Marriage not working out

[rjgacek 6]

Please help. I went on this forum and got two replies, do not know if they were possibly accurate or not. My wife has the two year conditional greencard. We have been married for 9 months now and she packed a few bags and left my home about two weeks ago. Our bank account she put in a change of address, and she will communicate very, very little with me since she left. But, I am almost 100% sure she is not coming back. We did have a disagreement but nothing that would warrant her not coming back to me.

She has put in a change of address for things we had to do with the USCIS, her employer, the bank account, her two credit cards she acquired, etc, which is to lead me to assume she is not coming back. I have expressed to her, and pleaded with her to come back, but to no avail. She is Filippino and I believe she moved in with a Filippino Co-worker. Anyways, I was told here on this forum the USCIS dont care, and that I do not have to notify them of any change in status. If this is so, then why do they call it an Conditional Green card, and we have to notify them of any change of addresses.

I do believe, but, I dont know for sure, she has had this plan from the start of when she arrived here in the U.S.. But, I am sure she is not coming back to our marriage.

Anyone out there can give, some expectation of good advice. Should I file for divorce? The the USCIS have to be notified about her not living with me anymore, we are I believe separated, but not legally.

I think she used me, and if she did, getting a divorce , would it make it difficulty on her for when she applies for the Unconditional card, or does it not make any difference.

I can not afford the divorce, but I can do it legally on line without an attorney because there would be no contesting it, there are no children, no assests, no alimony, no child support, no houses, no cars.

Would the divorce be more in my favor to make it hard for her Unconditional green card, if not, then maybe I should just leave it alone, and let her do what she wants and live her life.

Please help, with any common sense advice if possible, please. Do I notify the USCIS, or does it not matter that they know the change of circumstances, and would the divorce be beneficial for her or for me when it comes time to apply for her Unconditional Green card

Thank you for any help

[JRF 117]

I don't see any advantage to not immediately filing for divorce, as long as you are emotionally comfortable with the decision. By remaining married, you are legally liable for debts she aquires. I personally do not see any advantage to remaining married under these circumstances. You need to quickly take steps to seperate your lives (including financial...do you really want her to have continued access to your bank account balance?). I am not familiar with Wyoming laws but many states are community property states, which extends to both assets and debts.

As for the immigration side of things, unless you have good proof she entered into the marriage for fraudulent reasons I don't see any benefit to notifying USCIS. She can adjust status on her own, divorced or otherwise. Sure, you can notify them of the change in circumstances, but it will be up to her to adjust status. At this point what is done is done - the best you can do is limit your future liability via divorce.

Best of luck.

[Ontarkie 14,268]

~~Moved to Effects of Major Family Changes on Immigration Benefits, From Removing Conditions on Residency General Discussion - Where similar topics are discussed~~

[rjgacek 6]

Thanks JRF, but, if it does no good notifying USCIS in change of my and my wifes situation, why is it called a Conditional greencard. Is there not stipulations have have to be met in order to have the conditions removed with the 10 year green card. Makes no sense they give a 2 year conditional greencard, just to do anything you want and then apply for the 10 year card. Again, why do they put conditions on a card, if the couple is no longer married, or separated or maybe divorced.

Thanks again

[Villanelle 4,122]

Thanks JRF, but, if it does no good notifying USCIS in change of my and my wifes situation, why is it called a Conditional greencard. Is there not stipulations have have to be met in order to have the conditions removed with the 10 year green card. Makes no sense they give a 2 year conditional greencard, just to do anything you want and then apply for the 10 year card. Again, why do they put conditions on a card, if the couple is no longer married, or separated or maybe divorced.

Thanks again

Lol. What do you think the conditions are/were? That you needed to remain married for the 2 years?

The purpose of the conditional card was to discourage people from marrying and obtaining immediate benefits. (because those that want to do it will) So the USCIS decided to stop just handing out 10 yr green cards and to give out a 2 yr card first. It forces you to come back so they can have a second look.

You do not have to still be married, you didnt have to have a happy marriage either. You just have to show it was a legitimate marriage and not for benefits.

Sometimes legitimate marriages dont work out. Doesnt mean the person loses immigration benefits.

-

It sounds as if your wife decided the relationship was over and moved on. It seems it caught you by surprise and Im sorry for that.

As for the changing of the address, you stated your wife changed her address. Good. Your responsibility with USCIS is to change YOUR address if YOU move. Have YOU moved? or did just she move? It doesnt seem like you moved so you have no address change to report. You also can not report someone elses address change to USCIS just as you can not fill out a change of address card at the post office for someone else. There are strict federal laws about mail. So just worry about your own mail- which you have no issue with so nothing to worry about.

Should you file for divorce? Umm, yes, or wait for her to file but a divorce is going to be inevitable. Being married to someone is not a joke. There are significant legal ramifications in being married to someone ranging from medical to financial concerns.

--

Regardless, your wife is going to have to file for removing conditions (ROC). She has multiple ways to do such. Im not going to go through every thing with a fine tooth comb- but basically- 1- Joint application. This requires both her and your signature. So.... not going to happen. Or 2-waiver application. She can file and check a waiver box explaining why she is filing ALONE and you are not signing (youre dead, getting divorce, etc).

So she would HAVE TO CHECK youre getting a divorce. USCIS is going to want proof the divorce is filed or is in the works, so if she hadnt filed or you hadnt filed by then- SHE WILL BE because she needs it for her ROC. USCIS will hold her papers until the divorce is finalized.

[brownbella 13]

Sorry to say, but it just sounds like the marriage didn't work out. 50% of marriages in America don't. You can't take away her green card, it doesn't seem like there was any fraud, so just get a divorce and move on in your life. Don't let this turn ugly.

[JRF 117]

Thanks JRF, but, if it does no good notifying USCIS in change of my and my wifes situation, why is it called a Conditional greencard. Is there not stipulations have have to be met in order to have the conditions removed with the 10 year green card. Makes no sense they give a 2 year conditional greencard, just to do anything you want and then apply for the 10 year card. Again, why do they put conditions on a card, if the couple is no longer married, or separated or maybe divorced.

Thanks again

I understand your feelings, but think if USCIS actually took the time to investigate, adjudicate, and try to deport every instance where the immigrant applying for AOS was divorced.

Anyway, my only advice is to divorce ASAP and move on...

[brownbella 13]

IMO USCIS came up w/ ROC to placate the anti-immigrant folks who think ROC stops fraud. Also ROC raises a lot of $$$ for USCIS, which is a self-funded agency (meaning our fees pay for it to exist).

Thanks JRF, but, if it does no good notifying USCIS in change of my and my wifes situation, why is it called a Conditional greencard. Is there not stipulations have have to be met in order to have the conditions removed with the 10 year green card. Makes no sense they give a 2 year conditional greencard, just to do anything you want and then apply for the 10 year card. Again, why do they put conditions on a card, if the couple is no longer married, or separated or maybe divorced.

Thanks again

[Hotter Otter 1,211]

Sorry that this has happened to you, as others have said get a divorce and move on, she will be able to remove conditions on her own. As you said yourself you don't know for sure whether this was her plan originally and notifying USCIS that it may have been fraudulent without any proof will not stop her getting the ten year card.

[NikLR 13,227]

The petitioner can also change the address of the immigrant online, if you know her address.

As for the rest, there's nothing you can do besides get divorced and move on with your life. Being the person who initiates the divorce is better for you. I would also make sure she's removed from any of your bank accounts and credit cards.

[kevinj 19]

Your goal should not be to make her life as bad as possible, but to make your own life as good as possible.

Removal of Conditions is between her and USCIS (although your support would be very beneficial to her) -- it's not your responsibility to determine the outcome of that process. If asked, you can tell USCIS your version of the facts, but you're not required to take any initiative.

In your case, ROC is working exactly as intended: she leaves you, and that will prompt USCIS to investigate her file thoroughly before (possibly) granting a permanent green card.

If you signed to be her immigration sponsor, then you remain financially responsible for her. Even if you divorce, you still remain responsible. If she is denied ROC and has to leave the country, this responsibility would be lifted. I don't know if it is possible to lift it now by declaring your marriage fraudulent to USCIS, but there are probably threads on that subject on visajourney. (Your situation is far from unique.)

It sounds like these are all rather recent developments. I'd recommend not acting immediately (as you say, there are no real stakes in the marriage like kids or houses), since

- sometimes, time does change people's feelings

- you might be angry and want to ruin her life right now, but perhaps a more karmically benign path will appeal to you more shortly; the manner in which you part ways with her may set the emotional stage for your life for years to come;

- your claim that the marriage was fraudulent does not prove it beyond doubt; you can't prove that she never loved you.

Wishing you best luck and a gentle resolution,

Kevin

[click2ali 0]

The first thing I would do is to notify Immigration and Customs Enforcement (ICE) and explain them what you explained on this forum. ICE will surely listen to you...unless you did not cause physical harm to her. if you did cause any physical harm to her then she can file for a wavier at the time of her conditional removal. if you are clean on your part I would for sure take it up to ICE and if they dont listen you can also contact your congressman. hope this advice would help

[tuckin14 58]

First, the conditional green card process was instituted by Congress in 1986, in response to testimony of USC spouses whose immigrant spouse got their green card and immediately dumped them. It was not a creation of INS (predecessor of USCIS and ICE).

You have the right to provide information to USCIS if you believe the marriage was not in good faith. I would focus on the issues they look at in the removal of conditions process. Did you live together? Did you combine your finances? Did you interact with friends, family, and community or religious groups as a couple? Did you take your vacations together?

USCIS will grant her removal of conditions if she can show that at the time of marriage, she had a good faith intention to establish a bona fide marital relationship. If the evidence would bear an interpretation that she simply got tired of you, or changed her mind, they will grant ROC as long as it appears that she was in good faith at the time of marriage. Of course, no one has the ability to look into another's soul, so they look at factual evidence. (It would be hard, for example, to convince USCIS that one was deeply and truly in love if they moved in with an ex-boyfriend or girlfriend a week after the wedding!)

But the green card is not yours to grant or deny. Information you provide to USCIS may be helpful, and they will put it in the file. My general impression is that if she has the documentary evidence, your allegations that she was not in good faith will not outweigh that. But if her case is questionable, your information may cause USCIS to not give her the benefit of the doubt. Of course the more your information is consistent with the evidence she presents, the better. If you say that she refused to interact with your family but she has pictures from Christmas and your parents' anniversary with her in them, your allegations won't hold much weight.

[d3adc0d3 186]

Please help. I went on this forum and got two replies, do not know if they were possibly accurate or not. My wife has the two year conditional greencard. We have been married for 9 months now and she packed a few bags and left my home about two weeks ago. Our bank account she put in a change of address, and she will communicate very, very little with me since she left. But, I am almost 100% sure she is not coming back. We did have a disagreement but nothing that would warrant her not coming back to me.

She has put in a change of address for things we had to do with the USCIS, her employer, the bank account, her two credit cards she acquired, etc, which is to lead me to assume she is not coming back. I have expressed to her, and pleaded with her to come back, but to no avail. She is Filippino and I believe she moved in with a Filippino Co-worker. Anyways, I was told here on this forum the USCIS dont care, and that I do not have to notify them of any change in status. If this is so, then why do they call it an Conditional Green card, and we have to notify them of any change of addresses.

I do believe, but, I dont know for sure, she has had this plan from the start of when she arrived here in the U.S.. But, I am sure she is not coming back to our marriage.

Anyone out there can give, some expectation of good advice. Should I file for divorce? The the USCIS have to be notified about her not living with me anymore, we are I believe separated, but not legally.

I think she used me, and if she did, getting a divorce , would it make it difficulty on her for when she applies for the Unconditional card, or does it not make any difference.

I can not afford the divorce, but I can do it legally on line without an attorney because there would be no contesting it, there are no children, no assests, no alimony, no child support, no houses, no cars.

Would the divorce be more in my favor to make it hard for her Unconditional green card, if not, then maybe I should just leave it alone, and let her do what she wants and live her life.

Please help, with any common sense advice if possible, please. Do I notify the USCIS, or does it not matter that they know the change of circumstances, and would the divorce be beneficial for her or for me when it comes time to apply for her Unconditional Green card

Thank you for any help

That really sucks, I'm sorry.

I don't see any advantage to not immediately filing for divorce, as long as you are emotionally comfortable with the decision. By remaining married, you are legally liable for debts she aquires. I personally do not see any advantage to remaining married under these circumstances. You need to quickly take steps to seperate your lives (including financial...do you really want her to have continued access to your bank account balance?). I am not familiar with Wyoming laws but many states are community property states, which extends to both assets and debts.

As for the immigration side of things, unless you have good proof she entered into the marriage for fraudulent reasons I don't see any benefit to notifying USCIS. She can adjust status on her own, divorced or otherwise. Sure, you can notify them of the change in circumstances, but it will be up to her to adjust status. At this point what is done is done - the best you can do is limit your future liability via divorce.

Best of luck.

They're right, most states will waive the fees if you're within a certain income guideline, go speak with your local court clerk. There are some lawyers who will represent you for free or at least offer legal advice. http://www.lawhelp.org/

Good luck.