Divorce and ROC

[Stickysituation 0]

I got married in August 2011 to my husband in my country and I came to the US on a K3 visa April 2011. We spoke every single day that we were apart and everything seemed great. When I got to the US our relationship changed for the worse immediately... , my husband was cold and acting strange. In June I found out that my husband was cheating on me. We stopped living together and I moved in with his mother. He continued to cheat on me but also tried to get back with me while seeing the other woman... He convinced me to move back in with him, but today I realized he is still seeing the other woman. I have decided that it is time for me to move on and get divorced.

I received my 2 year green card in May of 2013. I do not want to leave the US, and I know that I can file for my ROC after a divorce, but I am worried that I do not have enough proof that the marriage was in good faith (it was, at least on my part!)

It turns out that my husband did not include my name on anything... Lease, bills, etc. He helps pay the car insurance, but does it with cash and the car is in my name.

We have:

-Drivers licenses with the same address

-photos of our wedding

-plane tickets from our honeymoon

-photos from honeymoon

-plane tickets from my husbands visits to see me

-gym membership together

-email correspondence from time between wedding an my move to US

Also, we went to a psychologist for marriage counseling in August which I have proof of

I think that I will also be able to get:

-sworn affidavit from husband

-sworn affidavit from mother in law

-sworn affidavit from friends

That marriage was in good faith

ALSO

I have proof of my husband cheating. Emails, texts, photos, and videos...

I don't think that my husband will write in the sworn affidavit that he cheated on me. I don't know if this is evidence to include. I would rather not take it there if I don't have to.

Please help!

Is my proof enough without the affidavits? With the affidavits? Should I include proof of cheating? The ROC is not for almost two years but the divorce will be very soon. How does this effect me?

Thanks for all you help.

Also, if I move to another state (I live in Texas and I want to stay with a friend in NY), how will this affect me?

[newacct 688]

You should file for ROC immediately after the divorce is finalized, not wait for the two years.

It doesn't hurt to try to ROC. (What alternative do you have?) I don't know how much evidence will be enough, but that seems decent. Perhaps others have more experience with this.

(You mean you came in April 2012? Otherwise how did you come before you got married in your home country?)

[Stickysituation 0]

bump.

please any more advice?

[TBoneTX 45,522]

*** Thread moved from the ROC forum to the Effects of Major Changes forum, where the topic fits better. ***

[Brian1967## 119]

Op..USCIS wants to see one key thing you do not have, comingling of money, maybe joint proprty, joint taxes filed, credit card statements. You can have all kinds statements, knew a guy he had a statement from a US Marshall, petition denied. However, all your other proof seems pretty good, and submit everything, more proof the better off you are and I agree, what do you have to lose, some money and time. Good Luck

[jaycali 415]

The evidence of cheating I would not send in the initial petition, but be sure to bring it with you if you have an interview. The USCIS does expect to see some sort of financial co-mingling. The thought behind that is emails, photos, affidavits etc can be faked, but taking joint financial risk cannot.

In essence, an affidavit can be a lie, or faked. Having shared expenses or debt means you're trusting the other party with your money. USCIS likes to see that.

If you can, get evidence of your important mail going to his mother's address. Get an affidavit from the landlord of either place that you resided there. Stock up on evidence of his infidelity (which you bring to the interview).

Edited November 6, 2013 by jaycali