What is the worst thing that can happen to me!! Please help

[laylasa 1]

I filed a joint petition to remove conditions with my husband in November 2012.

Our marriage is on the rocks due to emotional abuse and irreconcilable differences and I don't know how long I can hold own.

What options do I have here if I walk out right now with my joint ROC pending? Please help me :help:

[washington1972 12]

I filed a joint petition to remove conditions with my husband in November 2012.

Our marriage is on the rocks due to emotional abuse and irreconcilable differences and I don't know how long I can hold own.

What options do I have here if I walk out right now with my joint ROC pending? Please help me :help:

your husband is the petitioner and you are the beneficiary.wanna get rid of him and the ROC pending?

you are okay.you don't need your husband to be with you for the ROC.you can do it on our own.

[Kathryn41 3,205]

You don't need to stay in a abusive relationship. Complete another I-751 petition form, checking off the Waiver option at the bottom that requests filing on your own rather than filing jointly with your husband, due to divorce or impending divorce. You will, of course, also need to file for divorce. You will need to contact USCIS either by an Infopass appointment, or by mail (include a copy of your NOA1) and ask them to pull the originally submitted I-751 form and substitute the newly completed form, explaining that you have filed for divorce. Eventually, you will receive a request for the divorce decree. If you have received the divorce decree by that time, send it back with the RFE. If you have not received the divorce decree, respond to the RFE and explain you are still waiting to receive the requested document. Ask them to put your petition 'on hold' until it arrives, at which time you will send it in.

The absolute worst case scenario is that you would receive a letter advising you that you are scheduled for a deportation hearing with a judge. GO to that hearing. Explain to the judge that you are waiting for the divorce decree and request he put a hold on all deportation proceedings until it is received. As you are allowed to file with a waiver and a divorce decree, the judge WILL put a hold on any proceedings and you will have the time to wait for the divorce document to arrive.

Marriages do break down even when there is no abuse involved. As long as you are able to provide evidence that you entered the marriage in good faith and not for an immigration benefit, you should have no trouble receiving approval for the I-7551. It will just depend on how long it takes for you to receive the divorce decree so you might wish to start looking into what is involved now. Some lawyers offer free consultations, and in some states it is quite easy to apply for a 'do it yourself' divorce that can be completed in 30 days. It depends on your state and your personal circumstances.

You are allowed to file on your own and as long as you can prove you entered the marriage in good faith and can provide proof that the marriage has ended, you can be approved for a 10 year green card.

Good luck.

Edited January 1, 2013 by Kathryn41

[bigdog 376]

Sorry to hear this, and good luck finishing up your ROC.

[laylasa 1]

Thanks so much for all the advice and help. Here is the evidence I can provide if I decide to file on a waiver, hope this will be enough:-

Joint taxes for 2010,2011

Joint car ownership

Joint auto insurance

Joint bank accounts statements

Bills showing joint ownership from Verizon and Geico Insurance

A few checks paid to us showing both our names

Miscellaneous mail showing both our names

Photos taken of us together with friends and family

I have not filed for divorce yet. I don't know how long it takes to do that and also how long we are supposed to be separated. Im in TN and im not sure about the rules here. If anyone knows what the procedure is, kindly let me know. Thanks for your help.