Divorce while on CR-1 Visa

[CR1Divorce 0]

I know there's topics on this subject, but I feel as though nothing fits my situation as closely as I'd like.

I intend to consult a lawyer very soon, but I'd just like some preliminary advice.

TL;DR

- I'm an Australian male in my mid 20s married to an American in her mid 20s.

- Met wife in person in February 2012, immediately began a mostly long-distance relationship.

- Married in August 2013.

- Visa application began in October 2013.

- Mother-in-law was financial co-sponsor.

- Approved in February 2015. I moved to the US the same month.

- Separated in September 2015. Basically zero contact since. Living separately. Divorce not filed for yet (awaiting NY residency requirements).

- Wife filed for Order of Protection, falsely alleging emotional abuse. She didn't show up to the court date. Order was dismissed without prejudiced. She never refiled.

- CR-1 expires February 2017.

- Expect wife and her family to actively hinder visa application.

In more detail:

I haven't filed anything or made any changes since the separation 11 months ago. I know I'm an idiot for this, but I just didn't want to deal with it.

Basically, we met through a mutual friend while I was on vacation in the US in 2012. Fell in love. Were together three and a half years from the day we met until we separated. Married in the US 18 months after meeting (while I was on vacation to see her, went back to Australia after the wedding). Mutual friend was my best man. Took regular vacations back and forth to see each other. She moved from her home state to NYC in September 2014. I moved in with her when my visa was approved in February 2015. We had our ups and downs, but a mostly good marriage for the seven months we were together.

Without going into too much detail, my wife suffered from some emotional distress, we had a bad couple of weeks, and she completely blindsided me with a separation. She also filed for an Order of Protection from the New York State Court. She was falsely alleging emotional abuse (no physical allegations, thankfully). However, she failed to show up to the hearing later that week, so the judge dismissed the order, which she never bothered to refile. I have not physically seen her since the moment we broke up. So, I have no current order against me, nor any current or prior history with the police or complaints of abuse or misconduct. I moved to another apartment in the city three days after the separation (she stayed at her parents place until this time). All contact has been via email, and strictly logistical (phone bills, etc.). But not even any email contact since around January 2016.

We have no children. No pets. No shared assets. No shared possessions of any kind, really. No savings, just paycheck to paycheck on both our parts. So logistics are no problem. I think my wife wants an uncontested divorce. She just has to wait to fulfil a NY State requirement of two years residency before she can file.

So, I desperately want to stay in the country...

- What's the first step for me? I'm sure there's things I should have done 11 months ago. But it is what it is, and I have to make the best of it now.

- Is there any way I'll be able to make a somewhat simple transition to an IR-1 or similar visa, even if divorced? Simply by proving the legitimacy of the marriage (a simple task with a lot of evidence)?

- Is it in my best interest to delay the divorce?

- Is it possible to transition to a totally different visa? I have been working in the same (relatively low-skilled and not degree-related) job since April 2015. But I doubt my employer would sponsor me even if eligible.

- I have a Master's degree if that counts for anything (probably not).

- Are there any loopholes I can use to extend the visa beyond February, even if it is not immediately approved?

- Not only do I not expect my wife to help me stay in the country, I expect her and her family to actively hinder my chances in any way possible. How problematic is this?

Hope you guys can help with any of this.

Thanks.

Edited August 9, 2016 by CR1Divorce

[Cathi 5,616]

I know there's topics on this subject, but I feel as though nothing fits my situation as closely as I'd like.

I intend to consult a lawyer very soon, but I'd just like some preliminary advice.

TL;DR

- I'm an Australian male in my mid 20s married to an American in her mid 20s.

- Met wife in person in February 2012, immediately began a mostly long-distance relationship.

- Married in August 2013.

- Visa application began in October 2013.

- Mother-in-law was financial co-sponsor.

- Approved in February 2015. I moved to the US the same month.

- Separated in September 2015. Basically zero contact since. Living separately. Divorce not filed for yet (awaiting NY residency requirements).

- Wife filed for Order of Protection, falsely alleging emotional abuse. She didn't show up to the court date. Order was dismissed without prejudiced. She never refiled.

- CR-1 expires February 2017.

- Expect wife and her family to actively hinder visa application.

In more detail:

I haven't filed anything or made any changes since the separation 11 months ago. I know I'm an idiot for this, but I just didn't want to deal with it.

Basically, we met through a mutual friend while I was on vacation in the US in 2012. Fell in love. Were together three and a half years from the day we met until we separated. Married in the US 18 months after meeting (while I was on vacation to see her, went back to Australia after the wedding). Mutual friend was my best man. Took regular vacations back and forth to see each other. She moved from her home state to NYC in September 2014. I moved in with her when my visa was approved in February 2015. We had our ups and downs, but a mostly good marriage for the seven months we were together.

Without going into too much detail, my wife suffered from some emotional distress, we had a bad couple of weeks, and she completely blindsided me with a separation. She also filed for an Order of Protection from the New York State Court. She was falsely alleging emotional abuse (no physical allegations, thankfully). However, she failed to show up to the hearing later that week, so the judge dismissed the order, which she never bothered to refile. I have not physically seen her since the moment we broke up. So, I have no current order against me, nor any current or prior history with the police or complaints of abuse or misconduct. I moved to another apartment in the city three days after the separation (she stayed at her parents place until this time). All contact has been via email, and strictly logistical (phone bills, etc.). But not even any email contact since around January 2016.

We have no children. No pets. No shared assets. No shared possessions of any kind, really. No savings, just paycheck to paycheck on both our parts. So logistics are no problem. I think my wife wants an uncontested divorce. She just has to wait to fulfil a NY State requirement of two years residency before she can file.

So, I desperately want to stay in the country...

- What's the first step for me? I'm sure there's things I should have done 11 months ago. But it is what it is, and I have to make the best of it now.

- Is there any way I'll be able to make a somewhat simple transition to an IR-1 or similar visa, even if divorced? Simply by proving the legitimacy of the marriage (a simple task with a lot of evidence)?

- Is it in my best interest to delay the divorce?

- Is it possible to transition to a totally different visa? I have been working in the same (relatively low-skilled and not degree-related) job since April 2015. But I doubt my employer would sponsor me even if eligible.

- I have a Master's degree if that counts for anything (probably not).

- Are there any loopholes I can use to extend the visa beyond February, even if it is not immediately approved?

- Not only do I not expect my wife to help me stay in the country, I expect her and her family to actively hinder my chances in any way possible. How problematic is this?

Hope you guys can help with any of this.

Thanks.

why are you so desperate to stay here? You were only together in this country for 8 months before she filed for separation.

there is no "transition" to an Ir1- you arrived with a cr1-an ir1 visa would have been issued if you were married longer than 2 years BEFORE you arrived

There is no visa to extend- you have a green card, you entered the country with a visa. You really need to do some reading on immigration and the difference between a visa and a green card. You arrived with a cr-1 visa, that visa is gone-you now have a 2 year conditional green card and there no transition from any visa(you're confused, misinformed or both). After being in the US for 2 years you remove conditions on the 2 year conditional green card for a 10 year green card with no conditions. But in order to do this you must still be married and NOT separated. You have the option to file a divorce waiver-and remove conditions on your own, but you must be able to prove the marriage was entered to in good faith..and you must be divorced-which you haven't even filed for yet. You cannot lie to USCIS and tell them you are still together when you're not, that is visa fraud.

[CR1Divorce 0]

But in order to do this you must still be married and NOT separated. You have the option to file a divorce waiver-and remove conditions on your own, but you must be able to prove the marriage was entered to in good faith..and you must be divorced-which you haven't even filed for yet. You cannot lie to USCIS and tell them you are still together when you're not, that is visa fraud.

Well, I mean, that's exactly the information I'm looking for. I didn't mention anywhere that I was planning to lie to the USCIS.

And I want to stay because it's where I've always wanted to live. Even after 16 months it feels like my home. My entire life is here.

[Cheezees 1,514]

why are you so desperate to stay here? You were only together in this country for 8 months before she filed for separation. There is absolutely no judgment for beneficiaries who use legal means to want to stay in the US. Leaving your home behind, selling off assets, etc. is a tough thing to do and after 8 months, for some people just moving back is not something they want or can do. Maybe he just really really likes it here. There no shame in desiring his new life even if his marriage did not work out.

there is no "transition" to an Ir1- you arrived with a cr1-an ir1 visa would have been issued if you were married longer than 2 years BEFORE you arrived

There is no visa to extend- you have a green card, you entered the country with a visa. You really need to do some reading on immigration and the difference between a visa and a green card. OP, please pay attention to what is being said here! You arrived with a cr-1 visa, that visa is gone-you now have a 2 year conditional green card and there no transition from any visa(you're confused, misinformed or both). After being in the US for 2 years you remove conditions on the 2 year conditional green card for a 10 year green card with no conditions. But in order to do this you must still be married and NOT separated. You have the option to file a divorce waiver-and remove conditions on your own, but you must be able to prove the marriage was entered to in good faith..and you must be divorced-which you haven't even filed for yet. Everything else you said was consistent except that to apply with a divorce waiver you need only file for divorce. Later on you will be asked for the final divorce decree. The divorce does not need to be completed to file. You cannot lie to USCIS and tell them you are still together when you're not, that is visa fraud.

[Merrytooth 5,748]

Well, I mean, that's exactly the information I'm looking for. I didn't mention anywhere that I was planning to lie to the USCIS.

And I want to stay because it's where I've always wanted to live. Even after 16 months it feels like my home. My entire life is here.

What bone fide marriage evidence do you have?

Did you even file taxes jointly?

[newacct 688]

You need to file for Removal of Conditions if you want to stay in the US. A jointly-filed ROC requires her to be willing to file jointly with you. Since she will not be willing to file jointly with you, and you were not abused, you will file yourself on the basis of divorce.

Given that you will file for ROC based on divorce, you should file for divorce ASAP. It is in your interest to divorce sooner rather than later (and you should file yourself if she is not filing) because if it takes too long to finish it's going to be a hassle for divorce-based ROC (if it takes too long your ROC will be denied and you will have to re-file it through the immigration court while in removal proceedings).

I am not sure about the requirements for divorce in your state, but it seems to me that you shouldn't have to wait this long to file for divorce. If you and her are both still residing in New York now, it seems that you should only have a one year waiting period because the two of you have resided as a married couple in New York (see here, basis 2). The two year waiting period would only be if you did not reside as a married couple in New York. Have you consulted a divorce lawyer?

You should file ROC when you get within the 90 days before the 2-year card expires (Nov 2016 - Feb 2017) even if your divorce is not final by the time.

As for the evidence of bona fide marriage, you should start gathering what you can find now. She moved to the city and you moved in with her; I assume you rented? So there should be a joint lease. Did you guys have any joint accounts of any kind? Did you guys have auto insurance together? Anything that lists the spouse on health insurance, or as beneficiary on any accounts, etc? Any bookings of joint vacation? Failing that, you can try to get photos of you guys together and affidavits from friends who knew you guys as a couple.

Edited August 9, 2016 by newacct

[EM_Vandaveer 2,370]

Nevada has a 6-week residency requirement for filing divorce. Either of you would be willing to go there for that long?

Edited August 9, 2016 by EM_Vandaveer

[CR1Divorce 0]

Thanks for all the help, everyone. I'm planning to file Form I-751 this week, as I'm about 80 days from my conditional residency expiring. I just have a few more questions.

My wife ended up filing for divorce last month. It was "no fault" divorce, due to irreconcilable differences. I've signed all the necessary divorce documents, I just need to wait 4-6 months for it to be approved.

Questions

1. Do I list my marital status as married or divorced in Part 1, Section 10?

2. Should I check box 1.d in Section 3; "My marriage was entered in good faith, but the marriage was terminated through divorce or annulment"? Even though the divorce is not finalized.

3. Should I include a letter outlining that my divorce is in the process is being finalized, and outlining the reasons for the divorce? As well as a copy of the NY State divorce document that I signed?

4. Regarding payment; should I send one check for $590 covering both the filing fee and biometrics, or two checks of $505 and $85? How long does it typically take to cash the check(s), from the time that I send Form I-751? My bank account usually runs pretty low, and I'm worried about them trying to cash it at an inopportune time.

5. How soon should I expect to receive Form I-797, granting me a one year extension?

Thanks in advance. I greatly appreciate all your help.

[kiranharmony 1]

Hi I am in a similar situation in terms of divorce on CR 1. All the best to you. I hope it works out in your favour.