Facing separation/divorce - do I have the option to stay?

[kiwi25 3]

Hey guys - hope this is the right thread for this..

My wife and I were married almost a year ago, and my AOS was approved in November 2011. Things were going amazing until last month when I found out my wife was having an affair. It has been crushing to say the least but I am trying to keep my head up, and to move on with my life. I still love her with all my heart but I can't repair the damage that has been done. Before I do anything drastic I wanted to check if I will still have the option to stay in the USA if I file for divorce. Obviously we're not going to try and fake a happy marriage for the sake of a green card, but I love my job (who were kind enough to transfer me to a different location a few hours away for the sake of my mental health) and have made some great friends that are really helping me from losing my mind right now. I would really like to stay and live in the USA. Is that an option?

These forums are constantly saving me from the worst situations, and you guys are amazing! Sorry to make such a downer thread but that's life I guess.

Any help would be greatly appreciated,

Matt

[Freighthouse 10]

I am sorry to hear about that. I hope you are OK dude.

[dwheels76 5,463]

Well you already did the hard part AOS. This isn't a got to pack and go kind of thing. I am so sorry for your hurt. But am so glad you have adjusted and made friends and WOW what a great job to move you and all.

I am no expert, so don't let me lead you astray as to who to call or what. But I know some experts will come along and guide you. I just wanted to pop in and lend a hand on your shoulder and say God Bless you. It is well.

[del-2-5-2014 1,339]

Hey guys - hope this is the right thread for this..

My wife and I were married almost a year ago, and my AOS was approved in November 2011. Things were going amazing until last month when I found out my wife was having an affair. It has been crushing to say the least but I am trying to keep my head up, and to move on with my life. I still love her with all my heart but I can't repair the damage that has been done. Before I do anything drastic I wanted to check if I will still have the option to stay in the USA if I file for divorce. Obviously we're not going to try and fake a happy marriage for the sake of a green card, but I love my job (who were kind enough to transfer me to a different location a few hours away for the sake of my mental health) and have made some great friends that are really helping me from losing my mind right now. I would really like to stay and live in the USA. Is that an option?

These forums are constantly saving me from the worst situations, and you guys are amazing! Sorry to make such a downer thread but that's life I guess.

Any help would be greatly appreciated,

Matt

I am not an expert but from what I have read, it seems as if as long as you can demonstrate that you entered the marraige in genuine intention then you should be okay post divorce to remove conditions. Please do more research but don't start making plans to leave the country.

I would get proof of the affair, proof of marriage, joint account statement, realty contracts and such. That your employer was aware and actually lent a helping hand are all positives.

Best of luck Mate and even though you may not see it now, she did you a favor in the timing.

[Anh map 2,098]

Hey guys - hope this is the right thread for this..

My wife and I were married almost a year ago, and my AOS was approved in November 2011. Things were going amazing until last month when I found out my wife was having an affair. It has been crushing to say the least but I am trying to keep my head up, and to move on with my life. I still love her with all my heart but I can't repair the damage that has been done. Before I do anything drastic I wanted to check if I will still have the option to stay in the USA if I file for divorce. Obviously we're not going to try and fake a happy marriage for the sake of a green card, but I love my job (who were kind enough to transfer me to a different location a few hours away for the sake of my mental health) and have made some great friends that are really helping me from losing my mind right now. I would really like to stay and live in the USA. Is that an option?

These forums are constantly saving me from the worst situations, and you guys are amazing! Sorry to make such a downer thread but that's life I guess.

Any help would be greatly appreciated,

Matt

You have your GC, this will not change your status. File for divorce and when that is final you can apply to remove conditions.

[naija_boy 0]

o. . Sorry to hear that, may God be with u dude

[Pinkrlion 2,612]

Sorry to hear this, but you are OK to divorce and apply for ROC. Your friends will have to complete affidavits stating they knew the marriage was genuine, and real.

[kiwi25 3]

Thanks for the kind words, I really love everybody in these forums!

I am going to get through this. It seems like I have some options, which is great news. Her family have said they will do anything to help as well, so I suppose their testimony would come in handy in proving the marriage was genuine and I acted in good faith. Would it be wise to schedule an infopass appointment? Or would it cost me to disclose all this information to the USCIS so soon? I don't want to compromise my status unintentionally..

[Anh map 2,098]

Thanks for the kind words, I really love everybody in these forums!

I am going to get through this. It seems like I have some options, which is great news. Her family have said they will do anything to help as well, so I suppose their testimony would come in handy in proving the marriage was genuine and I acted in good faith. Would it be wise to schedule an infopass appointment? Or would it cost me to disclose all this information to the USCIS so soon? I don't want to compromise my status unintentionally..

You don't need to inform USCIS of this. Doesn't change your status. When the divorce is final you are eligible to apply to remove conditions.

[LeoLaLit 2]

Thanks for the kind words, I really love everybody in these forums!

I am going to get through this. It seems like I have some options, which is great news. Her family have said they will do anything to help as well, so I suppose their testimony would come in handy in proving the marriage was genuine and I acted in good faith. Would it be wise to schedule an infopass appointment? Or would it cost me to disclose all this information to the USCIS so soon? I don't want to compromise my status unintentionally..

Sorry to hear that dude. Since you're GC is valid for another year or so, you can definitely stay here in the US. Once your window opens, file for ROC. But it's best to take that offer from her family and get their testimonies now -- you'll never know what happens once that divorce proceeding start, it might get ugly and her family may no longer extend that offer when you need it... Best of luck to you.

[VanessaTony 3,567]

Your GC was approved Nov 2011 which means it shouldn't expire until Nov 2013 this gives you plenty of time.

First off, NO, getting divorced doesn't mean you have to go home. You do not report this to USCIS what you DO need to do is file ROC as soon as your divorce is final. ROC will be filed by ticking the "I entered the marriage in good faith but it ended" (something like that) box and send the same relationship evidence you have that you would have sent with ROC. Proof of the affair is not required but you can send a declaration of sorts if you like outlining you finding out about the affair etc etc.

So basically:

1. File for divorce

2. Wait for divorce to be final OR wait for the 90 day filing window (whichever comes first)

3. File ROC

[Sandra G. 5,023]

You will be ok, but get all proof you can before you leave the house, bank statements, utilities bill,pictures, etc...After your divorce file form I-751, and get some affidavits (notarized)from family and friends stating your relationship was genuine. If you can prove she was cheating on you do not forget to submit the evidences tho, it will help your case a lot!. Love the ones who treat you right, forget the ones who don’t. Good luck.

[del-2-5-2014 1,339]

You will be ok, but get all proof you can before you leave the house, bank statements, utilities bill,pictures, etc...After your divorce file form I-751, and get some affidavits (notarized)from family and friends stating your relationship was genuine. If you can prove she was cheating on you do not forget to submit the evidences tho, it will help your case a lot!. Love the ones who treat you right, forget the ones who don't. Good luck.

[manilaboy83 9]

We have the same situation.. Mine is kind of worse as my wife is crazy and abandoned me. I got my gc october 2011.. Maybe we can update each other since we are facing the same dilemma

[Know_Ledge 6]

You will be ok, but get all proof you can before you leave the house, bank statements, utilities bill,pictures, etc...After your divorce file form I-751, and get some affidavits (notarized)from family and friends stating your relationship was genuine. If you can prove she was cheating on you do not forget to submit the evidences tho, it will help your case a lot!. Love the ones who treat you right, forget the ones who don’t. Good luck.

Stealing this Sandraj