Legal advice regarding divorce/dissolution of marriage on Conditional GC

[J Dubs 0]

Long story short:

1. Started dating in 2008

2. Engaged in 2012

3. Married in August 2013

I'm a Canadian citizen who had been working/living in the US under TN visa status since 2009. Once married, I filed for AOS. I was granted my conditional GC at the end of July 2014. Around the same time, my wife (US citizen) admitted to infidelity and I decided to move on. I am now living in another state (IL). W e are currently discussin which route to take to end our marriage legally. Since we have been married such a short period of time, she was told by a lawyer that is would be easier for us to pursue a dissolution of marriage vs. divorce. I am wondering if doing so will affect my ability to apply for ROC and gain Permanent Residency in the US when it comes to do so?

Also, I would like to consult with a qualified legal professional about my situation and what steps to take next. Would anyone on the forums know of a high quality, dependable lawyer with experience dealing with immigration issues, as well as divorce?

I am living in the Chicago area and appreciate any help you can provide me with. Thank you.

[Boiler 43,423]

Do you mean annulment? That would be negative.A straight divorce less so.

[novedsac 355]

Lawyers get broad exposure to many areas in law school, but their practices generally focus on a particular scope of law; and it's their specific experience over time that is most helpful to you. Better off leaving immigration issues to an immigration specialist and divorce issues to a divorce specialist. Unless, for example, you'd feel comfortable letting an orthopedic work on your heart.

Edited October 31, 2014 by novedsac

[Newbie608 103]

Long story short:

1. Started dating in 2008

2. Engaged in 2012

3. Married in August 2013

I'm a Canadian citizen who had been working/living in the US under TN visa status since 2009. Once married, I filed for AOS. I was granted my conditional GC at the end of July 2014. Around the same time, my wife (US citizen) admitted to infidelity and I decided to move on. I am now living in another state (IL). W e are currently discussin which route to take to end our marriage legally. Since we have been married such a short period of time, she was told by a lawyer that is would be easier for us to pursue a dissolution of marriage vs. divorce. I am wondering if doing so will affect my ability to apply for ROC and gain Permanent Residency in the US when it comes to do so?

Also, I would like to consult with a qualified legal professional about my situation and what steps to take next. Would anyone on the forums know of a high quality, dependable lawyer with experience dealing with immigration issues, as well as divorce?

I am living in the Chicago area and appreciate any help you can provide me with. Thank you.

Divorce is the way to go if you plan on filing ROC petition with a waiver.

[JenniferJacobsson 0]

I'm have a similar situation with same time frame. I meet my husband in 2008, he moved to Sweden with me in 2009-2010. and then I moved to the US in 2012. In early 2014 I caught my husband flirting with girls on an online dating site, as well as flirting with girls over text. That ontop of us growing apart and not agreeing on many levels we both started moving on.

We've lived seperatly for the past 6 months or so. I've been waiting for him to file for a divorce, pay for it, since I feel it was oly fair. Realizing it's not gonna happen I'm filing myself.

I'm worried I'll have difficulties getting approved, I just cant help but to get nervous. But does anyone know what the succsessful rate is?

[tuckin14 58]

Annulment would legally say the marriage never happened - I'm not sure this would be an automatic denial of ROC but it wouldn't help. I'd definitely go for divorce.

USCIS is very liberal in what they accept as proof of divorce. I believe that a legal separation or a divorce filing are sufficient. What is not sufficient for a waiver filing is merely that you have separated without taking any legal action.

The ROC filing focuses on the marriage. Actions prior to marriage are not really at the heart of the proceeding.

No one has actual statistics on any immigration data, like percentage of approved ROC filings. However, approval of filings with a divorce waiver are certainly not a long shot.

Be sure to file on time though - you'll be in much much worse shape if you don't meet the deadline. If you haven't even filed for divorce, file anyway. They will accept the filing and ask for the legal papers later.

My impression is that USCIS are real people who understand how real relationships work. It's not like a tax audit where they say you have to show the receipt and that's it. They know that people change when they get married, or that the person we married isn't always the person we thought we were marrying. But they need to understand that you really did try.