unfortunately I am not on my H1 anymore. I filed for my EAD and my AP in the initial application.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

The initial consulatation should be free or a modest amount. Don't be shy asking an attorney about costs before you begin.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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

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