Jump to content
libragirl25

K1 greencard holder wants to get divorced

12 posts in this topic

Recommended Posts

I am a greencard holder for 4months now but my marriage is falling apart, its failing due character flaws of my husband. But i have a daughter which is k2 but still waiting for her greencard. My question is would it affect her status if i file a divorced before her greencard? Shes studying and on 2nd grade. Anyone please help me

Share this post


Link to post
Share on other sites

Your daughter is adjusting status based on a relationship to her step-dad. If you divorce before she gets a green card, then she will not qualify.

Once you get divorced, you will have to file immediately to remove conditions on your green card and you will need proof of a bona fide marriage.

Share this post


Link to post
Share on other sites

So how long are you married? How about try some counseling and other ways to save your marriage.

I always wonder how people suddenly discover other people's flaws as soon as they get a green card. Kind of sounds like that's more important to you than anything.

But hey! If your marriage was legit, you can do ROC on your own. That's always something. If you can prove it. :)

Your daughter can't get a green card through your husband after your divorce.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Share this post


Link to post
Share on other sites

~ Moved from "AOS from Family Based Visas" to "Effects of Major Family Changes on Immigration Beneits" where similar topics are often discussed ~


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Almost 7yrs as couple and 9mons as married theres so much ups and downs push and pull, world wars all the time, he never showed his flaws until recently that his ex wife been telling him that the kids wasnt really happy that iam here, that they miss their mom, and its not really new on us coz since where together its all againts odds. But we beat those odds , been here in US 3x as fiance the 1st and 2nd we always giving up for his kids happiness, but after a while love bringing us together and my 3x we got married we thought we could be a family, well everythings great at first then slowly theres marriage issues the change, the way we discipline, he always turns into big issue when i ask a power in the house, iam working and all my salart goes to his account, we have joint bank account but no atm under my name, but everytime he wanna spend its ok, but everytime i wanna buy something he always tells me iam such a wasteful person. No one i know would believe, but its like i have all those marital issues. I wanna fight for love but i dont wanna keep wasting and wasting my life miserable. That he always promise that his gonna change, yeah everytime i break up with him like a hundred times those 7yrs , he keeps asking me back and his sweet mouth makes me always believe. Its confusing i know, but its so hard to get up everymorning even were married its like no assurance , emotional support and even physical. Its all gone. Thats why its so easy to give up then to fight for it anymore

Share this post


Link to post
Share on other sites

I already asked about the counseling , but its like he has no energy to do it and dont wanna spend for it. I am helping him a lot in his business, i am the office manager who deals with all the paper works. I am also full of stress , we never even had the honeymoon stage coz a month after we got married, we already been dealing of a lot of issues, for 7yrs its been roller coaster that i keep hoping he would change. But iam turning 32 next yr and i dont wanna keep wasting my time if iam miserable and unhappy with my life

And it always takes a lifetime to get to know a person, once you get married , honeymoon is over.

Share this post


Link to post
Share on other sites

If you divorce him before your daughter has her GC, she'll have no way of getting one and will be stuck in illegal status. I'm sure that's not what you want for her. This is the main disadvantage of K-1/K-2.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

Your daughter is adjusting status based on a relationship to her step-dad. If you divorce before she gets a green card, then she will not qualify.

Once you get divorced, you will have to file immediately to remove conditions on your green card and you will need proof of a bona fide marriage.

Bolded is wrong. The green card holder can file immediately or wait until the card expires like normal, or any time in between. They do not need to file immediately for remove conditions.


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

Once you divorce and get YOUR Permanent Green card, you can bring her over to the USA under your pr status.

 

Correct me if I am wrong guys?


Click "spoiler" below for a detailed account of our journey to a CR1 visa via DCF in Athens, Greece.

 

2011 - Met hubby online and became friends
Early 2013 - Confessed our love for each other * Late 2013 - I got pregnant with our daughter
2014 - Our baby was born in Athens, Greece and completed our family. We now have two boys and a girl!! 2013 - 2015 - Looking for jobs in Greece, none were available (due to socioeconomic crisis) 2015 - Decided only way to feed our family was to immigrate and started the process December 2015 - Got married (Greece has a LOT of red tape for foreigners marrying Greeks)
January 2016 - Finished gathering all documents and getting them translated
* * DCF in Athens, Greece * *

28th January 2016 - Finally filed I-130s
29th June - ISSUED!!!!!!1st July - Visa packages and passports delivered to DHL.4th July - Visas in hand! CU in two weeks USA!!
19th July- POE Detroit. All went well!! (excluding our screaming, jet lagged toddler!!)

 

After Arrival in the US

September 2016 - Hubby is diagnosed with congestive heart failure
October - February 2016 - Battle with drug use, overdosing, bringing home a tiny paycheck

March - July 2017 - I am working 80 hr weeks to make ends meet. Discovered hubby's affair. Still overdoses and is hospitalized. Has quit working all together.
July - October 2017 - Marriage counseling. Revealed hubby has "several" mental conditions. Is started on several mental meds.

October 2017 - Got accepted for a college course. Got better job to help raise my kids.

October 2017 - March 2018 - Situation at home is toxic. He files for divorce.

July 2018 - Divorce is final. I have full custody of our daughter.

 

ROC (GC expires July 19th 2018)

July 16th - Package for ROC is delivered to the CA service center (divorce waiver).

August 30th - NOA1 received with 18 month extension (fee waiver approved).



**Our DCF journey to an IV took 5 months and 1 day from turning in the I-130 to getting "Issued"**


.event.png

event.png
 

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.
×