Adjusting status and wanting to divorce

[Lostandinlove 0]

Thanks everybody for your help. I came on a K1 visa this year, I got married, to find out soon after that my husband was having a relationship with a woman since before we started chatting. I confronted him and he accepted it and he says he will keep doing it either I like it or not. This situation is not was I expected, of course, and makes me feel pretty uncomfortable. My daughter is in school now, this was a big change to her, coming to live here, and I don't want to take her out now. I am about to receive my EAD so I will start working. I dont want to go back to where I come from, this place has so many more opportunities for my daughter and for myself, and I have the following question. Can I stay here if I get a divorce? I understand I have to be married by the time I remove conditions, is that correct? That would mean that I would have to stay married and get along as much as possible, but I will do it if that is what I have to. Please give me some advice, I'm really lost. Thanks...

[Inky 1,111]

If you cant stay married, he wont stop cheating and you entered the marriage in good faith all you need is proof of good faith marriage.

You can divorce when you have your green card and file removal of conditions with a waiver for your 10 year card. You do not have to stay married to file removal of conditions.

[Lostandinlove 0]

proof of good faith marriage but i cant divorce now, can I? I would have to wait for two years?

[ceadsearc 516]

If you have your green card you can divorce and immediately file for ROC with a divorce waiver. You'll have to provide evidence you entered into the marriage in good faith.

If you don't have your green card yet you can hope you get approved without an interview. If you do get an interview and lie about the state of your marriage youre asking for a world of trouble.

[VanessaTony 3,567]

What you are proposing is staying married to someone to gain immigration benefits. This is fraud. I understand you don't want to uproot your daughter but your relationship isn't working.

You have the choice of TRYING to fix your relationship. He can pull his I-864 and your GC application would be denied and you would have to go home.

If he doesn't do that then you will either get the GC without interview (which is possible when AOSing from a k1), OR you will get called for interview. If you lie at the interview you are guilty of misrepresentation and would be denied and deported with a lifetime ban.

It is of course totally up to you but as what you are proposing to do (stay together simply to gain the immigration benefit) is fraud and advising you in committing fraud is a breach of VJ TOS my advice is to divorce and go back to your home country. Also, do you really think you can afford to stay here? I know I couldn't. You aren't eligible for assistance from the government and he doesn't actually have to give you any money. While the US might offer more "chances" for your child, living in poverty, struggling isn't a life. I know going back home would be a better choice for me. I would have family support and that's important.

[jojolicious 38]

You should wait to see if you get an interview letter and then you will be able to see more clearly what your options are.

Taking your daughter out of school one more time is not such a big deal in the grand scheme of things...

[kcoyclay1 98]

Thanks everybody for your help. I came on a K1 visa this year, I got married, to find out soon after that my husband was having a relationship with a woman since before we started chatting. I confronted him and he accepted it and he says he will keep doing it either I like it or not. This situation is not was I expected, of course, and makes me feel pretty uncomfortable. My daughter is in school now, this was a big change to her, coming to live here, and I don't want to take her out now. I am about to receive my EAD so I will start working. I dont want to go back to where I come from, this place has so many more opportunities for my daughter and for myself, and I have the following question. Can I stay here if I get a divorce? I understand I have to be married by the time I remove conditions, is that correct? That would mean that I would have to stay married and get along as much as possible, but I will do it if that is what I have to. Please give me some advice, I'm really lost. Thanks...

This is so sad; especially because your husband knows that you are relying on him for your stay here in the US. I know how traumatic it can be to uproot a child and relocate; this happens even in an excellent marriage. My heart goes out to you. I will pray for your marriage and hope that your husband will think about his cheating lifestyle. You stated that he was in this relationship before you started chatting; this is not good. However, made the decision to marry you. I hope that things will change for the better. All the best for the New Year.

Karen

[Tim/Mav 305]

Thanks everybody for your help. I came on a K1 visa this year, I got married, to find out soon after that my husband was having a relationship with a woman since before we started chatting. I confronted him and he accepted it and he says he will keep doing it either I like it or not. This situation is not was I expected, of course, and makes me feel pretty uncomfortable. My daughter is in school now, this was a big change to her, coming to live here, and I don't want to take her out now. I am about to receive my EAD so I will start working. I dont want to go back to where I come from, this place has so many more opportunities for my daughter and for myself, and I have the following question. Can I stay here if I get a divorce? I understand I have to be married by the time I remove conditions, is that correct? That would mean that I would have to stay married and get along as much as possible, but I will do it if that is what I have to. Please give me some advice, I'm really lost. Thanks...

I will agree with Vanessa and Tony's Comment.

There are 2 sides to every story but your indications here are: Just stay married and when the time is right LEAVE. An EAD/Green Card does not mean you have a job and can go back on the Affidavite of Support after you completed this playing this game.

If your husband had an Attorney and Copied and Pasted Your Post/ Or he could do himself and printed this. (Which VJ is a Public Forum) That won't look good at all.

[Joandjo 20]

I will agree with Vanessa and Tony's Comment.

There are 2 sides to every story but your indications here are: Just stay married and when the time is right LEAVE. An EAD/Green Card does not mean you have a job and can go back on the Affidavite of Support after you completed this playing this game.

If your husband had an Attorney and Copied and Pasted Your Post/ Or he could do himself and printed this. (Which VJ is a Public Forum) That won't look good at all.

I agree with this post. Ask to have it removed then get your guidance form Private emails and guard the security of them. Take care of yourself and your daughter, just do the next right thing when faced with a choice!

[Philippiniana2011 0]

Your situation is not far from me and a friend of mine.actually yours is closer to my friend..My 1st marriage his my petitioner thru K1 to we just broke up after i filed I-751.His not cheating but im in abusive relationship he physically and mentally abuse me since we got married.i stay with him i thought he will change but he didnt..i excape from him and his threating me and end up saying his going to kill me so i call a police and report..to make my story short he divorce without knowing i filed my own petition for i751 got approved..now i was pass the citizenship just waiting for oath..by the way my friend her husband cheat to thru internet she stay with him tolerating what his doing maybe he will change gather a lot of evidence that his cheating after a couple of years w/him.he still didnt change, she file divorce on him and use all the evidence she got against him as ground for divorce and for i751 petition for herself.Got her LPR.If i where you just stay as long his not laying his hands on you and your kid. Actually, its really a burden to u and ur kid to go home because u will feel ashame to face your relative and friends that your marriage didnt work. my advice is gather all the evidence u can get about his cheating thing..and if he lay his hand on u call a cops and report..he cant touch u.

[tine71 12]

If you have your green card you can divorce and immediately file for ROC with a divorce waiver. You'll have to provide evidence you entered into the marriage in good faith.

If you don't have your green card yet you can hope you get approved without an interview. If you do get an interview and lie about the state of your marriage youre asking for a world of trouble.

Hello,

I would like to ask, what kind of documents can she provide as an evidence that she entered into the marriage in good faith? can anyone give some info?

Thank you

Edited December 29, 2011 by tine71

[Deputy Purple 1,294]

I would like to ask, what kind of documents can she provide as an evidence that she entered into the marriage in good faith? can anyone give some info?

The Big 2 for USCIS are co-habitation & co-mingling of finances so anything that proves they lived together and had joint financial accounts.

[GnBnL 50]

So sorry for your situation. I agree with whoever said pulling your daughter out of school would not be the most horrible thing. Especially if she is young! Kids are resilient and whatever is best for everyone is what you should choose. I wish you the best and I hope everything works out well for you.

[tine71 12]

The Big 2 for USCIS are co-habitation & co-mingling of finances so anything that proves they lived together and had joint financial accounts.

Thank you Bob 4 Anna for your quick reply, I was married for 14 yrs, got divorced and remarried again last year, now I am in the process to bring my wife to the US, I was wondering if I can attach a letter alone with the I-130 explaining my previous marriage letting them know that I was married in good faith ( I have 2 children from my first marriage)

Any thoughts?

[ceadsearc 516]

Thank you Bob 4 Anna for your quick reply, I was married for 14 yrs, got divorced and remarried again last year, now I am in the process to bring my wife to the US, I was wondering if I can attach a letter alone with the I-130 explaining my previous marriage letting them know that I was married in good faith ( I have 2 children from my first marriage)

Any thoughts?

Are you a USC? LPR? Did you obtain residency in the US through your previous spouse? While you might be questioned about your previous marriage you probably won't need to provide any evidence of good faith in your previous marriage unless there is more to this story, like you currently have a conditional green card.