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Hansi

Divorce right after interview

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Hi, I am a German living in the US since four years. In January 2010 I moved in with my current wife. In June 2010 we married. Last we had out interview, and it was very good; I should get in 10-15 days the conditional Green Card.

Sadly, we'd some issues since New Years. At work, a co-worker made advances to her, and she fell for him. They met only three times so far, and he and his family want her to divorce me and marry him. My wife says she still loves me and is honest, and wants this to end in a way not hurting me.

I am, was, here on a F1. I didn't need a that much Green Card, since I worked as a TA with the F1, and was fine with that, but liked to have it. Now however, things are a mess. Besides being betrayed by my wife, I wonder what I should do with the Green Card. Should we divorce a month after the conditional is issued? Wait? How long? Can we cancel the thing?

Thanks indeed for the help!

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Dear Hansi,I'm very very sorry to read ur story :(

I'm not an expert in the green card thru marriage field since I'm filing for AOS at this moment and I'm still learning,but I wanted to share my thoughts on this subject,just my OPINION,nothing more,..I think u should wait(if u can) until u get the permanent green card after 2 yrs.I think the reason they issue a conditional green card to people who haven't been married for long is to see who is marrying an USC just to get the GC and who's not,so in ur case if u guys get a divorce right after the GC they will assume u got married just to become a PR...Please somebody,who's more competent correct me if I'm thinking in a wrong direction.


09-10-13 (day 00) : AOS Package sent

09-12-13 (day 02) : Package delivered

09-17-13 (day 07) : Texts / emails received

09-23-13 (day 13) : Only one NOA hard copy received

10-07-13 (day 27) : NOA hard copy for I 485 received (NOA for I 130 still missing)

10-09-13 (day 29) : Biometrics letter FAXED, appointment for 10-11-13

10-11-13 (day 31) : Biometrics done

10-23-13 (day 43) : Online status changed to "testing and interview"

10-28-13 (day 48) : Interview appointment letter received - Nov 27th

11-12-13 (day 63) : EAD online status changed to "card production"

11-21-13 (day 72) : EAD card received in mail

11-27-13 (day 78) : AOS interview-approved!

12-02-13 (day 83) : "Welcome to America" letter received

12-04-13 (day 85) : Green card received

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Hi, I am a German living in the US since four years. In January 2010 I moved in with my current wife. In June 2010 we married. Last we had out interview, and it was very good; I should get in 10-15 days the conditional Green Card.

Sadly, we'd some issues since New Years. At work, a co-worker made advances to her, and she fell for him. They met only three times so far, and he and his family want her to divorce me and marry him. My wife says she still loves me and is honest, and wants this to end in a way not hurting me.

I am, was, here on a F1. I didn't need a that much Green Card, since I worked as a TA with the F1, and was fine with that, but liked to have it. Now however, things are a mess. Besides being betrayed by my wife, I wonder what I should do with the Green Card. Should we divorce a month after the conditional is issued? Wait? How long? Can we cancel the thing?

Thanks indeed for the help!

You do know it just looks odd. You had a whirlwind romance and got married. Six months later she is in love with someone else to the point that she wants to leave you. After meeting him just three times.

Maybe you can work it out? Why dont you fight for her?


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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You do know it just looks odd. You had a whirlwind romance and got married. Six months later she is in love with someone else to the point that she wants to leave you. After meeting him just three times.

Maybe you can work it out? Why dont you fight for her?

We're together for one and a half years. Marriage was 10 months back. And we're not getting a divorce yet. My wife is being banged by another guy, and she wants that; but marriage is sacred to me, and I try my best. I just wanted to know all eventualities. In particular, how this event can affect future marriages, i.e. AOS. I'm still determined to remain married, since this whole affair is not even two weeks old, but it is very unclear and disturbing at the moment.

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Dear Hansi,I'm very very sorry to read ur story :(

I'm not an expert in the green card thru marriage field since I'm filing for AOS at this moment and I'm still learning,but I wanted to share my thoughts on this subject,just my OPINION,nothing more,..I think u should wait(if u can) until u get the permanent green card after 2 yrs.I think the reason they issue a conditional green card to people who haven't been married for long is to see who is marrying an USC just to get the GC and who's not,so in ur case if u guys get a divorce right after the GC they will assume u got married just to become a PR...Please somebody,who's more competent correct me if I'm thinking in a wrong direction.

Wait for what? his wife wants to end the marriage and marry someone else, probably he should tell his wife to wait 2 years before proceeding which she might decline, this is a romantic battle which the OP is losing BIG TIME.

He will be able to remove condition on his residence as long as he entered the marriage in good faith.

Edited by katiemanny

AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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We're together for one and a half years. Marriage was 10 months back. And we're not getting a divorce yet. My wife is being banged by another guy, and she wants that; but marriage is sacred to me, and I try my best. I just wanted to know all eventualities. In particular, how this event can affect future marriages, i.e. AOS. I'm still determined to remain married, since this whole affair is not even two weeks old, but it is very unclear and disturbing at the moment.

Adultery is forbidden in marriage, so if marriage is sacred to you. Maybe its time to let this go and marry someone that will respect you and not let anyone bang her other than her husband :wacko:


AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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Wait for what? his wife wants to end the marriage and marry someone else, probably he should tell his wife to wait 2 years before proceeding which she might decline, this is a romantic battle which the OP is losing BIG TIME.

He will be able to remove condition on his residence as long as he entered the marriage in good faith.

what do u mean 'wait for what?' u need to read my post again cause I basically said the same thing u r saying,they should wait(if possible) and get divorced after the 2yrs,instead of doing it right after the GC..And again this is my OPINION only.


09-10-13 (day 00) : AOS Package sent

09-12-13 (day 02) : Package delivered

09-17-13 (day 07) : Texts / emails received

09-23-13 (day 13) : Only one NOA hard copy received

10-07-13 (day 27) : NOA hard copy for I 485 received (NOA for I 130 still missing)

10-09-13 (day 29) : Biometrics letter FAXED, appointment for 10-11-13

10-11-13 (day 31) : Biometrics done

10-23-13 (day 43) : Online status changed to "testing and interview"

10-28-13 (day 48) : Interview appointment letter received - Nov 27th

11-12-13 (day 63) : EAD online status changed to "card production"

11-21-13 (day 72) : EAD card received in mail

11-27-13 (day 78) : AOS interview-approved!

12-02-13 (day 83) : "Welcome to America" letter received

12-04-13 (day 85) : Green card received

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you will lose your conditional green card if you get a divorce before the 2 year probation period ends

tell her that she needs to stay married with you two year starting from the conditional green card's issue date.


09/01/2002 - Came to USA on an F-1

-
03/11/2011 - (Day 01) - AOs Package Delivered

08/08/2011 - (Day 150) - Green Card arrived

-

04/30/2013 - (Day 00) - I-751 Package Sent

05/01/2013 - (Day 01) - I-751 Package Delivered

01/16/2014 - (Day 261) - I-751 Interview, verbal approval on the spot

04/08/2014 - (Day 343) - I-751 Approved

-

04/28/2014 - (Day 00) - N-400 Package Sent

04/30/2014 - (Day 01) - N-400 Package Delivered

05/03/2014 - (Day 04) - NOA Receipt Date

05/27/2014 - (Day 29) - Walk-In Biometrics (original date was 06/04/2014)

06/27/2014 - (Day 60) - In Line for Interviewing

10/06/2014 - (Day 102) - Interview in Long Island City Field Office, Result: RFE given

10/06/2014 - (Day 102) - Responded RFE

01/23/2015 - (Day 211) - Naturalization Oath Ceremony

01/23/2015 - (Day 211) - US Citizen

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you will lose your conditional green card if you get a divorce before the 2 year probation period ends

tell her that she needs to stay married with you two year starting from the conditional green card's issue date.

He will not lose his green card if the marriage was in good faith.

He can file for divorce and then file a waiver when it is time to remove conditions.

As long as the marriage was legit then there is no reason that he will have a problem removing conditions.

To the OP--let her be the one to file.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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He will not lose his green card if the marriage was in good faith.

He can file for divorce and then file a waiver when it is time to remove conditions.

As long as the marriage was legit then there is no reason that he will have a problem removing conditions.

To the OP--let her be the one to file.

This is correct.

However, I would divorce her immediately - and then file for ROC as soon as the ink hits the final decree. (indeed, you are required to do so when you divorce, not wait the the 2 year period).

Adultery is a very good reason to get a divorce.

All you would need to do is to prove that the marriage was entered in good faith, and not for immigration purposes.

You may want to check the status of your F-1 - sometimes, when you are granted a green card, your previous status/visa is no longer relevant.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Hansi,

I don't feel like writing an essay here, so here's what I would do if I were in your shoes.

Wait for your Green Card to arrive and when the time comes that things get really ugly, separate from your wife for some time. Let her figure out what to do and even allow her to come to her senses. This will also allow you to clear your head without having to think about immigration issues day in, day out. You have time. How much time? Simple: your divorce needs to be final by the time you have to file for Removal of Conditions, so basically in about 2 years from now, slightly simplified stated.

The rules are simple: you must file not later than when your Green Card expires; you need to file once your divorce is final.

If you are not divorced by the time you need to file, you can file your I-751 when you are still married yet separated, but it cannot be adjudicated until the divorce is final. This has potential for a lot of headaches, hence you want to be divorced in not more than 2 years from now. You will file the I-751 with a waiver. You'll have to prove that you entered the marriage in good faith. You do that by submitting evidence of a life together until you two split. If you can pull that off, and you should, then your I-751 will be approved and you'll get an unconditional, 10-year Green Card.

I have no statistics about this, but word of mouth is that a large portion of ROC petitions that are filed with a waiver are being approved.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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I don't think you should try to stay married two years for the sake of GC. You can't force her and it's not fair to you to stay in a marriage with someone that has shown no respect for your vows.

I suggest going to marriage counseling or to a pastor/priest/rabbi that can provide help. Tell your wife it is the least she can agree to. Who knows maybe you can reconcile and everything can go on as planned. If not, you have one more evidenc when you file your waiver that your marriage was bona fide but it simply didn't work out.

Good luck

I don't think you should try to stay married two years for the sake of GC. You can't force her and it's not fair to you to stay in a marriage with someone that has shown no respect for your vows.

I suggest going to marriage counseling or to a pastor/priest/rabbi that can provide help. Tell your wife it is the least she can agree to. Who knows maybe you can reconcile and everything can go on as planned. If not, you have one more evidenc when you file your waiver that your marriage was bona fide but it simply didn't work out.

Good luck


Our visa journey:

07/18/11 :: Day 000 Package received at Chicago Lockbox

07/20/11 :: Day 002 Received email/text message notification

07/26/11 :: Day 008 Received Hard Copy NOA1 (I-485 & I-765)

08/12/11 :: Day 025 Received Biometrics Appointment

08/19/11 :: Day 032 Biometrics appointment 11am

09/13/11 :: Day 057 EAD Card Production Ordered

09/19/11 :: Day 063 EAD Card Sent

09/22/11 :: Day 065 USPS left notice couldn't deliver EAD (at old address)

10/07/11 :: Day 081 Appointment letter sent

10/11/11 :: Day 085 Appointment letter received (at new address)

10/13/11 :: Day 087 Congressman's office got tracking number of EAD

10/21/11 :: Day 101 EAD sent back to USCIS

10/25/11 :: Day 105 EAD resent (current address)

10/27/11 :: Day 107 EAD Card Received

11/16/11 :: Day 121 Interview - Approved and card production ordered!

11/25/11 :: Day 130 GC arrived in the mail

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Thank you all for the advice. My wife will move out very soon. I hope she'll come to her senses then; once she's out there on her own. She will live with two, male, co-workers. If nothing changes then, I guess then this was it. Dunno about divorce, but two years like this are out of question.

I understand if we divorce, the only thing to do is to tell USCIS that it was in good faith, and I'll get the conditions on the Green Card removed? It looks a bit too easy; rather than waiting two years that way I could get the card in two months. Looks kinda wrong, doesn't it?

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Thank you all for the advice. My wife will move out very soon. I hope she'll come to her senses then; once she's out there on her own. She will live with two, male, co-workers. If nothing changes then, I guess then this was it. Dunno about divorce, but two years like this are out of question.

I understand if we divorce, the only thing to do is to tell USCIS that it was in good faith, and I'll get the conditions on the Green Card removed? It looks a bit too easy; rather than waiting two years that way I could get the card in two months. Looks kinda wrong, doesn't it?

No - letting your wife live with 2 male co-workers while married to you looks wrong.

Yes - if you get married, you file for the ROC yourself - proving the marriage was "entered" in good faith is all USCIS is interested in.

Easy? it could be - or it could be hard - but I would rather try than live with a woman that does what your "wife" is doing.

sh*t happens, now it's up to you, if your going to wipe it off your shoes and move on or do nothing and hope that it gets better down the line...


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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