Divorce and ROC, Plz help!!

[adam-123 0]

Hello everyone,

I’m new to this website and I have a couple of questions and I would like to share my story with you all and I hope to get some advices.

Long story short, I got divorced last month, I came to the states in CR1 visa and I arrived on December 2013, things were alright with my wife till she started to see another guy and after a few months of my arrival, she decided to end the marriage and quit the country with her new guy. It was devastating because I tried to make things work but it was so hard, I trusted her with my money and she just left with everything.

Now, I understand that I have to remove my conditions since I have the divorce paper in my hand, the only issue is I don’t have enough evidence as we didn’t have joint accounts because basically I just gave her my cash and didn’t know things will go like that. Any husband would trust his wife with his life and I did the same thing when I first came in.

So all I have is the lease of the apartment that we lived together plus pictures of us and the family.. The bills were on her name even I paid them and she was procrastinating to add my name.. I came late on 2013 so I didn’t have to do taxes because I didn’t work and she left few months ago so I have to do the tax of 2014 by myself as a single man. I’ve worked so hard last year to settle down and have my things together.

My questions are : is there any chance I can get the 10 years green card under these circumstances, do I need a lawyer? I don’t know how this works and I would like to hear your advices about what to do.

Thanks in advance.

[NancyNguyen 1,657]

Experienced lawyers would be helpful, your best bet is to explain everything. Be ready for rough journey because you divorced very short time after you arrived with CR1. Good luck.

[tuckin14 58]

I'm not questioning your sincerity, but remember that to USCIS it might look like you paid her to enter into a sham marriage The biggest single thing they want to know in these cases is whether anyone was paid anything, other than an attorney.

However, it doesn't matter a whit if your wife married in good faith - it matters if you did. Really all you can do is assemble the evidence you have, present it clearly, and make the best case you can for yourself.

My impression is that USCIS is ultimately very subjective in these matters while preserving the illusion of being objective. If they don't believe you, they will deny you based on lack of evidence of the normal accoutrements of a bona fide marriage, like joint finances and long-term cohabitation. If they believe you, they will simply approve you, and even though the facts in your file might be exactly the same as someone else who gets denied, no one will have grounds to appeal your approval and the other applicant who got denied with the same "facts" in your file will not be able to point to you and say "You approved him - why not me?"

I'd be prepared of course to trace the history of the relationship prior to marriage. In theory that's adjudicated in the I-130, not the I-751 - but it might well be relevant here.

Surely a lawyer can't hurt. (Although my wife's lawyer, as best I can tell, missed a couple extremely basic points that even I knew.) Just remember though, that no lawyer will ever care about your case as much as you do.

[adam-123 0]

Thank you guys for the advice.

We did love each other and the marriage was in a good faith from both of us, I have pictures with the family and hundreds of emails/texts, our marriage lasts for 3 years... I didn't pay her or anything like that and we've never been materialistic, things happened and she just left.. I have her in my insurrance and like I said not enough evidence but I'll try and see what's going to happen.

Thank you again!