Jump to content

11 posts in this topic

Recommended Posts

I've been with my husband for six years and I got my status adjusted through him. We got married back in 2013 and I got my green card in July of 2014. Shortly after we got married, he moved his mom in with us. Long story short, our relationship is now ruined. Our marriage is ruined. That woman is a nightmare. Now we're talking about divorce. We're already separated. The problem with that is, I still need to remove my conditions in May, 2016. I don't know what to do and I am so afraid. My life is here now. I don't want to be deported.

Share this post


Link to post
Share on other sites

~~Moved to Effects of Major Family Changes from ROC - As similar discussions are discussed in this forum. And at this time Anori is not applying for ROC. She is looking for support and help to understand her next steps.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

That's not why we're divorcing. I was fine that she moved in, but I knew there would be issues, because for starters, she didn't even know we were gay. She always came in-between our relationship and she treated me like I was so beneath her. She had no regard for me and I would always talk to my husband about it. He didn't want to do anything to make the situation better. We started to get into arguments because I wan't happy. I felt like I didn't even belong in my own home. Instead of fixing the issue, he did the next best thing... screw someone else. I moved out. Now here I am and I don't know what to do.

Share this post


Link to post
Share on other sites

~~Judgmental and non contributing post removed. One post quoting also removed. If you cannot answer the OP Do Not Post.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

That's not why we're divorcing. I was fine that she moved in, but I knew there would be issues, because for starters, she didn't even know we were gay. She always came in-between our relationship and she treated me like I was so beneath her. She had no regard for me and I would always talk to my husband about it. He didn't want to do anything to make the situation better. We started to get into arguments because I wan't happy. I felt like I didn't even belong in my own home. Instead of fixing the issue, he did the next best thing... screw someone else. I moved out. Now here I am and I don't know what to do.

I understand and I apologize about my judgmental post. That was very wrong that your spouse did not tell his mother you all were a homosexual couple. This is just awful.

Please read these instructions.

http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

You can file as long as you can prove you entered into your marriage in good faith and you need to file before you are put into removal proceedings. Good luck.

Share this post


Link to post
Share on other sites

Basically, you will have to show that you entered the marriage in good faith. The most important things will be evidence of cohabitation and cominging of finances. USCIS usually also wants to see that you held yourself out as a married couple to your family and friends, although I don't know if they have a policy in that regard on same-sex couples who may still wish to be "in the closet" to at least some of their network.

The circumstances of separation are not directly germane to the marital bona fides, but they may give an indication as to what the parties' intentions were. In your situation, it's extremely unlikely USCIS would interpret the marital breakup as evidence that you did marry in good faith. (As opposed to, say, if you had been involved in an affair prior to marriage and continued it even after marriage.)

It will help to remain on good terms with your spouse. First, it will help you collect the relevant evidence. Second, if the marriage is not terminated by the time the I-751 process is ripe, you may have to file a joint petition, which will require his signature. Finally, while the spouse's evidence or position is certainly not dispositive (remember, some couples conspire to enter into sham marriages), it can't hurt and could help if his story comports with yours about how the marriage began in good faith but then dissolved.

Your spouse's good faith is not relevant - only yours is.

Share this post


Link to post
Share on other sites

You have two options. Stay married and file Removal of Conditions jointly. Or divorce and file Removal of Conditions by yourself.

In both cases, you need to show the marriage was genuine at the time you got your green card. As long as you can show that, you will keep your permanent residency and not be deported.

Share this post


Link to post
Share on other sites

It's irrelevant. As long as they were married in a state or country that recognized same sex marriage, they were married for federal purposes.

ANYHOW

I'm so sorry you've had to go through this. It does sound down right awful.

You can file based on divorce, which I suggest you do asap. Collect anything that shows you entered the marriage in good faith and anything that shows you had a genuine marriage when you were there. Best of luck to you.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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.
×