Desperate need of advise :(

[Hopeworld 1]

Hi people....

Really need some help. I came to us to study (f1), fell in live instead.

Thing is that we're falling apart. I know about the I-751 etc and u can't apply until u'r together, divorced or marriage annuled.

But I mean I got the 2 year card 1 march.. That's like 3 weeks ago for gods sake. AND i dropped outa school when I got the card. Won't the uscis say like 

"You filed a divorce 3 weeks after u got the card? WHY should we give u a 10 year card? Real marriage? Not good enough DENIED!"

We love each other more than we ever loved anyone else. I can with no doubt prove that the marriage is real I mean it took like 65 days (interview included) to get the 2 year card.

We tried therapy... Counsling.. Reading a book we can just NOT work it out. 

Love is just not enough, since I have no family or anyone here it's time I start thinkin about my self for once, what should I do? I mean we had our first fight the first time we ever talked. 

Should I get the divorce NOW an apply 751 alone? Or should I delay the divorce ? That's my real question

I'm just afraid a real marriage with 10000 proof of it being real ISNT enough to get the 10 year card just because thatwe may file for a divorce so early.

Dec 2008 moved to us F1

Jan 2009 meet my luv

Aug 2009 moved in together

Oct 2009 got married

Dec 2009 sent in AOS

Feb 2010 Bio... EAD and AP approved

1 march 2010 interview, 2 year card approved

Edited March 20, 2010 by Hopeworld

[happilycontent 16]

If you entered your marriage in good faith you don't have anything to worry about. There is a lot of information for you floating around here with people that have been in your situation. http://www.visajourn...esident-status/

I don't think prolonging a failed marriage is a good idea just so you can gain status, that's fraud? Anyhow, good luck. sorry I'm not much help.

Edited March 20, 2010 by happilycontent

[Hopeworld 1]

Hi, thanx for your answer

well fraud would be if the marriage wasn't real.

What IM saying is what's the best choice for me?

1. File for a divorce RIGHT now and apply for 751 EVenthough I got the 2 year card a week ago?

2. Move out and file for a divorce in like 3 months and Then apply?

Cause I read that thread. But I haven't seen any case where divorce and failure been uppon any who JUST got

the 2 year card just DAYS ago.

anyone.....? :/

[JimVaPhuong 4,863]

Hi, thanx for your answer

well fraud would be if the marriage wasn't real.

What IM saying is what's the best choice for me?

1. File for a divorce RIGHT now and apply for 751 EVenthough I got the 2 year card a week ago?

2. Move out and file for a divorce in like 3 months and Then apply?

Cause I read that thread. But I haven't seen any case where divorce and failure been uppon any who JUST got

the 2 year card just DAYS ago.

anyone.....? :/

The length of time since you got the green card is not relevant. The length of the marriage, however, is very relevant. It's very possible they could question the sincerity of your marriage.

You came to the US on a F-1 visa, which has a MAXIMUM limit of 12 months. You moved in together 8 months after your arrival. Two months later you were married. Two months after that you filed for AOS - the same month your F-1 was due to expire. Now, only weeks after receiving the conditional green card, you are looking at getting a divorce. About the only thing that would make this timeline look more suspicious is if USCIS has any evidence you knew your wife before you came to the US.

I suspect you're going to need some very VERY good evidence to prove that you married in good faith. Once your divorce is final, you should file the I-751 right away. I say should because if USCIS learns of the divorce then they are compelled to take steps to begin removal proceedings. You could, at your own discretion, choose to wait until the 90 day window before your conditional green card expires, with the understanding that a notice from USCIS that they are going to begin removal proceedings may force you to file sooner than you planned.

I suggest you start looking at what evidence you've got to prove you married in good faith.

[VanessaTony 3,567]

In my opinion you should file the divorce now. No sense in delaying it. Also there are several cases where people have been deported, or lost contact with their spouse and are now having trouble obtaining the divorce because of that. Get it started at least, now.

Depending on your state, it will depend on how long your divorce will actually take. There was another person who needed to be legally separated for 12 months before filing for divorce. Check your states laws first.

If you want to wait to file the divorce that's entirely up to you AND your partner.

Another idea is to simply go home. I agree with everyone else that the length of the marriage is irrelevant and the only thing/s they need are proof of a real relationship, but the circumstances around your very short relationship and the fact you dropped out of school immediately after obtaining the GC don't really look very good. Had you continued with school at the VERY least it wouldn't have looked as suspicious but you can't change that now... but then how do they know?

We're not the CO, we don't know. The only way is to try. Whether you divorce now or later I honestly don't think it makes one iota of difference.

Good luck.

[besaangel 18]

Couldnt have said it any better myself...

[Hopeworld 1]

Thanx guys for your advise. U'r freaking me out though heh..

I did feel until last week that I wanted to go back home, but I realized where my home is. I DO want to stay here.  I actually worked hard to start s new life to gain credit to have a descent good life. Didn't plan to get in love... 

I have over 80 pictures of us showing Wirhout a doubt our love happiness Plus us on different trips. 

Besides that I have:

1. Flight reservations to Sweden to see my family in 1 week

2. Flight reservations To go to Denmark to see our friends

3. Hotel resevation in Italy

All these for next week (guess I will go alone to Sweden only)

4. Copy of our driver license showing same address

5. Copy of JOINt tax return

6. copy of 2 (her friends) affidavit of us having a bonafide marriage

7. Gas & water utiliy on my and partners mother's name

8. Joint bank account

9. 2 Joint creditcards account

10. Copy of her new social card showing my it changed to my last name

11. Joint car insurance also stating we live same address

Allll of this, and they can deny me, based in? :/        

Edited March 21, 2010 by Hopeworld

[besaangel 18]

You came to the US on a F-1 visa, which has a MAXIMUM limit of 12 months. You moved in together 8 months after your arrival. Two months later you were married. Two months after that you filed for AOS - the same month your F-1 was due to expire. Now, only weeks after receiving the conditional green card, you are looking at getting a divorce. About the only thing that would make this timeline look more suspicious is if USCIS has any evidence you knew your wife before you came to the US.

I suggest you start looking at what evidence you've got to prove you married in good faith.

Elaborate on 12 months max please?!?

[VanessaTony 3,567]

Thanx guys for your advise. U'r freaking me out though heh..

I did feel until last week that I wanted to go back home, but I realized where my home is. I DO want to stay here. I actually worked hard to start s new life to gain credit to have a descent good life. Didn't plan to get in love...

I have over 80 pictures of us showing Wirhout a doubt our love happiness Plus us on different trips.

Besides that I have:

1. Flight reservations to Sweden to see my family in 1 week

2. Flight reservations To go to Denmark to see our friends

3. Hotel resevation in Italy

All these for next week (guess I will go alone to Sweden only)

4. Copy of our driver license showing same address

5. Copy of JOINt tax return

6. copy of 2 (her friends) affidavit of us having a bonafide marriage

7. Gas & water utiliy on my and partners mother's name

8. Joint bank account

9. 2 Joint creditcards account

10. Copy of her new social card showing my it changed to my last name

11. Joint car insurance also stating we live same address

Allll of this, and they can deny me, based in? :/

Personally, I'm doubting you entering on the F1 to study. I'm wondering whether you knew this girl before. i'm wondering how you "fell in love" conveniently only a MONTH after you arrived and 8 months later moved in, a month or so after that married and then applied for AOS. How you conveniently stopped attending school when you got the card, and also after getting the card (and stopping school) suddenly it's time to divorce.

No offence but it's easy to fake a relationship for a year when someone's working every day or attending school ... and given your marriage suddenly became "irreparable" once you stopped school... it appears the cracks appeared when you were no longer separated for hours on end each day...

BUT all that said I'm not the CO and the CO goes by the rules. You show evidence of co-mingling. You show evidence of living together. I assume though that as of lets say today your name is off those things (date on evidence being way different to divorce date will be a source of "interest").

I've been in the US for 6 months. I have absolutely no doubt that Australia is my home. If my marriage suddenly fails in the next 6 months I'll go HOME to my HOME country. In my opinion you haven't been here long enough to consider this home. You attended school for a few months, you married, you got your GC and now you're getting divorced. I understand the "glow of a US greencard" but I would rather be at home with my family than stuck in the US with the memory of a failed migration and failed marriage (though I came on a K1 process so obviously my situation is different).

I don't see an issue with your evidence, go ahead and file for divorce and see what happens, it's all you can really do. Waiting does nothing honestly. Will your wife allow you to wait? You're messing with HER future too and her future happiness to find someone else. It's unfair to ask her to not divorce you until it's "more convenient" for you (and incidentally makes it more obvious it's a GC marriage in my opinion).

I'm not trying to be mean or offensive, I'm just telling you like I see it. Whether the CO sees it the same way is really "luck of the draw" and you won't know till you try.

Edited March 21, 2010 by Vanessa&Tony

[sachinky 465]

You came to the US on a F-1 visa, which has a MAXIMUM limit of 12 months.

I was in the U.S. on a F-1 in from August 2005--May 2009. It's valid till July 2010 so I don't know where you THAT from.

[JimVaPhuong 4,863]

I was in the U.S. on a F-1 in from August 2005--May 2009. It's valid till July 2010 so I don't know where you THAT from.

Sorry, my mistake. I was looking at a summary page for visa durations, and it showed the F-1 for high school students before the F-1 for other students. I looked at the wrong line. The F-1 for high school students has a max duration of 12 months. The regular F-1 is valid as long as you remain a full-time student.

[JimVaPhuong 4,863]

Personally, I'm doubting you entering on the F1 to study. I'm wondering whether you knew this girl before. i'm wondering how you "fell in love" conveniently only a MONTH after you arrived and 8 months later moved in, a month or so after that married and then applied for AOS. How you conveniently stopped attending school when you got the card, and also after getting the card (and stopping school) suddenly it's time to divorce.

No offence but it's easy to fake a relationship for a year when someone's working every day or attending school ... and given your marriage suddenly became "irreparable" once you stopped school... it appears the cracks appeared when you were no longer separated for hours on end each day...

BUT all that said I'm not the CO and the CO goes by the rules. You show evidence of co-mingling. You show evidence of living together. I assume though that as of lets say today your name is off those things (date on evidence being way different to divorce date will be a source of "interest").

I've been in the US for 6 months. I have absolutely no doubt that Australia is my home. If my marriage suddenly fails in the next 6 months I'll go HOME to my HOME country. IN my opinion you haven't been here long enough to consider this home. You attended school for a few months, you married, you got your GC and now you're getting divorced. I understand the "glow of a US greencard" but I would rather be at home with my family than stuck in the US with the memory of a failed migration and failed marriage (though I came on a K1 process so obviously my situation is different).

I don't see an issue with your evidence, go ahead and file for divorce and see what happens, it's all you can really do. Waiting does nothing honestly. Will your wife allow you to wait? You're messing with HER future too and her future happiness to find someone else. It's unfair to ask her to not divorce you until it's "more convenient" for you (and incidentally makes it more obvious it's a GC marriage in my opinion).

I'm not trying to be mean or offensive, I'm just telling you like I see it. Whether the CO sees it the same way is really "luck of the draw" and you won't know till you try.

I'll go further than this. Why would somebody collect two affidavits about their "bonafide" marriage when they haven't even filed for divorce yet?

[VanessaTony 3,567]

I'll go further than this. Why would somebody collect two affidavits about their "bonafide" marriage when they haven't even filed for divorce yet?

perhaps from AOS? In which case he'd need new ones anyway?.. but if not.. very odd. I agree.

[leahandlucas 15]

I dont want to be judgemental...but to me,...this is more like a "friend did me a favor" thing.......relationships can be faked to that extent..

I mean...you enter in on an F-1 and within a month, meet someone and are already basically married to them, get your card, drop out of school...

WHY would you drop out of school as soon as you get your card???..would you not want to continue school like alot of other people???

I smell F-R-AU-D SPEWING out the a$$ on this one....litterally...

lawyer up....your going to NEED it...

[Hopeworld 1]

Oh my god u guys kidding me or what? Holy ###### what's this a witch hunt ? Damn dudes....CHILL with the adrenalin.... JEEZ

If I wanted to be doubted and treated like a liar for Gods sake I would go to the uscis ok? Serious answers please I came here for understanding and support in my first f-ucking failed marriage and this is the ####### lynch I get?

1. The affidavits are from aos application but there are copies we had just in case

2. I got a job and therefor dropped outa school

3. I did not know her in any way before I moved. Meet her like I meet so many other nice people but we dated and hit it off.  It happens u know

4. I DID say the marriage was real, Now didn't I ? The interviewer did approve easily at all, so with all facts and how it looks like... And we still got approved after 10 minutes .. That pretty much says alot, doesn't it?

Heh jeez

5. Maybe for u it would be better if u moved back home to your family instead of staying , I can't do that so I get ####### for choosing to continue my

Life here? 

W8inglongtime: yes we have tried counsling, ended up with her calming down for once but problems still here.  We had a huge fight/discussion for HOURS just last night. It's the communication.. I mean I say one thing and she gets it like something totally else. 

I can't even describe it.. We both want to work it out but she just do Not have the experience How to handle things how to analyze and deal with things. And I'm just fed up trying to help help her.

-

I didn't think of us doing 751 TOgETHEr. That would be fraud. My question was very clear , if I should divorce now.. As in.. Now?!? And apply for 751, Or move out and file for a divorce in couple of months instead. 

So plz... Give me serious answers guys and plz keep your NEGative personal judjemental opinions to your self.

I feelin like ###### here eventhough all is kinda better TOday things will crack sooner or later. Feel depressed confused and scared and in this by my self an not even considering te embarrssment of all knowing we failed our marriage and u guys take this as a witchhunt? 

I wanted to know what I should I.. And how my chances are.. Didn't ask for anything else!