potential divorce!

[Dantrolene 15]

My question is about what if divorce happened before removing conditions on my GC? I am supposed to file for removing conditions by the end of 2017. So if my US spouse filed for divorce herself before time to remove conditions, what would happen to me ? Chances to be able to stay here and update my GC permanently ? Given that we just had a new baby. But financial shortage and arguments all the time made me feel like she wants divorce.  

 

Thanks!

[geowrian 22,335]

It means that, assuming you want to stay in the US, you need to file for ROC yourself. You will need to prove that the marriage was entered into in good faith.

[Dantrolene 15]

We entered marriage in good faith, Co mingling insurance and phone bill for example and we have a new baby. What do you think about my chances of being granted permanent resident for 10 years ? And after how long can I apply for citizenship in case of divorce ? Will I wait another full 5 years or the counting is just the rest of 5 years from the time I got my conditional GC ?  Thanks 

[geowrian 22,335]

1 minute ago, Dantrolene said:

We entered marriage in good faith, Co mingling insurance and phone bill for example and we have a new baby. What do you think about my chances of being granted permanent resident for 10 years ? And after how long can I apply for citizenship in case of divorce ? Will I wait another full 5 years or the counting is just the rest of 5 years from the time I got my conditional GC ?  Thanks 

If that's the case, then you should be fine. They may look at an ROC due to divorce with a little more scrutiny than normal, but it's been done many times by people on this site without issues. Just gather and submit your documentation. Co-mingling of finances are good, affidavits from people who know you as a married couple.are good, etc. I won't speak to chances as you know your circumstances much better than I do, but I don't see any flags with what you've stated.

 

I'll defer to others for the naturalization question (I'm still trying to learn more on this process myself). My instinct is that your existing time as an LPR still counts towards the 5 years, but don't hold me to that.

[Dantrolene 15]

Thanks very much for your replies. 

So 3 or 5 years counting starts from the time of removal conditions, not from the time of being conditional resident..am I right ?  And what about the baby ? If I let the baby  to be with her mother..how much percentage should I pay for child support for my baby ? And is divorce papers really expensive to get a divorce a final decree given that we don't have like house or car together  ? I am still student and work very part time.  

[Cheezees 1,514]

No. The 3/5 years (minus 90 days) depends on the "resident since" date on your green card as CookieCat stated.

[David & Diana R 1,005]

Sounds more to me like YOU are the one seeking a divorce???

[Dantrolene 15]

Would it make a difference if me or her initiates and demand divorce ? 

[javadown2 308]

Hmm, seems a little suspicious to me, you first said you felt like she was having doubts? Either way you will probable be able to get your 10 year GC, to bad for the child...already so many broken families it's terrible!

 

Child support is usually state specific and a % of your income, but honestly I'm no expert since I've never had a child or divorce/marriage

Edited January 11, 2017 by javadown2

[Stevephoto 224]

From what I understand, you would file for ROC with a divorce waiver....so you need the official divorce certificate. As noted above, you simply have to prove that you entered the marriage in good faith. Life happens and people break up. Plenty of people have filed ROC after divorce. I don't mean to get too personal, but it sounds like you and your wife have hit a few bumps in the road. Perhaps some time, patience and maybe some counseling (financial and marital) can save your marriage. I wish all three of you the best.