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JenniferJacobsson

2 year GC, divorcing before it expires.

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Hi everyone,

I've been together with husband for 5 years, he's been living in Sweden with me on a residents permit and we've done countless trips back and forth seeing eachother inbetween those years of living together, when he decided to move back to the U.S. to go back to school we started planning my move here.

Finally in 2011 I got my fiancé visa at the end od the year, saved up enough money, and moved to the U.S. in March 2012. We got married within the 90 days, and I filed for my GC in May 2012. and it took a whole year before I finally got my GC in May this year, and during that time of waiting especially this year our relationship has been really tough. We've grown apart, we keep arguing, he like to put me down mentally about my weight and the way I carry myself, he started flirting on dating sites with other girls, he really made me feel less of myself and I was unhappy for a really long time. :( he said several months ago he wanted to take a break but I had to beg him to reconsider to work on our marriage but it never got better. He's never around, always out at bars or with friends.

Now he wants a divorce and I'm only a few months in with my GC, even though we've been married for a year and a half. and together for 5 years.

My GC expired in May 2015. Could we file for divorce and I still stay here until it expires and then apply for the 10 year one by myself as divorced or will immigration kick me out before that? How does this work? I'm sure proving that I entered this marriage in good faith wont be a problem I have a lot of people to vouch for me and a lot of evidence, just scared because the divorce is coming so soon before my 2 year card expires it makes me nervous. I'm still living together with him, and with my in laws and they love me and don't want me to leave the house.

Really appreciate all answers.

Please help :(

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Whenever you get divorced you must immediately apply for the removal of conditions on your own. You will need to provide proof of a genuine marriage. Check out the ROC forum for things they like to see.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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You will be able to remove conditions on your own as long as you can show that you entered into the marriage in good faith.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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i myself have always wondered about a situation like this, if the two parties divorce and she applies on her own what becomes of the support aspect of it all especially if she is not working yet. also will they question the husband regarding the marriage, im sure if he wanted to be sinical he will say alot of bad things to make sure she gets kicked out.

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Ok, thanks! So I don't have to wait until 90 days before it expires, I can apply right away after the divorce is final?

You MUST file as soon as the divorce is final, or during the 90 days, whichever comes first.

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I've started a new life here, I work full time, and have a part time job. I've got new friends. Everything has worked out well, besides between my husband and I. He's seeing other people and I have started as well, so...I don't know if he would say bad stuff, either way, My in-laws are my witnesses and they adore me and will vouch for me if something like that would happen.

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i myself have always wondered about a situation like this, if the two parties divorce and she applies on her own what becomes of the support aspect of it all especially if she is not working yet. also will they question the husband regarding the marriage, im sure if he wanted to be sinical he will say alot of bad things to make sure she gets kicked out.

The Affidavit of Support remains in effect until one of the specific conditions that would terminate it occur.

Regarding the statement I put in bold, there is nothing the 'he' could do to "make sure she gets kicked out" of the country. The burden of proof is on the OP to ensure they entered into the marriage in good faith and judging by the first post, the OP as plenty of evidence to show just that.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Thanks everyone! You guys are so helpful and you're calming my nerves down.

So, as soon as the divorce is final I apply for my Removal conditions right away with all proof needed that I "entered the marriage in good faith", and as it's being processed I'll still be able to stay here in the U.S. for the remaining time?

Is it likely that USCIS would deny me staying before my 2 year GC expires? Or they would let me stay until it expires and then grant me the 10 year one?

Thank you!

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Thanks everyone! You guys are so helpful and you're calming my nerves down.

So, as soon as the divorce is final I apply for my Removal conditions right away with all proof needed that I "entered the marriage in good faith", and as it's being processed I'll still be able to stay here in the U.S. for the remaining time?

Is it likely that USCIS would deny me staying before my 2 year GC expires? Or they would let me stay until it expires and then grant me the 10 year one?

Thank you!

When you apply for Removal of Conditions (whether you're together, or divorced, or whatever), they issue you an extension letter that extends your conditional GC. So after your conditional GC is expired, that letter + your expired conditional GC function as a valid GC for all purposes. Once the ROC (which may take a long time) is approved, you will get an unconditional GC.

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