Divorce Before 2yr Mark - My Options?

[byg4857 1]

Hey Everyone

I hope that some of you on here can help me shed some light on this matter, not quite sure where else to turn to at the moment.

I married a US citizen in July 2008 and everything was PERFECT!! We even broke records at the US Embassy in the UK for our filing for the K1 visa application - thats how much evidence we had to support our relationship. After moving over i set about starting my new life with my new wife, we had known each other for 3years at this point.

Over time, things started to change. My wife began to have difficulty with a lot of work issues and over the space of a year completely changed as a person and had some real issues that had to be sorted out. The relationship suffered and i moved out for a time. Soon after we went through months of counseling with her to help her through these issues. I never moved back in with her, but kept supporting her through her hard times with sorting herself out. Its been over 9months since we lived together and have tried to get back together 4 times. Everything is good for a month, but then it seems we are now different people after our hard times and it keeps failing.

She now says she wants a divorce, and with that has turned my life upside down. I always thought we would work it out, but it seems her mind is made up after a month of trying to reason with her.

I left my family and my life in my own country to be with her, and started my own business over in the US. I have great friends and a great way of life here that i never expected to have so quickly. If i can, i would rather stay here and continue my life - who knows maybe even see where things go with my soon to be ex-wife after the craziness settles.

I have read that i can file for my 10yr by myself? IS this the case? If so, what is the process i must now follow?

What do i need from my wife for this to happen? Is it just easier to get a good immigration lawyer and go from there?

Any help that anyone can offer on this will be much appreciated!

Many Thanks In Advance!!

[Naijabound 1]

Edited May 4, 2010 by Naijabound

[TracyTN 237]

http://www.visajourney.com/faq/k1k2visa-removeconditions.html#7.11

[payxibka 10,044]

self-petition via the I-751. It used to be you needed to wait for the divorce to be final, but that may not always be the case anymore.

[John and Camie 39]

This is why I don't go on VJ much anymore. I will NEVER understand the need to be rude when someone asks a question, EVEN IF it's already been addressed elsewhere.

byg4857, I'm sorry for what you're going through, hun. I'm sure you'll get the help you need here. None of us are in your situation, and I'm sure it's daunting and you probably can't even think straight.

I hope you get things sorted out; best of luck to you.

[byg4857 1]

This is why I don't go on VJ much anymore. I will NEVER understand the need to be rude when someone asks a question, EVEN IF it's already been addressed elsewhere.

byg4857, I'm sorry for what you're going through, hun. I'm sure you'll get the help you need here. None of us are in your situation, and I'm sure it's daunting and you probably can't even think straight.

I hope you get things sorted out; best of luck to you.

Thanks for the support!! Not bothered by the first post, for every idiot there are a million normal people Thanks again! Feeling a little better.....

[TracyTN 237]

This is why I don't go on VJ much anymore. I will NEVER understand the need to be rude when someone asks a question, EVEN IF it's already been addressed elsewhere.

I didn't get the point of the sarcastic either - so you're not alone.

Hope the link I provided is helpful. Also read the instructions on the I 751 - they also cover this situation.

[ValerieA 350]

Just a thought - a note from your marriage counselor that you did go through that process should go a long ways to proving a marriage in good faith.

[Okalian 41]

Just a thought - a note from your marriage counselor that you did go through that process should go a long ways to proving a marriage in good faith.

Agreed. That's what i did too, one of my notarized affidavits was from our marriage counselor. Praise God, my waiver was approved at VSC in 3 months without a lawyer, an interview or RFE.

I believe they look at the counseling letter as a BIG sign of good faith since you're trying to make things work, not just someone who got excited about getting a GC and doesn't care anymore about his/her marriage.

[byg4857 1]

Agreed. That's what i did too, one of my notarized affidavits was from our marriage counselor. Praise God, my waiver was approved at VSC in 3 months without a lawyer, an interview or RFE.

I believe they look at the counseling letter as a BIG sign of good faith since you're trying to make things work, not just someone who got excited about getting a GC and doesn't care anymore about his/her marriage.

Oh totally, i spent a lot of time helping her through the counseling process. Immigration was just part of wanting to be with her you know, but now my life is here and it would be more traumatic to go back than to continue things here. And like i say, you never know what might happen with her later on down the road....

Thanks for the post!

[belgacem 0]

HI

I have been in your shoes before, the only obtion you have if things did not work out between you and your wife is the following, after your divorce is final go ahead and file to remove condition on the ground that you entered the marriage in good faith, but it ended with divorce, in this case you have to prove that your marriage was in good faith, you can do so by providing any thing or documents proving that you guys had a life together such as: joint bank account, life insurance policy, lease or mortgage with both names, wedding pics, tax return that you filed jointly, notorized affedavit from friends/ family stating for how long they knew you guys, and that they knew you as a married couple, letters or greeting cards sent to you and her from her family member, birth certeficate of children if there is any. this list is not all there other things you can find the more the better in your case. I posted a thread about a year and a half ago in visa journey I listed in it all the documents I sent with my application. Just one advice I think it will help you to have an immigration lawyer take care of your application, I really knew I was able to do it my self but just to give my self some peace of mind I hired a lawyer, he at least will make sure you have all the documents needed sent so you dont have to go through the interview, they will just approve your application without intervie. PS you can not file untill your divorce is final,when you apply you will be granted a one year extention immidiately pending your application.

GOOD LUCK

[byg4857 1]

HI

I have been in your shoes before, the only obtion you have if things did not work out between you and your wife is the following, after your divorce is final go ahead and file to remove condition on the ground that you entered the marriage in good faith, but it ended with divorce, in this case you have to prove that your marriage was in good faith, you can do so by providing any thing or documents proving that you guys had a life together such as: joint bank account, life insurance policy, lease or mortgage with both names, wedding pics, tax return that you filed jointly, notorized affedavit from friends/ family stating for how long they knew you guys, and that they knew you as a married couple, letters or greeting cards sent to you and her from her family member, birth certeficate of children if there is any. this list is not all there other things you can find the more the better in your case. I posted a thread about a year and a half ago in visa journey I listed in it all the documents I sent with my application. Just one advice I think it will help you to have an immigration lawyer take care of your application, I really knew I was able to do it my self but just to give my self some peace of mind I hired a lawyer, he at least will make sure you have all the documents needed sent so you dont have to go through the interview, they will just approve your application without intervie. PS you can not file untill your divorce is final,when you apply you will be granted a one year extention immidiately pending your application.

GOOD LUCK

Thanks so much for this!!! I have so many things that support the relationship. We even went on a vacation with each other for a week a few months back to see if that would help us. I have a good immigration lawyer, i have done every other application myself up until now, but i think i will use her this time around.

Once again, thanks for the post!!!!

[JimVaPhuong 4,863]

PS you can not file untill your divorce is final,when you apply you will be granted a one year extention immidiately pending your application.

GOOD LUCK

As payxibka alluded to previously, this is no longer true. USCIS used to routinely deny an I-751 filed with a divorce waiver request if a copy of the divorce decree was not included. They changed that policy last year. Now they will send an RFE for the divorce decree at the time the I-751 is adjudicated, which is likely to be several months after it is sent. If a copy of the divorce decree can be submitted in response to the RFE then they'll continue processing the I-751. Otherwise, they'll begin removal proceedings. When it gets to the point of a hearing with an immigration judge you can ask for the proceedings to be postponed until the divorce can be settled.

So, while it's true that they won't approve the I-751 without a copy of the divorce decree, you should still file before the conditional green card has expired. This will protect your status and give you a little more time to get the divorce finalized.

[byg4857 1]

Whats the procedure for this? Do i have to follow through with a divorce before the filing of the I-175?

Whats the best way to do it so that i follow procedure with the US Immigration?

Thanks!!!

[Brother Hesekiel 2,235]

You need to be focused, because your future in the US of A depends on it. Try not to make any mistakes when it comes to immigration.

The form's name is I-751.

Ideally, you are already divorced by the time you file. If you are not divorced by the time your Green Card is about to expire, file the I-751 nonetheless. I suggest you file it about 10 days before your Green Card expires. This way USCIS gets your application in time.

USCIS will send you a NOA1, which means that they have received your application. Once they look though it, which could be immediately or a bit later, and realize that you have not included a divorce decree, they will send you a RFE, asking for it. If you are still not divorced by that time, you will have a few more weeks, depending on how much time USCIS gives you to provide said decree.

If even after that time you are still not divorced, you will be given an appointment in front of an immigration judge. If that time comes, we'll take about 'what if' scenarios in more detail.

For now, try to get divorced quickly, and collect evidence that you entered the marriage in good faith.