Divorce Turned Ugly

[StellaB 0]

Hi All. So, my divorce has turned ugly. My verbally abusive husband is now threatening me when it comes to the divorce. I just filed last week and served him. I will be going out of the country for a short while. Do you think he could do something that would stop me from re-entering to finish divorce? Please help.

[himher 634]

If you are holding a valid green card no he cannot do anything to stop you from re-entering the country.

[StellaB 0]

What about when I inform uscis that I have a new address? I am supposed to remove conditions in 6 months. Will this be a problem for my case?

[kzielu 1,149]

What about when I inform uscis that I have a new address? I am supposed to remove conditions in 6 months. Will this be a problem for my case?

You will have to remove conditions as soon as you are divorced.

[StellaB 0]

You will have to remove conditions as soon as you are divorced.

Yes, but can USCIS deport me in the meantime?

[Deputy Purple 1,294]

Yes, but can USCIS deport me in the meantime?

No

[VanessaTony 3,567]

Yes, but can USCIS deport me in the meantime?

Possibly. Technically you will have breached the conditions of your conditional GC once you divorce your spouse (which is why you need to ROC immediately). There has been at least one case where the gentleman was served his divorce papers at the airport (he was avoiding his wife) and he was detained by ICE at the same time. I don't recall the outcome.

So my advice is return before the divorce is final to protect yourself "just in case".

Edited February 4, 2012 by Vanessa&Tony

[RickJovi 81]

Possibly. Technically you will have breached the conditions of your conditional GC once you divorce your spouse (which is why you need to ROC immediately). There has been at least one case where the gentleman was served his divorce papers at the airport (he was avoiding his wife) and he was detained by ICE at the same time. I don't recall the outcome.

So my advice is return before the divorce is final to protect yourself "just in case".

Just because you file for a divorce will not remove conditions of your conditioal green card. You can apply for a waiver 90 days prior to the expiration of your card, but your case will be adjudicated and you will have to appear at USCIS for an interview. You can only have a waiver approved normally under two conditions. 1) If you were abused physically. You had better have police reports and medicals reports or it is just hearsay and not factual. USCIS deals only in facts. 2) You entered the marriage in good faith. Hope you have all the proof of that. Wedding photos are not good enough. Hope that you actually tried to work on saving your marriage and went through marriage counseling, etc... I was used by my ex and I divorced her and submitted all of the evidence I had to her immigration packet. I treated her well but she had a hidden agenda, so I hope she enjoys the U.S. while she can, because on November 2, 2012, unless USCIS approves removal of the conditions from her 2 year conditional green card, she wll have to go back home. She and any other spouse that immigrates and uses the USC does not have or earned the right to stay in the U.S. This is my opinion. A 2 year conditional green card is issued to see if you have a valid marriage before removing conditions, not getting it and then divorcing your husband. Maybe you have a unique case, but mine was cut and dry. I was used. She is already on two dating sites because she knows her days are limited.

Edited February 4, 2012 by RickJovi

[jimmy_lizzy4ever 0]

Just because you file for a divorce will not remove conditions of your conditioal green card. You can apply for a waiver 90 days prior to the expiration of your card, but your case will be adjudicated and you will have to appear at USCIS for an interview. You can only have a waiver approved normally under two conditions. 1) If you were abused physically. You had better have police reports and medicals reports or it is just hearsay and not factual. USCIS deals only in facts. 2) You entered the marriage in good faith. Hope you have all the proof of that. Wedding photos are not good enough. Hope that you actually tried to work on saving your marriage and went through marriage counseling, etc... I was used by my ex and I divorced her and submitted all of the evidence I had to her immigration packet. I treated her well but she had a hidden agenda, so I hope she enjoys the U.S. while she can, because on November 2, 2012, unless USCIS approves removal of the conditions from her 2 year conditional green card, she wll have to go back home. She and any other spouse that immigrates and uses the USC does not have or earned the right to stay in the U.S. This is my opinion. A 2 year conditional green card is issued to see if you have a valid marriage before removing conditions, not getting it and then divorcing your husband. Maybe you have a unique case, but mine was cut and dry. I was used. She is already on two dating sites because she knows her days are limited.

[jimmy_lizzy4ever 0]

You and my husband had the same situation. He treated his ex well but she just married him for immigration purpose but my husband just divorced her and didnt reported her or showed any evidence that she is a user . His ex is still in the US. We are in the process of CR-1 visa and im worried that my husband short marriage to her ex would be a red flag. My husband ex is also filipina. Any opinion about this would be much appreciated.Thanks!

Edited February 4, 2012 by jimmy_lizzy4ever

[pinoygwapo 1]

Just because you file for a divorce will not remove conditions of your conditioal green card. You can apply for a waiver 90 days prior to the expiration of your card, but your case will be adjudicated and you will have to appear at USCIS for an interview. You can only have a waiver approved normally under two conditions. 1) If you were abused physically. You had better have police reports and medicals reports or it is just hearsay and not factual. USCIS deals only in facts. 2) You entered the marriage in good faith. Hope you have all the proof of that. Wedding photos are not good enough. Hope that you actually tried to work on saving your marriage and went through marriage counseling, etc... I was used by my ex and I divorced her and submitted all of the evidence I had to her immigration packet. I treated her well but she had a hidden agenda, so I hope she enjoys the U.S. while she can, because on November 2, 2012, unless USCIS approves removal of the conditions from her 2 year conditional green card, she wll have to go back home. She and any other spouse that immigrates and uses the USC does not have or earned the right to stay in the U.S. This is my opinion. A 2 year conditional green card is issued to see if you have a valid marriage before removing conditions, not getting it and then divorcing your husband. Maybe you have a unique case, but mine was cut and dry. I was used. She is already on two dating sites because she knows her days are limited.

sorry to hear that, Rick. If you care to share, what do you mean by being "used". A relationship is a two-way "train", you get on with the journey or you either wreck the train, then wreck the whole journey. I wouldn't jump into conclusion till we have facts. Sorry, yours seemed not working well.

[pinoygwapo 1]

You and my husband had the same situation. He treated his ex well but she just married him for immigration purpose but my husband just divorced her and didnt reported her or showed any evidence that she is a user . His ex is still in the US. We are in the process of CR-1 visa and im worried that my husband short marriage to her ex would be a red flag. My husband ex is also filipina. Any opinion about this would be much appreciated.Thanks!

Hi Lizzy, if you want to prove to him and to yourself that you are not like your husband's ex-wife, that your intention is to build a family and happiness with him, then, that is commendable and I salute you for that. Though your anxiety towards "the concern" that might cause "red flag" on your case, is just natural, I would also worry, if I were you. But, I am sure during your interview, you have to be genuinely yourself, and tell the truth and you will be, hopefully, forever.

Last piece of advice: Do not fail him this time

[pinoygwapo 1]

Hi All. So, my divorce has turned ugly. My verbally abusive husband is now threatening me when it comes to the divorce. I just filed last week and served him. I will be going out of the country for a short while. Do you think he could do something that would stop me from re-entering to finish divorce? Please help.

Stella, why would he stop you from re-entering and to finish divorce? --- just asking!

[Deputy Purple 1,294]

Just because you file for a divorce will not remove conditions of your conditioal green card. You can apply for a waiver 90 days prior to the expiration of your card, but your case will be adjudicated and you will have to appear at USCIS for an interview. You can only have a waiver approved normally under two conditions. 1) If you were abused physically. You had better have police reports and medicals reports or it is just hearsay and not factual. USCIS deals only in facts. 2) You entered the marriage in good faith. Hope you have all the proof of that. Wedding photos are not good enough. Hope that you actually tried to work on saving your marriage and went through marriage counseling, etc... I was used by my ex and I divorced her and submitted all of the evidence I had to her immigration packet. I treated her well but she had a hidden agenda, so I hope she enjoys the U.S. while she can, because on November 2, 2012, unless USCIS approves removal of the conditions from her 2 year conditional green card, she wll have to go back home. She and any other spouse that immigrates and uses the USC does not have or earned the right to stay in the U.S. This is my opinion. A 2 year conditional green card is issued to see if you have a valid marriage before removing conditions, not getting it and then divorcing your husband. Maybe you have a unique case, but mine was cut and dry. I was used. She is already on two dating sites because she knows her days are limited.

Rick there is some right and wrong in your post:

You are correct that ROC isn't automatic in case of divorce. You are wrong that once divorced you still wait until the 90 day window to file for ROC. Upon divorce the immigrant must immediately file ROC. If USCIS becomes aware of the divorce they will take action to notify the immigrant to either file ROC or leave the country.

You are correct that in order for the divorce waiver to be approved the immigrant must prove the marriage was entered into in good faith. You are wrong saying this requires proof that they attempted to save the marriage. Proof of good faith marriage would be such things as joint accounts and cohabitation, that's it. A bonefide marriage can be broken in a way that leaves one spouse without the desire or will to fix it.

If you notify USCIS of your divorce and provide a copy of the decree then your ex will be required to file for ROC or leave within 30 days.

Edited February 6, 2012 by Bob 4 Anna

[habibi83 12]

Possibly. Technically you will have breached the conditions of your conditional GC once you divorce your spouse (which is why you need to ROC immediately). There has been at least one case where the gentleman was served his divorce papers at the airport (he was avoiding his wife) and he was detained by ICE at the same time. I don't recall the outcome.

So my advice is return before the divorce is final to protect yourself "just in case".