Jump to content

rights of spouse on a conditional visa

6 posts in this topic

Recommended Posts

I have been married to an American man for two years but just got my green card(conditional) and moved here last month. I bought a house here and paid cash for it. Now every time we have a fight he says he is going to divorce me and basically I will be deported and made to move out of the house I purchased. I have been trying to make this work as my daughter also moved here but realize there is a lot of mental and financial abuse going on. If he does go file for divorce, do I have any recourse since I have now moved my lift here?

Share this post

Link to post
Share on other sites

bear in mind that immigration matters and divorce matters are separate, federal law vs state law.

divorce matters are covered under state law.

immigration matters are covered under federal law.

short version from me:

1. you file for divorce (unless yer from the PI) and you be the petitioner on the divorce. whilst filing the petition at the county courthouse, include a restraining order on him, asking the court to provide for spousal removal supervision. Remember, the person that is the petitioner in the divorce is the one that has most of the control over the proceedings.

2. your conditional status is good for 2 years from date of issuance, printed on the green card. he can't get you deported unless he can prove up substantial fraud with a FDNS officer at the local USCIS office. divorce not matter, divorce status not matter. you've 2 years from date of issuance, regardless of marital status.

3. after divorce, or at the 2 year minus 90 day mark of your green card issuance, file the RoC paperwork yourself, ticking the 'divorce' box.

--if not divorced yet at the 2 year mark, include a copy of the divorce petition with the county filing seal/stamp/chop with a letter of attestation that the divorce is pending.

4. who's name is on the deed of the house? this will be an issue on the divorce decree, so try to cover your backside with the proper wording in the temporary orders and in the divorce decree itself. need divorce mediation, is mandated by your state? get it on the calendar asap with the court.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !


Share this post

Link to post
Share on other sites

You are extremely unlikely to have any immigration issues until the expiration of your two-year green card. At that time you will file form I-751 for Removal of Conditions If married, you will have to file jointly with your husband, if you are divorced you must file with a divorce waiver; if separated or in the process of divorcing you can file either way. If you file jointly, he will have to sign the petition, and if called for an interview he will have to go.

In either case, you must prove that at the time of marriage, you had a good faith intention to engage in a bona fide marital relationship. Not him, but you.

A few things aren't clear. Do you live together? Living separately is a huge red flag that the marriage is not bona fide. It is perhaps understandable that if buying a house for cash out of your individual assets you wouldn't immediately make it a marital asset, but otherwise do you comingle your finances? Do you interact with each other's families and friends? Most people who get married want to live together right away - why did you take so long?

It is absolutely untrue that he can have you deported, or that divorce will result in deportation. He cannot threaten you that way. But obviously, it's harder to prove you married for love if you've divorced than if you're still together. The two biggest things USCIS looks for are cohabitation and comingling of finances (as a sign of mutual trust and a believe the relationship will be indefinite). But they will look at many other things. What can you do to show that you married to have a normal marriage?

If in fact you married but lived apart for years, then moved here with your daughter and bought a house on your own and live there with your child but not your spouse, at least on those facts it sounds like it's not a bona fide marriage. USCIS generally does not inquire very deeply into the period prior to issuance of the green card, but if you moved here and he moved in with you right after getting the green card, that set of facts would be much stronger.

Share this post

Link to post
Share on other sites

I always suggest people get acquainted with the person they are marrying be4 investing a lot of money and assets into something that ends even before it even started. How does someone threaten their loved one with deportation. Once they start saying this just know the writing is on the wall. Sorry u married someone who doesn't respect you and your feelings.

Edited by abbynak


Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.