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erininnyc2012

Marriage ending, what next?

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Filed: AOS (apr) Country: Portugal
Timeline

Hi all,

My husband got his conditional greencard on March 19th of this year, based on our marriage (which on my end, was 100% based on love, and I thought his was too). On March 26th, he accepted a job in his home country, and he left April 30th. He has not been back, and though he initially said that he intended to come back, when I travelled there to visit him recently, we got into an argument and he admitted that he has "No desire to come back to America." Our relationship has devolved since then, and I realize that he never intended to move here to be with me and start a family. It was never his intention to be in just one place (America).

I've also realized that our marriage is over, and I want to file for divorce. I know his greencard depends on me for removal of conditions. But am I responsible for reporting to the USCIS that I believe he has intent to abandon residency?

I guess my question is, what is my responsibility now that I've realized his intentions and the marriage is over?

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Filed: Lift. Cond. (apr) Country: Spain
Timeline

I'm sorry about what happened to you!!! If you are getting divorce I would personally contact uscis.

Maybe some people who has been in the same position know exactly how to do it and how to deal with everything better than me.

y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from Removing Conditions on Residency General Discussion to Effects of Major Family Changes on US Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Timeline

IMO it would be both unnecessary and inappropriate for you to take any action.

Remember it is his green cards, not yours. it is his to surrender.

If he remains outside the USA for over a year, he will probably be refused entry, as any permanent resident would, unless he can show good cause, and his green card would be subject to revocation.

When his conditional period expires, he will either have to apply for removal of conditions or his green card will expire. Based on the facts you provided, he will probably not apply, and if he does, he will not succeed.

He may wish to surrender it because otherwise he is subject to USA taxes.

I'm sorry for your situation and heartbreak (been there, done that, got the bruises) but you have no obligation to immigration.

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Filed: AOS (apr) Country: Romania
Timeline

I'm sorry this happened to you! Like it's been said, get a divorce, but there is no reason for you to contact USCIS. He has not technically committed green card fraud...

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Filed: Lift. Cond. (apr) Country: Spain
Timeline

Yes I agree with what I read, sorry about saying about contacting uscis, don't contact uscis it's true in 2 years when the conditional period expires and get the letter for removal conditions and usually an interview he will just not succeed since there is a divorce. Good luck

y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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Filed: Citizen (apr) Country: Brazil
Timeline

Yes I agree with what I read, sorry about saying about contacting uscis, don't contact uscis it's true in 2 years when the conditional period expires and get the letter for removal conditions and usually an interview he will just not succeed since there is a divorce. Good luck

He can remove conditions with a divorce waiver whenever the divorce is finalized, doesn't even have to be after 2 years. He'd have to prove the marriage was bona fide when it happened and that's it.

It doesn't sound like he wants to and he'll probably (maybe inadvertently) rescind his permanent residency anyways. There's nothing to report to USCIS.

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I would just file for divorce. Fortunately, NY has entered the 21st century and has no fault divorce. You don't need his permission to get divorced, you simply have to have him served with the divorce summons, either by a NYS resident or a process server in Portugal. If he decides to sign the papers or not, it's up to him, it will not prevent you from getting divorced.

It also doesn't sound like he would contest it either since he would have to travel back here to do that and stay while the process is pending, which should prove difficult because me being you, I wouldn't let him enter my house.

Also, I would like to point out that even if you divorce and he somehow manages to get a 10 year GC, you are still responsible for him as his sponsor. That's if he decides to come back to the US and his GC isn't surrendered or taken away. Of course this may only affect you if he becomes dependent on the government.

If you have any questions about the divorce process, I'd be glad to help. I helped my aunt divorce her husband who never left the DR or got his GC (luckily) and the process here in NY is very straightforward, when you don't have children together and/or is uncontested. Good luck and sorry about your situation.

This does not constitute legal advice.

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

Not everyone can adjust to moving to another country it happens all the time. I choose to believe he loved you very much but the difference in culture was just to much for him. I have seen it before many times and sometimes the wife has chosen to move with her husband. Good luck to you and I'm very sorry this happened. :( God bless you.

America, Give Me My Spouse/Fiancé !

https://www.youtube....O6dwPf8HqZBzjUA

Help us make processing times at USCIS service centers fairer.
http://helptsc.tumblr.com/

-----------------------------------------------------------------------------------------------

Married. 10-16-2011. (L)

I-130 Sent. 03-14-2014 PD changed 6-24-2013. Received DS-261 / AOS Bill: 05-28-2014.

I-130 NOA1. 03-20-2013. Pay AOS Bill: 05-28- 2014. smileys-money-114847.gif

Returned to me due to mistake. 04-27-2013. Submit DS-261: 05-28-2014 Scanned on May 30 Th.
Returned to USCIS
04-30-2013. Send AOS Package: 06-10-2014.
Returned to me again USCIS mistake.
05-14-2013. Send AOS Package: 06-10-2014.
Returned to USCIS. 06-24-2013 due to travel. Receive IV Bill: 07-07-2014. 2uge4p4.gif
I-130 NOA2, Approved. 04-08-2014. Send IV Package: 07-22-2014 Scanned 07/24/2014.
Your I-130 was approved in 283, actual 343 days.
Submitted DS-260; 07/14/2014

Arrived NVC. 04-25-2014. NVC requested parents marriage cert, 10/10/2014

Case number given. 05-20-2014. Last scan date, 10/22/2014
Sent AOS Package: 06-10-2014. AOS Approved: 12-16-2014. egyptian.gif
Sent AOS Package: 06-10-2014.
Receive I-864 Package: 06-25-2014.
Pay AOS Bill: 05-28- 2014. smileys-money-114847.gif

CASE COMPLETE : They lied, 09-17-2014 42.gifActual CC 12-16-2014. Finally smiley-sick014.gif

Interview date given on 12-29-2014. Interview date 02-19-2015

01-29-2015 - Medical

02-19-2015 - Interview: Denied, reason given does not believe we are a Bona Fide marriage. voodoo-smiley-emoticon.gif groin-kick-smiley-emoticon.gif

-----------------------------------------

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Filed: Citizen (apr) Country: Canada
Timeline

I am sorry this happened to you. Yes, get your divorce, but unlike others here I would advise you to let USCIS know. While it appears that your husband has no interest right now in returning to the US, IF he decides to return even after you are divorced and is allowed in with his green card, you are still on the hook for the affidavit of support. That is your 'interest' in advising USCIS that he has left the country and taken up residence outside of the country. You can advise them that his address is now: xxxxx and that you are divorced/getting divorced because the two of you no longer have a valid marriage.

This is not retributive nor trying to hurt him. It is merely protecting your self because he is still in a position to cause you problems even after you are divorced if he decides to change his mind and return to the US on his still valid green card. If you ever decide you want to sponsor someone else, you would then have to include his sponsorship in your financial commitment - and I am sure you don't want his 'presence' around to cause potential disharmony in any future relationships you might have.

Once someone takes up residency outside of the US, the US basically considers that they have abandoned their permanent residency status and revoke their green cards. For your own protection, let them know that you are divorced/divorcing and he has left the country to take up residence in his country of origin.

Truly, I am sorry. Good luck to you.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Filed: AOS (apr) Country: Portugal
Timeline

Thank you all. I'm in a very bad place emotionally at the moment, but I very much appreciate all of your input.

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