Divorce and Re-Marriage Before Removal of Conditions

[leslie68 0]

Please Expert Advice Needed - NOW. My good friend entered into a marriage in good faith in 08 (came to the USA with a K1 visa in 2008) Shortly after the marriage, it became clear that his wife was not as she presented herself. His wife suffers from a mental illness and is physically abusive to him. For the length of the marriage (almost 2 years) he has been subject to violence and physical harm while she has destroyed property and had a hospital admission for the treatment of mental illness. This stay revealed that his wife suffers from Borderline Personality Disorder, Mood Adjustment Disorder, Major Depression and Anxiety. Her husband took pride in his vows and assisted her in building her self esteem, improving her physical health and even helping her get a job and practicing to earn her drivers license. He was subject to her false allegations of physical abuse which she later admitted to the police was that she lied. Despite all of his endless good faith efforts, her mood swings and instability has him living in fear. The doctors treating her commented to his committment and advised him to leave and to leave now. He has left the marital residence for his own personal safety at this time. He has evidence of his good faith marriage - endless streams of paperwork along with physicians reports of his support of his wife. Evidence has also been obtained from the hospital regarding her instability, physical aggression and mental illness. The question I present to the forum is this - he now wishes to get divorced before his green card expires in May 2011 and file for removal of conditions. He is afraid of immigration deporting him back to his country. In addition, he wishes to remarry before he applies for a new green card. Will this create a problem and what is the BEST way to accomplish this while insuring he retains his Green Card status? Your input on this complex matter is truly appreciated.

Edited May 21, 2010 by leslie68

[milimelo 4,194]

Please Expert Advice Needed - NOW. My good friend entered into a marriage in good faith in 08 (came to the USA with a K1 visa in 2008) Shortly after the marriage, it became clear that his wife was not as she presented herself. His wife suffers from a mental illness and is physically abusive to him. For the length of the marriage (almost 2 years) he has been subject to violence and physical harm while she has destroyed property and had a hospital admission for the treatment of mental illness. This stay revealed that his wife suffers from Borderline Personality Disorder, Mood Adjustment Disorder, Major Depression and Anxiety. Her husband took pride in his vows and assisted her in building her self esteem, improving her physical health and even helping her get a job and practicing to earn her drivers license. He was subject to her false allegations of physical abuse which she later admitted to the police was that she lied. Despite all of his endless good faith efforts, her mood swings and instability has him living in fear. The doctors treating her commented to his committment and advised him to leave and to leave now. He has left the marital residence for his own personal safety at this time. He has evidence of his good faith marriage - endless streams of paperwork along with physicians reports of his support of his wife. Evidence has also been obtained from the hospital regarding her instability, physical aggression and mental illness. The question I present to the forum is this - he now wishes to get divorced before his green card expires in May 2011 and file for removal of conditions. He is afraid of immigration deporting him back to his country. In addition, he wishes to remarry before he applies for a new green card. Will this create a problem and what is the BEST way to accomplish this while insuring he retains his Green Card status? Your input on this complex matter is truly appreciated.

He can get a divorce and file for I-751 on his on - using the marriage was entered into with good faith waiver - he obviously has the evidence to support this.

I'd say defer re-marriage until he has 10-year green card in his hands as it could possibly raise red flags. Also, he can't remarry before he has the divorce final.

[Darnell 8,478]

divorce first, file roc with waiver after divorce decree in hand. (order is important, here)

DO NOT marry again until ROC is successful (ie - new green card in hand).

somewhere in my fuzzy brain, this is a repeat topic, almost verbatim - anyone see this exact same post in the last 5 months?

[LIFE'SJOURNEY 970]

YES, the writting style is the same of the autor with the topic - married and his wife drinks, so he wants a divorce. This is either a troll, or someone searchig for ways to obtain a GC, by false pre-tense.