divorce before removing of conditions

[polishgirl28 0]

Hi,

My conditional GC is valid until March 2016 but I want to get a divorce. I am a student here in the USA and don't want to lose school (university) (in case I get denied the permanent GC).

The documents proving bona fide marriage: joint checking and savings, joint health insurance, joint car insurance, tax returns (married filing separately), sams club membership, gym membership, consent to discuss legal representation. I've also been the beneficiary of my husband's life insurance policy.

We do not have kids together and the only hardship I would experience is losing school.

Can anyone advise if this would be enough? What should I do?

[tuckin14 58]

You will not succeed on a hardship waiver. "Hardship" tends to mean children who would be left parentless, or that you would face persecution if you returned to your home country.

USCIS will not look at your marital bona fides as 5 points for this, 3 points for that, get 48 points and you pass.

You omitted mention of cohabitation. Did you live together, and do you have proof of that? (Joint lease/deed/mortgage, drivers' licenses at same address, utility bills in both names, even if some are in one name but all at the same address.) Did you actually both use the joint accounts - did both your paychecks go into it and did you both have full access to it?

Unfortunately, because no actual case histories are ever published, no one (except attorneys) know what really happens and how USCIS looks at divorce cases. Within the evidence you mentioned, what things did you do that caused you some cost or inconvenience? Are you on his health insurance, or is he on yours? If you're on his, it doesn't show any special commitment you made to the marriage.

Put yourself in the seat of the immigration officer, who is thinking "Did this woman just marry the USC for a green card, or did she genuinely love him and want to build a life together and things just didn't work out?" Pieces of paper won't answer that question. They will help but won't be definitive.

What were the circumstances of your wedding? Did you get married in such a way as to broadcast to the world that you were thrilled to be together, or did it have all the pomp and circumstance of - getting your Sam's Club membership?

Without a doubt, many people who are divorced get ROC. But what can you show USCIS to make them believe that this wasn't how you hoped things would turn out?

The process is ultimately subjective. If USCIS has a good feeling about your good faith, you'll get approved if you have merely a bare-bones evidence package, because no one will have the motive or standing to appeal your approval. If USCIS has a bad feeling, and you are missing a lot of key evidence, they will disapprove and cite lack of evidence, and it's very unlikely that an immigration judge will overturn it on the basis of "abuse of discretion."

It's true that your ROC is at least a year away (file January 2016 at the earliest and wait 6 months). You will almost surely have a stronger case if you wait. Without knowing why you want a divorce, it's difficult to comment. The answer to that question will help answer the question why you married in the first place.

[polishgirl28 0]

Thank you for your reply. I came here on a K1 visa to marry him (altogether we've been in a relationship for 5 years: over 2/of them married).

Yes, both our paychecks have been going to that account. We have been living together, we have drivers licences with the same address and all correspondence. We do not have a joint lease because he legally owns that apartment.

We attended couple's counseling for several months - I can prove it (letter from counselor and receipts.

I don't really want to get into details about the breakup of marriage here - it's too personal.

I'm just worried that I need both: proof of bone fide marriage and hardship, and, as you said, my hardship is not that strong.

Edited July 8, 2015 by polishgirl28

[NancyNguyen 1,657]

There is no hardship here, school is everywhere. Go with divorce waiver and evidences.

[Cheezees 1,514]

Thank you for your reply. I came here on a K1 visa to marry him (altogether we've been in a relationship for 5 years: over 2/of them married).

Yes, both our paychecks have been going to that account. We have been living together, we have drivers licences with the same address and all correspondence. We do not have a joint lease because he legally owns that apartment.

We attended couple's counseling for several months - I can prove it (letter from counselor and receipts.

I don't really want to get into details about the breakup of marriage here - it's too personal.

I'm just worried that I need both: proof of bone fide marriage and hardship, and, as you said, my hardship is not that strong.

You don't "need" both. All you need to do, as suggested, is file with a divorce waiver. It is quite common. The ROC process is not a test of whether or not your marriage worked out. It is a test of whether you entered into a bonafide marriage. If you did, I see absolutely no reason for a denial. Again, divorce waivers are quite common.

Also, as stated, not being able to attend a US university is NOT AT ALL a hardship. It is intended for serious cases - for example, persecution in your home country. You have no grounds (in your home country) to apply for it AND no reason (in the US) to consider it.

Edited July 8, 2015 by Cheezees