Emergency Advice Needed

[Formulaone 0]

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?

[sh18 3]

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?

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.

[Mononoke28 135]

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

[Formulaone 0]

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?

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?

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?

[rika60607 215]

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?

[Formulaone 0]

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.

[rika60607 215]

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!

[Formulaone 0]

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!

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?

[rika60607 215]

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.

[Erin and Muraari 0]

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!

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?

[Formulaone 0]

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!

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?

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

[Chica Yeyé 41]

Do not concern yourself with the ROC process now. The first hurdle is AOS. How long ago did you submit your papers?

I will ask an organizer to move your thread to the AOS forum for you.

[Krikit 1,164]

Moving from ROC to Effects of Major Changes.

[Anh map 2,098]

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

[Formulaone 0]

Do not concern yourself with the ROC process now. The first hurdle is AOS. How long ago did you submit your papers?

I will ask an organizer to move your thread to the AOS forum for you.

I applied in early October.