Divorce 6 months after receiving conditional green card

[MariaSv 0]

Looking for some feedback regarding my options/chances in this situation:

I relocated to the United States from Russia 6 years ago right after graduating college. I was accepted into a psychology doctorate program and obtained a student visa. 3 years ago, while still in school, I met and started dating my husband, an American citizen. We met through a mutual friend who knows both of us really well, and a year and a half into the relationship, we moved in together. At that point, I received my doctorate degree and was on OPT status. In November 2014, he proposed and I happily accepted. We both had big plans for our future (e.g., a really nice house, traveling etc) and decided to only have a big wedding some time later if we could afford it. We got married at the courthouse on our 2-year anniversary, and after some research, decided that I should apply for a family-based green card. The process was very easy and we got approved after a very brief interview without any RFEs or scary questions. I received my conditional greencard in June 2015, and at that time also got licensed as a psychologist and was offered a much higher paying job, while my husband was waiting for a promotion. So we decided that we did, in fact, want a big wedding and started planning it. In September 2015, we moved into a new apartment...and a week ago, we decided to get a divorce. We have been having some problems in the last 3 months, a lot of petty and not so petty fighting, disagreements...realizing that we were not making each other happy, and won't be able to in the long run because we disagree on some fundamentally important things. My husband is a very opinionated person who has told me before that if our "perfect" relationship (it really seemed perfect for a long time) at some point stopped being "perfect", he would have no interest in working on it, because he believes that if you have to work too hard for it, it's not worth it and not meant to be. So there is no counseling or anything like that...not a chance. At this point, we are done. We have not started the divorce proceedings yet but only because I was the one who had to move out and I asked him to wait until I find a place to live.

I spoke with an attorney today and will be speaking with another one later. The attorney stated that the fact that my marriage is over so soon after I received my green card raises a major red flag. In terms of proof of bona fide marriage, I have the following things:

1. Leasing contract for the apartment with both of our names

2. Joint car insurance

3. My life insurance where my husband is the beneficiary

4. Tons of pictures with friends and his family at various times

5. Email exchanges between us when we were still married

6. Emails from wedding venues (date stamped) from when we were planning the wedding

7. Text messages from his mom and sister-in-law after we told them we were going to get divorced (they are still super supportive of me)

8. I can get a few affidavits from mutual friends, not sure though if his family would agree to write anything at this point

What we do not have is any joint property, joint leases, or joint bank accounts. We were actually not going to merge our finances because we both valued that independence, and both made about the same amount of money. We were going to buy a house at some point but did not get there, obviously.

So question is, how bad is my situation? What are my chances of successfully getting the conditions lifted if I petition by myself?

Thank you

[Cheezees 1,514]

My husband is a very opinionated person who has told me before that if our "perfect" relationship (it really seemed perfect for a long time) at some point stopped being "perfect", he would have no interest in working on it, because he believes that if you have to work too hard for it, it's not worth it and not meant to be.

I don't know how bad it will be divorcing and applying for ROC so soon after the conditional GC.

But I will say the above statement is one of the most callous opinions I've ever seen. Pretty much "You'd better make sure things are always roses or I'm through with you." What a blow to the relationship.

I truly wish you the best. Good luck!

[TBoneTX 43,250]

You have a lot more evidence of a bona fide marriage than do most people.

[Sandra G. 5,018]

I disagree with T Bone,you basically don't have many proof of a bonafide marrige at all.I saw people with what you have,plus bank account and tax returned filed jointly as well, and many of them had the l751 denied.Last week one physician contacted me, he separated 8 months after he received his GC, he had everything you can imagine showing bonafide marriage.His interview lasted 45min and the officer said he didn't believe the marriage was a bonafide marriage. Both are physicians,same age,same religion,same family background,that being said you better prepare yourself because you may have a tough time proving that you had a bonafide marriage.

Edited December 8, 2015 by sandranj

[MariaSv 0]

I don't know how bad it will be divorcing and applying for ROC so soon after the conditional GC.

But I will say the above statement is one of the most callous opinions I've ever seen. Pretty much "You'd better make sure things are always roses or I'm through with you." What a blow to the relationship.

I truly wish you the best. Good luck!

Thank you!

I disagree with T Bone,you basically don't have many proof of a bonafide marrige at all.I saw people with what you have,plus bank account and tax returned filed jointly as well, and many of them had the l751 denied.Last week one physician contacted me, he separated 8 months after he received his GC, he had everything you can imagine showing bonafide marriage.His interview lasted 45min and the officer said he didn't believe the marriage was a bonafide marriage. Both are physicians,same age,same religion,same family background,that being said you better prepare yourself because you may have a tough time proving that you had a bonafide marriage.

What were the officer's reasons for not believing that it was a bona fide marriage?

[Advanced Aardvark 82]

How much time was remaining on your OPT status when you decided it would be a good idea to get married? This could be a factor in weighing if the marriage was bona fide.

Good luck.

[klang78 8]

All I will say is that these IO don't play with these type of situations. Just be prepare for all the questions.

Good luck!

[verysadguy 170]

Of course there is always my case where the only bonafides were a marriage certificate, one health insurance card, and the baby's birth certificate. No bills, no name change, no tax return, no bank account.

But what my ex did have was expert help on "Maneuvering" through the system with a very weak "emotional abuse" claim and no police report.

Sometimes I just think its how the "special agent" at USCIS is feeling that day be there is no consistency. I've heard similar about the wide ranging results at immigration court based on what judge you get.

Bonafides of marriage should be rock solid, but they are not.

It should be marriage, 3 bills, 2 tax returns, a bank account with activity etc...not one day this or one day that...

I disagree with T Bone,you basically don't have many proof of a bonafide marrige at all.I saw people with what you have,plus bank account and tax returned filed jointly as well, and many of them had the l751 denied.Last week one physician contacted me, he separated 8 months after he received his GC, he had everything you can imagine showing bonafide marriage.His interview lasted 45min and the officer said he didn't believe the marriage was a bonafide marriage. Both are physicians,same age,same religion,same family background,that being said you better prepare yourself because you may have a tough time proving that you had a bonafide marriage.

[MariaSv 0]

How much time was remaining on your OPT status when you decided it would be a good idea to get married? This could be a factor in weighing if the marriage was bona fide.

Good luck.

We got married 8 months before my OPT expired...good or bad?

thank you

[verysadguy 170]

Most of these are proof of relationship. That is not the same as bonafides of marriage.

1. Leasing contract for the apartment with both of our names BONAFIDE

2. Joint car insurance BONAFIDE

3. My life insurance where my husband is the beneficiary BONAFIDE (only slightly)

4. Tons of pictures with friends and his family at various times NO

5. Email exchanges between us when we were still married NO

6. Emails from wedding venues (date stamped) from when we were planning the wedding NO

7. Text messages from his mom and sister-in-law after we told them we were going to get divorced (they are still super supportive of me) NO

8. I can get a few affidavits from mutual friends, not sure though if his family would agree to write anything at this point NO

This link helps. Focus on the DOCUMENTS and CONTRACTS. Not love letters and pictures. You need to show legal contracts and financial responsibilities.

http://www.***removed***/greencard/bona-fide-marriage-documentation.html

[MariaSv 0]

Most of these are proof of relationship. That is not the same as bonafides of marriage.

1. Leasing contract for the apartment with both of our names BONAFIDE

2. Joint car insurance BONAFIDE

3. My life insurance where my husband is the beneficiary BONAFIDE (only slightly)

4. Tons of pictures with friends and his family at various times NO

5. Email exchanges between us when we were still married NO

6. Emails from wedding venues (date stamped) from when we were planning the wedding NO

7. Text messages from his mom and sister-in-law after we told them we were going to get divorced (they are still super supportive of me) NO

8. I can get a few affidavits from mutual friends, not sure though if his family would agree to write anything at this point NO

This link helps. Focus on the DOCUMENTS and CONTRACTS. Not love letters and pictures. You need to show legal contracts and financial responsibilities.

http://www.***removed***/greencard/bona-fide-marriage-documentation.html

Thank you for your feedback. Unfortunately, those are all the documents and contracts that I have, and I don't think I can obtain any other documents at this point:(

[Sandra G. 5,018]

Mariasv the officer told him that his separation after 8months of receiving his GC was suspicious.

[MariaSv 0]

Mariasv the officer told him that his separation after 8months of receiving his GC was suspicious.

Hmmm...that's not good. But then isn't any separation suspicious?

[Ebunoluwa 6,136]

I don't know how bad it will be divorcing and applying for ROC so soon after the conditional GC.

But I will say the above statement is one of the most callous opinions I've ever seen. Pretty much "You'd better make sure things are always roses or I'm through with you." What a blow to the relationship.

I truly wish you the best. Good luck!

I totally agree, that is just nuts ^^

What you have is a bit skimpy, I would add a statement of why you don't have mingled your finances as they are big on wanting joint bank

accounts and joint credit cards etc.

[PhilLuv 43]

My fingers crossed for you. Sometimes there are things that cannot be helped in situations like this. Hopefully the documents you have are enough to see you through.