Divorce

[landa 1]

Hello guys,

I married a US citizen in canada 2 in 2008. I moved to states in 2009. I have a conditional visa, it end in 2011. we are expecting a baby in the fall and i don't think this marriage is going anywhere. What happens to me after the divorce? Will the kick me out or let me because of my kid. I am going to fight for the custody. This is such a nightmare, i should be happy that i am going to be a father and not worry about ####### like divorce/getting kicked out and not being with my child.

[Wyatt's Torch 45]

Hello guys,

I married a US citizen in canada 2 in 2008. I moved to states in 2009. I have a conditional visa, it end in 2011. we are expecting a baby in the fall and i don't think this marriage is going anywhere. What happens to me after the divorce? Will the kick me out or let me because of my kid. I am going to fight for the custody. This is such a nightmare, i should be happy that i am going to be a father and not worry about ####### like divorce/getting kicked out and not being with my child.

It sounds to me like you're taking your presence in the U.S. for granted. Yes, they have every right to "kick you out" if you can't prove a healthy relationship when it comes to the Removal of Conditions stage.

Your marriage isn't going anywhere, but you're expecting a child? Was the pregnancy planned? You want the child but not the wife?

In any event, there's a high likelihood that they won't want to grant you a ten-year green card, based on your marital instability. Frankly, I wouldn't blame them. It's not a process to be taken lightly.

[Peachey 10]

I read somewhere that you can do removal of conditions on your own if you can prove you entered into the marriage in good faith.

I'm sure someone with the definitive answer will come along and help you.

[ScooterMac 2]

I read somewhere that you can do removal of conditions on your own if you can prove you entered into the marriage in good faith.

I'm sure someone with the definitive answer will come along and help you.

It's possible - my ex boyfriend and his wife dissolved their marriage amicably, and she was willing to help him collect letters from her family stating it was a good-faith marriage, as well as letters from friends/his family, a letter from the minister that married them, shared leases/utility bills from when they'd lived together, letters from both of them explaining their decision to divorce and a whole bunch of other stuff. He was granted removal of conditions, but he had a really hard time with it...he was out of work for several months because he was out of status while he was waiting for it to be resolved and had to involve a lawyer and all that fun stuff.

Good luck!

[Udella&Wiz 325]

I would head over to the Removal of conditions forum. You are not the first (or last) person who entered a marriage in good faith, presumably, and during the first 2 years the marriage did not work out. There are many questions in that forum regarding this situation. There is some sort of waiver you apply for in this situation....it's not uncommon. People get their 10 yr GC successfully in this situation.

I'm sorry it hasn't worked out...moving here, getting married and having a baby can really put a strain on the relationship.I hope it turns around for you.

[warlord 72]

Well the first thing that is confusing is what is a conditional visa? Do you mean a temporary Green Card? If so that is not a visa. If you are on a visa, what visa are you on? H1B? Student visa?

Another thing is it is highly unlikely depending on your time line that if you had filed for AOS in 2009 that you would have gotten a temporary Green Card yet. Unless it was at the very beginning of 2009 when you moved here. I'm kind of confused about that.

Even if you had moved here in 2009 and got AOS done and have your Conditional Green Card, then you could theoretically still be able to remove conditions, but you would have to prove to the USCIS that everything was in good faith, so have a lot of proof as it will look bad getting divorced soon after recieving your conditional Green Card. Sometimes they will allow you to remove conditions if the marriage was abusive and such. Normal marriages just not working out though, usually don't qualify however and you would have to leave.

Not exactly sure about the kid issue. I don't believe that they will grant you and residency because of your child as they are too young to sponsor you. And if the kid is custoday with the ex wife, then you would just have to book trips to the US to visit...

[Krikit 1,163]

Going to move your thread from the Canada Forum to the Effects of Major Changes on Immigration Benefits forum. You can remove conditions based on a good faith marriage. Good luck.

[JimVaPhuong 4,863]

Hello guys,

I married a US citizen in canada 2 in 2008. I moved to states in 2009. I have a conditional visa, it end in 2011. we are expecting a baby in the fall and i don't think this marriage is going anywhere. What happens to me after the divorce? Will the kick me out or let me because of my kid. I am going to fight for the custody. This is such a nightmare, i should be happy that i am going to be a father and not worry about ####### like divorce/getting kicked out and not being with my child.

There's a bit of misinformation in this thread, so I'll try to clear up some things. If I'm wrong about anything, I'm sure someone else will correct me.

warlord is correct - there is no "conditional visa". What you probably mean is conditional green card. Visas are for visitors. Green cards are for permanent residents - i.e., immigrants. If your conditional green card expires in 2011, then you are required to petition to have the conditions removed in the 90 day period before it expires. If approved, you'll get an unconditional green card valid for 10 years.

There are really only two significant differences between a conditional and unconditional green card. First, the conditional green card is only valid for 2 years, while the unconditional green card is valid for 10 years. Second, your permanent resident status with a conditional green card is based on the "condition" that you remain married to your US citizen spouse. When congress passed the law that created the conditional green card, their intent was to stop "marriage for green card" scams.

Congress understood that not every married couple will live happily ever after, and even sincere marriages can end up on the rocks. So, there is a provision in the law that allows you to petition for an unconditional green card after you've gotten divorced. This provision requires you to prove that you entered the marriage in "good faith" (i.e., NOT just to get a green card). You must submit a copy of the divorce decree (the divorce must be final) before your petition will be approved. USCIS will take a lot of things into account when adjudicating your petition, including how long you were married, and how long you lived together as a married couple before the marriage ended in divorce. The most important thing they will consider is evidence that you actually lived as a married couple; same residence, co-mingled finances, etc.

About your future child - the only way the child could convey any immigration status for you is if you wait until the child is 21 years old. At that point, the child is eligible to petition for it's parents to immigrate to the US. Until then, having a US citizen child will not affect your immigration status whatsoever, nor prevent the US government from deporting you if you lose your immigration status.

[Inky 1,110]

Looking at some of the OPs previous threads - He got a CR1 and he recived his package in June 2009(visa and envelope)

[coraliesolms 47]

Well, immigration and legalities aside. If you have a baby on the way, perhaps you should look into counselling before you dissolve the marriage. Things look horrible sometimes, but sometimes its not as bad as they seem. The thought of being "new parents" can be very daunting, but the truth is that baby needs the 2 of you to give it a go first. REALLY think long and hard about what attracted you guys to eachother, why you loved eachother, and why you got married. Obviously you had something in common and care for eachother or else you would have married and had a baby ( and if you didnt and you did it for a visa, then they should take it away from you). Plan A for you should be to try and save your marriage. What is making you unhappy, what is making her unhappy. Is it that you are having a hard time "adjusting".. think about all of these things before you call it quits. The rest of your life, your wife and your unborn baby are VERY worth it.

[landa 1]

It sounds to me like you're taking your presence in the U.S. for granted. Yes, they have every right to "kick you out" if you can't prove a healthy relationship when it comes to the Removal of Conditions stage.

Your marriage isn't going anywhere, but you're expecting a child? Was the pregnancy planned? You want the child but not the wife?

In any event, there's a high likelihood that they won't want to grant you a ten-year green card, based on your marital instability. Frankly, I wouldn't blame them. It's not a process to be taken lightly.

I am sorry but I don't understand how i am taking my presence in the U.S for granted? The marriage is not going anywhere. I am not physically abused ( i am a guy) but for fure mentally abused. It was planned pregnancy by both us. She has turned out to be a control freak and it is getting worse each day. I cannot take this anymore abuse. I understand I will be a father soon. I feel very guilty for thinking about a divorce but I am not going to live my life with someone who will take away all the happiness away from me. What good will it do if i am in a unhealthy and unhappy relationship.

[landa 1]

I read somewhere that you can do removal of conditions on your own if you can prove you entered into the marriage in good faith.

I'm sure someone with the definitive answer will come along and help you.

Can I remove the conditions now before the 2011 while still married and have not proceeded with the divorce?

[landa 1]

To sum it all up, she doesn't want me to have contact with my family.

Doesn't talk to any of my family members (including my parents) but I have to be nice to her parents or else.....

my family is not allowed visit us. She is very controlling person. after getting to know her family I found out that her mom was the same way, she had done the same thing to her husband what my wife is trying to do to me. I cannot live a shameful life like that. If i am not happy, i will not be a good husband nor a good father. It is better for us to part ways. I have gone through a lot in my life, (car accident in which I was almost killed and with a disability). I can't take anymore stress. For the record, the marriage was in good faith. This was not for green card fraud.

[JimVaPhuong 4,863]

Can I remove the conditions now before the 2011 while still married and have not proceeded with the divorce?

No, probably not. You are required to file the I-751 in the 90 day window before your green card expires, and to do so jointly with your wife. You may file before the 90 day window, but only if you are asking for a waiver of the joint filing requirement. There are only four grounds for a waiver:

1. You married in good faith, but your spouse died.

2. You married in good faith, but the marriage ended in divorce or annulment.

3. You married in good faith, but you've been the victim of abuse or extreme cruelty.

4. Deportation would subject you to extreme hardship.

Methods 1 through 3 require you to provide proof that you entered the marriage in good faith. Method 1 further requires a death certificate. Method 2 requires proof of the termination of the marriage (divorce decree, etc.). Method 3 requires proof of the abuse (police reports, etc.).

Methods 3 and 4 can be done while you're still married.

Method 4 is the most difficult waiver to obtain, by far. USCIS recognizes that deportation is a hardship for anyone. To qualify as an extreme hardship, it must be far beyond what any typical immigrant being deported would have to endure, and it must be the result of something which occurred AFTER you immigrated. For example, you've acquired a deadly disease that can only be treated in the US, or war has broken out in your home country. Being separated from your future child would fall well short of qualifying.

You've still got plenty of time before your conditional green card expires. Why do you want to remove conditions now, while you're still married? I don't understand what advantage this would provide.

[landa 1]

Thanks for the help. Appreciate it. I am lost, What will happen when I get a divorce? Will I have to pay her alimony?? I know i will pay child support. Cufrently my income is from disability. She is making more than I am currently. I am not asking this to avoid paying for support for my child but wondering what is going to happen. The house, I put down substantial amount of money on, but got the mortgage only on her income because at the time I had no ssn or credit history. THe LO added me on the title later on. WHat is going to happen there? I live in california