need help about the divorce and coming back to the us

[kozah 1]

hey there, i post few days ago about my situation.

im married to us citizen girl, we lived 9 months together and like i said things didnt work and then i come back home, (for now i'm still back home)

the thing is before i came here i left her house, ( we were living with her parents ) and i slept at my friend house for week, her brothers came to my work and they asked about me and they want to fight with me, after i left the house...thats y i return to my country.

the thing is she d'osent want to divorce me, and after what happen i really dont wanna be with her. i just want to come back to the us. and work there and make a good future. im on a 2 years green card. wich expired in june 2014 . and its been only 20 days here in my country.

so the thing is . what about if she donsent want to sign the divorce pappers . how can i stay legally there and work and continue my school.

i know when the divorce finish i can fill for ROC anytime...

but what about if she dosent want to sign the divorce papers . i can come back there or what should i do.

thanks really for the help i appreciate any help thanks

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

Get on the plane, stay with friends, get a job, file for divorce.

[kozah 1]

Get on the plane, stay with friends, get a job, file for divorce.

i know that but what about if the first green card gonna expired. and the time for the ROC came and still stuck in the marriage?!

[VanessaTony 3,567]

i know that but what about if the first green card gonna expired. and the time for the ROC came and still stuck in the marriage?!

You still file for ROC when it's time asking for the divorce waiver. If you don't have the divorce decree (she can't stop you from filing just might delay the process) in time for responding to the RFE they'll send you, then your ROC would be denied BUT you don't leave. You would go before an immigration judge who would order USCIS to WAIT until you have the decree. So you would keep getting your passport stamped with the GC stamp until the divorce is finally finished, then you'd send it to USCIS, they'd process your ROC and that would be it.

The only issue will be whether you have enough evidence of good faith marriage. Joint bank accounts? Filing taxes together? proof of living together? Joint names on bills? What do you have from before you left?

[kozah 1]

You still file for ROC when it's time asking for the divorce waiver. If you don't have the divorce decree (she can't stop you from filing just might delay the process) in time for responding to the RFE they'll send you, then your ROC would be denied BUT you don't leave. You would go before an immigration judge who would order USCIS to WAIT until you have the decree. So you would keep getting your passport stamped with the GC stamp until the divorce is finally finished, then you'd send it to USCIS, they'd process your ROC and that would be it.

The only issue will be whether you have enough evidence of good faith marriage. Joint bank accounts? Filing taxes together? proof of living together? Joint names on bills? What do you have from before you left?

joint account together yes.

filling taxes together no, because she never work. and i only works like 5 hourz part time. so my boss he used to pay me cash like 180$ per week

and bills together no because i was living at her parents house all the family together. but the thing is i have her cousin. (my boss) he is us citizen he is ready for any help and he knows that i live in her house. plus i had a car registred on her house adress. plus my driver lisence registred on her house adress. plus i have tons of pictures when she came here. the wedding party video too and even on the social secuirity number my adress at her house. and even in the bank account i have her adress too. and i have alot of us citizens friend who they 'r ready to help me in anything ...so u think it will b enough?! and plus the inssurance of my car and my phone it was at her adress...

[VanessaTony 3,567]

So basically you can show that you lived at her parents house by showing your drivers license, bank account, car registration, car insurance, phone bill and the mailing notice from your SSN.

Are you on the same car insurance? Same vehicle registration? Same phone bill?

You have pictures together. Video's as well but they're not looked at.

You have no bills together (that you've mentioned as yet)

You didn't file taxes together.

You have a joint account, did you pay any house bills with that account?

You have USC friends who would be willing to write affidavits.

You were married 9 months before you left.

It's not a lot, but maybe there's more you haven't thought about.

[kozah 1]

So basically you can show that you lived at her parents house by showing your drivers license, bank account, car registration, car insurance, phone bill and the mailing notice from your SSN.

Are you on the same car insurance? Same vehicle registration? Same phone bill?

You have pictures together. Video's as well but they're not looked at.

You have no bills together (that you've mentioned as yet)

You didn't file taxes together.

You have a joint account, did you pay any house bills with that account?

You have USC friends who would be willing to write affidavits.

yea exactly and and about the car inssurance and registration no , because my wife she is not allowed to drive any vehicle ( she has a problems) in her eyes. so she couldn't have a driver lisence. and about bills no. because her parents they never asked about any money to live in their house. so i never paid rent over there. we have pictures and everythings yea. and my boss he is us citizen and he is her cousin in the same time. and he is willing to write any note. or watever.

plus he wants me so bad to come back so i can work in his store. and he is willing to helping me. but the bank account we dont have alot of cash together we just put like 400 $ in it. because she dont work . and for me i only worked in the begining because my language wasn't enough to communicate with people. and plus i have student id. and the adress on the id. her house too... so i think it will b enough proves.

You were married 9 months before you left.

It's not a lot, but maybe there's more you haven't thought about.

[kozah 1]

and we were married since june 2011. not 9 months only. i only lived with her 9 months. u knw after u got married u have long wait to get ur cr1 visa

so basicly we were married 2 years ago

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

Kozah, will you please get on the plane before you trigger an abandonment of your green card process?

[kozah 1]

Kozah, will you please get on the plane before you trigger an abandonment of your green card process?

how come man

what i know at least u have 6 months to stay outside the states,,,

[VanessaTony 3,567]

how come man

what i know at least u have 6 months to stay outside the states,,,

If she files for divorce while you're out and advises ICE/USCIS, you are breach of the conditions of your greencard and could be locked up on arrival. I know of at least one member while I've been on VJ who that happened to.

[kozah 1]

i post last week. about coming back to the us.

its been almost 1 month here , and i cant found job or anything to do

i just wanna come back to the states works and ma a gd future thats my desicion

anyways , my file never reply about the divorce sounds she dont wanna divorce (i dont knw what exactly she is thinking )

now if i came back i have 2 years green card till summer 2014, do i have to put my new adresse on the POE?

and how i can fill the ROC if she never wants a divorce, plz i really need help

thanks

[Darnell 8,478]

it seems all of your questions were answered at http://www.visajourney.com/forums/topic/418556-need-help-about-the-divorce-and-coming-back-to-the-us/

if you not understand something there, please go back there, and ask for clarity.

[Sandra G. 5,050]

If she does not want to divorce then you can file for divorce.

[Ontarkie 14,268]

~~~~Duplicate topics merged- Please do not start another thread for same/similar topics~~~~