Advice Help Needed

[souljam33 0]

hi, I'm currently involved in a relationship with a married filipina woman who has been married for 1 year and 3 months. The situation in her marriage isn't good at all, she works, he doesn't, and they live with his parents. Long story short, she wants to get divorced as she feels the marriage is broken and is worried she will have to leave as she does not have her 10 yr green card at this point. Any information or help would be greatly appreciated

[Inikamoze 86]

Well it pretty much is broken if she's having an affair with you obviously!

She could divorce her husband and file for a divorce waiver when she applies for ROC. she will be hard pushed to prove it was a bona fide marriage considering she's already in another relationship whilst being married for little over a year.

Could be seen it was a fraudulent attempt at entering the country by using one USC to enter and then partner up with the "real relationship". Not saying it is by the way but officers if they find out would certainly take a dim view of it and question her.

Or they might not bat an eyelid and she's free to be on her way.

[souljam33 0]

Thanks for your reply, she has been here since may 2015 and got married in aug 2015. She has tried to make the marriage work, but he seems content to live in his parents house and not even attempt to find a job. I understand what your saying about being able to prove it was a bona fide marriage. I've asked her to start documenting different things that have come up regarding finances, him always asking her for money, and situations where he has not treated her kindly. An example would be how he won't let her choose the bank she wants to have her paycheck deposited. He insists that she needs to use the bank of his choice, but its not convient for her. He uses her dependency on him to his advantage. Im thinking being able to show documentation of this type of behavior would be helpful when she needs to tell her side of the story. She is a very hard working mother with children in the philippines which she supports without any assistance from him. thanks for reading, and your replies are certainly helpful

[Sandra G. 5,023]

Documenting that her husband is a lazy man and he is unemployed will not make any difference to Uscis.She still has to prove "commingling finances", and if she can't prove this then she is screwed.

She has two choices 1) divorce him and file l751 waiver,she has to prove bonafide marriage,2) Divorce him or just to separate and file l751 waiver based in abuse,if she is being abused,and she has to prove bonafide marriage and abuse as well.

[souljam33 0]

Documenting that her husband is a lazy man and he is unemployed will not make any difference to Uscis.She still has to prove "commingling finances", and if she can't prove this then she is screwed.

She has two choices 1) divorce him and file l751 waiver,she has to prove bonafide marriage,2) Divorce him or just to separate and file l751 waiver based in abuse,if she is being abused,and she has to prove bonafide marriage and abuse as well.

thanks for this advice, it helps. The marriage is bona fide, she's just going to have to explain the reasons whey the marriage has dissolved. I know the length of her marriage has been short and filing i751 waiver is a concern to me

[Villanelle 4,121]

yeah- you are missing the point. There is no one to explain anything to. Not in the way that you are imagining. If she doesnt know what the process of ROC involves (removing of conditions) and you are trying to help her- well go over to the ROC sub forum and read the pinned posts and all the posts you can find about ROC with a divorce waiver. Come back if you need more help...

Its all about the evidence you provide in your packet. This is paperwork showing co-mingled assets and life. You would file under a waiver (either divorce or cruelty and she does not meet the definition of cruelty) You can include a one page or so explanation of events if you want (or some call it an affidavit) however this is NOT considered strong evidence or any kind of evidence really. Its simply an explanation of events to give the person reviewing your file an idea of what they are looking at and what went on. They base their decision on the paperwork evidence you submit. If you dont have enough you will go for an interview where they will evaluate your case and you in person and decide. You can argue there factors like he was lazy and a lousy husband that caused a lack of documents if youd like.

[souljam33 0]

thanks for the steering me in the right direction, i'll check out the ROC sub forum. I appreciate the help with this

[Villanelle 4,121]

thanks for the steering me in the right direction, i'll check out the ROC sub forum. I appreciate the help with this

Just FYI- we dont usually offer help (as a community) to 3rd parties. Not because of personal judgments or moral grounds (like the fact that you are her BF) - but because the immigration process is very complex and the 3rd party never has the complete story. Little details are important. They can have a huge impact on the case/situation and can cause a different path to need to be taken (so different advice would need to be given).

When a 3rd party comes on looking for info, it is always asked that the relevant party comes and makes their own account and gets the info themselves if possible.

There is also the possibility that the 3rd party is being used or mislead and again not getting the full story. Members on here do not like to contribute to situations like that nor is it a good use of our collective time to be used on situations like that. Not saying this is your case- but how do we know?

Your options are to help your "friend" with DIY assistance based on what you see here and then urge her to join the forum herself or help her with financial assistance to hire an attny to put together a ROC packet for her..

[souljam33 0]

i will certainly do that and thank you for you giving me a better understanding how things work