I really need your help and advice thank you! (merged)

[Joy143 0]

With a marriage that lasted such a short time you may have some difficulty in showing that it was in good faith. You can try, using the fact of his marriage history to support how he is. Be prepared through for it to be denied. DO you have proof that you were the beneficiary on his 401 K ? Just saying so isn't going to work.

Yes I do have 401k proof and some of his insurances

[Dave&Roza 748]

Yes I do have 401k proof and some of his insurances

When you get the final divorce decree, gather up all the evidence that you have of your lives together for the 5 months of marriage, and file for removal of conditions (ROC). See what happens. Once a decision is made on the I-751, you will either be a LPR with a 10 year GC or have to leave the US. Expect the worst which might mean an interview to explain why the marriage ended after only 5 months. You might be asked what you did to try to save the marriage. Just remember that it is up to you to prove to the IO that you entered the marriage in good faith and not to just obtain a GC and live in the US.

Good luck,

Dave

[Eastroc 13]

Wow some people are a bit cold blooded. Who cares whether her story is completely 1 sided or not. Give her the options available and let her pursue what she desires. Its up to USCIS to determine whether she entered marriage in good faith or not, not us.

So gather all the evidence possible, prepare for questions pertaining to why your marriage failed and what you tried to remedy the situation. Decide whether you truly desire to stay here in US or go back home. I wish you the best in what you decide.

[Cheezees 1,514]

From what I have read (though not experienced myself), once you file for divorce and NOT when you receive the final divorce decree, you have to apply for ROC with a divorce waiver. (Anyone, please correct me is I am wrong here!). What I do not think you are allowed to do is reside in the US with a GC directly linked to your spouse (you are an immediate relative thus you were able to obtain an GC) WITHOUT the marriage to the spouse as many erroneously do. The condition (marriage of less than 2 years) by which your GC was issued no longer exists and you are not eligible to just "wait out" the 2 years. Again, if this is not correct, please enlighten me.

The short span of your marriage may not be in your favour, however, USCIS is not in the business of marriage counseling, nor do they care if your marriage worked out. Their interest is in the legitimacy under which the marriage was first entered. You need to present evidence that a "normal" non-scamming couple would have had up to the stage at which your marriage fell apart. Did you live together, have joint finances/bank accounts, have joint liability/credit cards/car loans/mortgages/health and life insurance, did you take trips together, make major purchases, etc.?

Wanting to continue the life you have looked forward to and built, if only for a few months, is pretty normal in my view. The "why don't you want to go back to your country" posts are bizarre to me. If your life is better here than it was back home, why wouldn't you want to stay? Good luck!

[Villanelle 4,121]

From what I have read (though not experienced myself), once you file for divorce and NOT when you receive the final divorce decree, you have to apply for ROC with a divorce waiver. (Anyone, please correct me is I am wrong here!). What I do not think you are allowed to do is reside in the US with a GC directly linked to your spouse (you are an immediate relative thus you were able to obtain an GC) WITHOUT the marriage to the spouse as many erroneously do. The condition (marriage of less than 2 years) by which your GC was issued no longer exists and you are not eligible to just "wait out" the 2 years. Again, if this is not correct, please enlighten me.

The short span of your marriage may not be in your favour, however, USCIS is not in the business of marriage counseling, nor do they care if your marriage worked out. Their interest is in the legitimacy under which the marriage was first entered. You need to present evidence that a "normal" non-scamming couple would have had up to the stage at which your marriage fell apart. Did you live together, have joint finances/bank accounts, have joint liability/credit cards/car loans/mortgages/health and life insurance, did you take trips together, make major purchases, etc.?

Wanting to continue the life you have looked forward to and built, if only for a few months, is pretty normal in my view. The "why don't you want to go back to your country" posts are bizarre to me. If your life is better here than it was back home, why wouldn't you want to stay? Good luck!

Ok heres the deal. When you get a conditional GC you must file to remove conditions on it. The 'window' opens 90 days prior to the card expiring. You must apply before the card expires. If you qualify for a waiver (we are talking any waiver tic box-divorce,abuse,widow) you are eligible to apply as soon as you qualify for the waiver. So being eligible for the waiver gives you the ability to 'open the window' early. You dont have to.

Some people choose not to because- they are going through the divorce process and do not have the final decree yet and want to wait until they have it or are close to having it before filing to avoid RFEs and delays, they are saving up money for an attny, or they are unsure if they will be approved and are 'buying time' by putting it off for as long as possible.

As expected many people have opinions about this. Some feel its wrong to not apply right away. (morally speaking) because like you said the GC was issued based on a relationship thats no longer there. But policy wise there is no provision requiring you to file immediately. Your case will not be denied because you divorced 5 or 6 months into marriage and did not file for ROC until the 90 days before the card expires. Sure in that situation they may ask you- the answers can range from I didnt know I could to the divorce took 12+ months to complete to the rarely admitted I was scared to apply. Your answer is going to matter as ROC is about proving your intentions so if you lie or appear that immigration is your number one priority it can cast doubt on your intentions with the marriage in the first place.

[NickD 202]

Just download this form and the instructions and if you have questions, some of the good people here will help you.

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

Ha, and a big ha at this, when I first read the waivers, started to wonder why the USCIS was even putting good marriages through all this misery.

Mentioned in another post about my wife's friend that was a very nice super sweet and beautiful young woman that married an abusive husband. She like you is here alone and afraid. She did request moving in with us, didn't feel this would be a good idea, since I would spend hours alone with her. But we found a home for her in Milwaukee that takes very good care of women in your situation, even educates and free legal help is available.

She made a life for herself here, and so can you and didn't have very much to go back to.

Shame on you people for being so critical and jumping to conclusions, here to help, not to hurt.

Yes you should send in your I-751 ASAP, that was good advice. Think of my own darling wife if our marriage didn't work out, sold her property, quit her job, and made a great personal sacrifice to come here. Would be an extreme hardship if she had to return.

[Cheezees 1,514]

Ok heres the deal. When you get a conditional GC you must file to remove conditions on it. The 'window' opens 90 days prior to the card expiring. You must apply before the card expires. If you qualify for a waiver (we are talking any waiver tic box-divorce,abuse,widow) you are eligible to apply as soon as you qualify for the waiver. So being eligible for the waiver gives you the ability to 'open the window' early. You dont have to.

Some people choose not to because- they are going through the divorce process and do not have the final decree yet and want to wait until they have it or are close to having it before filing to avoid RFEs and delays, they are saving up money for an attny, or they are unsure if they will be approved and are 'buying time' by putting it off for as long as possible.

As expected many people have opinions about this. Some feel its wrong to not apply right away. (morally speaking) because like you said the GC was issued based on a relationship thats no longer there. But policy wise there is no provision requiring you to file immediately. Your case will not be denied because you divorced 5 or 6 months into marriage and did not file for ROC until the 90 days before the card expires. Sure in that situation they may ask you- the answers can range from I didnt know I could to the divorce took 12+ months to complete to the rarely admitted I was scared to apply. Your answer is going to matter as ROC is about proving your intentions so if you lie or appear that immigration is your number one priority it can cast doubt on your intentions with the marriage in the first place.

Thank you!!!

[POA 175]

I came here in USA May 23,2015 and got married last June 28,2015.through k-1 visa. Unfortunately our relationship didn't workout out we always having a fight with my husband and He got 3 broken marriages before but I tried to keep our relationship but I can't take it anymore and we decided to get divorce and I moved to my friends apartment even it's hard on me because I don't have family here. . We only got married for 5 months and got divorce. And for right now I got my 2 yrs green card and I got a job so that I can survive here. My Concern is after my 2 yrs resedency . Removal of condition what do I need to do. Do I can still stay here in America after 2yEARS? Or do I can file by my self removal of condition without his signature? Do I need a lawyer for that? WHEN we still married I am his beneficiary like 401k, insurance and we got joint bank accounts. Is this is enough for proof. I really need your advice please what to Do thank you!

I am sorry your marriage didn't work. Things happen. As others said, you can remove conditions with a waiver as long as you can prove that you entered the marriage in good faith. Going home to the PH is easy but if you have already established your life here. If I am in your situation, I would also not think of going home since I have a better job here than I have home. But that's just me. Weigh things. If my job here sucks and will have a better life and job in the PH then I'll go home and forget about what people will say in the PH just because you went home. You know what I mean.

[Cathi 5,613]

I don't understand why people in this thread are attacking someone who came here asking for advice, NOT judgement. If you don;t have advice to offer, don;t comment at all!!!

OP: You can file for removal of conditions on your own. You need to file a divorce waiver and send in evidence of a bonafide marriage. Don't listen to those telling you to go home or get a lawyer or you should have worked on your marriage. None of it is their business..No need to go home

[Penguin_ie 5,986]

***** Many posts removed for TOS violations (personal attacks, bickering, judgemental comments), or quoting same. Post with helpful advice for the OP, or do not post- thread bans and further admin action will follow. ******

Edited December 23, 2015 by Penguin_ie

[Arrow 25]

You can still file for ROC i would suggest getting a good immigration attorney.

[Joy143 0]

You can still file for ROC i would suggest getting a good immigration attorney.

You can still file for ROC i would suggest getting a good immigration attorney.

You can still file for ROC i would suggest getting a good immigration attorney.

You can still file for ROC i would suggest getting a good immigration attorney.

You can still file for ROC i would suggest getting a good immigration attorney.

You can still file for ROC i would suggest getting a good immigration attorney.

Thank you so much guys appreciate your advice!

[Joy143 0]

Just download this form and the instructions and if you have questions, some of the good people here will help you.

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

Ha, and a big ha at this, when I first read the waivers, started to wonder why the USCIS was even putting good marriages through all this misery.

Mentioned in another post about my wife's friend that was a very nice super sweet and beautiful young woman that married an abusive husband. She like you is here alone and afraid. She did request moving in with us, didn't feel this would be a good idea, since I would spend hours alone with her. But we found a home for her in Milwaukee that takes very good care of women in your situation, even educates and free legal help is available.

She made a life for herself here, and so can you and didn't have very much to go back to.

Shame on you people for being so critical and jumping to conclusions, here to help, not to hurt.

Yes you should send in your I-751 ASAP, that was good advice. Think of my own darling wife if our marriage didn't work out, sold her property, quit her job, and made a great personal sacrifice to come here. Would be an extreme hardship if she had to return.

[Joy143 0]

Just download this form and the instructions and if you have questions, some of the good people here will help you.

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

Ha, and a big ha at this, when I first read the waivers, started to wonder why the USCIS was even putting good marriages through all this misery.

Mentioned in another post about my wife's friend that was a very nice super sweet and beautiful young woman that married an abusive husband. She like you is here alone and afraid. She did request moving in with us, didn't feel this would be a good idea, since I would spend hours alone with her. But we found a home for her in Milwaukee that takes very good care of women in your situation, even educates and free legal help is available.

She made a life for herself here, and so can you and didn't have very much to go back to.

Shame on you people for being so critical and jumping to conclusions, here to help, not to hurt.

Yes you should send in your I-751 ASAP, that was good advice. Think of my own darling wife if our marriage didn't work out, sold her property, quit her job, and made a great personal sacrifice to come here. Would be an extreme hardship if she had to return.

[Joy143 0]

Just download this form and the instructions and if you have questions, some of the good people here will help you.

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

Ha, and a big ha at this, when I first read the waivers, started to wonder why the USCIS was even putting good marriages through all this misery.

Mentioned in another post about my wife's friend that was a very nice super sweet and beautiful young woman that married an abusive husband. She like you is here alone and afraid. She did request moving in with us, didn't feel this would be a good idea, since I would spend hours alone with her. But we found a home for her in Milwaukee that takes very good care of women in your situation, even educates and free legal help is available.

She made a life for herself here, and so can you and didn't have very much to go back to.

Shame on you people for being so critical and jumping to conclusions, here to help, not to hurt.

Yes you should send in your I-751 ASAP, that was good advice. Think of my own darling wife if our marriage didn't work out, sold her property, quit her job, and made a great personal sacrifice to come here. Would be an extreme hardship if she had to return.

Just download this form and the instructions and if you have questions, some of the good people here will help you.

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

Ha, and a big ha at this, when I first read the waivers, started to wonder why the USCIS was even putting good marriages through all this misery.

Mentioned in another post about my wife's friend that was a very nice super sweet and beautiful young woman that married an abusive husband. She like you is here alone and afraid. She did request moving in with us, didn't feel this would be a good idea, since I would spend hours alone with her. But we found a home for her in Milwaukee that takes very good care of women in your situation, even educates and free legal help is available.

She made a life for herself here, and so can you and didn't have very much to go back to.

Shame on you people for being so critical and jumping to conclusions, here to help, not to hurt.

Yes you should send in your I-751 ASAP, that was good advice. Think of my own darling wife if our marriage didn't work out, sold her property, quit her job, and made a great personal sacrifice to come here. Would be an extreme hardship if she had to return.