Jump to content

holding temporary green card and divorce.

4 posts in this topic

Recommended Posts

How is everyone doing?

I wanted to ask people here on VS for this problem that I have.

I married my husband last year. (changed status from student.)

didn't take too long for procedure and got approved.

right now I'm holding temporary green card.

But end of last year. I found out that my husband cheated on me and he wanted to keep that relationship with other woman.

so we decided to be seperated. He stayed in FL and I moved to Arkansas.

now he wants to file divorce and I wondered what's going to happen to me.

will I be able to keep processing by myself?

I have a boyfriend and he wants to marry me. if I get divorced and get married again.

will I have to start whole process again from beginning?

if someone can help me or went through the same situation, let me know I will really appriciate it!

thanks for your time and have a great day! :)

Share this post

Link to post
Share on other sites

After the divorce is final, you can do Removal of Conditions by yourself. You will have to show that the marriage was genuine at the time you got your green card. It will (likely) be approved and you will continue to be a permanent resident, so no need to file anything else.

Share this post

Link to post
Share on other sites

A fair amount depends on your relationship with your husband.

If you are married, you must file jointly with your spouse. If divorced, you may file with a divorce waiver. There is some question as to whether you can file with a waiver if you are merely in divorce proceedings. Everything that is documented suggests that your divorce must be final to file with a waiver, but my wife was told at one point, very clearly, by USCIS, that they would have entertained a waiver filing if we had been in divorce proceedings or had a legal separation.

You will have to show that you entered the marriage in good faith. Your husband going to USCIS and saying "Yeah, I was a louse, I cheated on her" is not enough. They are on guard for couples who entered into sham marriages. They are especially likely to wonder if you were going to lose your student status and it looks like you married to be able to remain in the USA.

There are many threads on this board about what proof is required, but the big ones will be to show that you lived together and comingled your finances, and to lesser extent that you held yourself out as a married couple and your families and friends knew you as one. You will have to prove this with evidence. Your husband has no legal interest in the outcome (if you divorce) - he does not have the legal right to present evidence in either direction to USCIS - but in practice, his help or obstruction will matter.

USCIS are neither there to help nor hinder you. They have seen it all, in both directions. They've seen couples engage in sham marriages to let the alien stay in the USA, and they've seen people try their hardest to build a life together and have it fall apart.

Note that if your petition for removal of conditions is denied, you will find it extremely difficult to get another green card for any reason. Marrying another citizen, or immigrating on a work visa, will not be permitted unless you can show that the denial of your I-751 was in error, which will be almost impossible.

I would make the following suggestions:

1) Start collecting evidence of a bona fide marriage. Look through the other threads on the "Removal Of Conditions" forum.

2) Stay on good terms with your husband and enlist his help. It may be difficult given how he has hurt you, but maybe he will accept some responsibility for his actions. I'm not in any way suggesting you ask him to lie for you, or that you lie. I'm just saying that his help in collecting evidence and possibly providing an affidavit could be very useful.

3) Get an attorney. They are not frightfully expensive, and if you make one little mistake that causes you to lose your residency, you will regret not having done everything possible.

4) Notwithstanding #3, continue to do your own research. Random comments by people on a message board are certainly not conclusive, but no lawyer ever cares about your case as much as you do. My wife's attorney apparently either didn't ask about her actual marital status or didn't know that failure of both spouses to appear for an interview leads to automatic denial.

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.