Divorce after AOS approval

[unknownuser 13]

So my wife decided to divorce me since we started living separately for employment reasons. She is a student (21y) living in Leesburg, she wants to go to school at Beacon College.

I looked into finding a software development job in Orlando without much luck. Salaries were insanely low (45K) and toll roads are incredibly expensive being about 10$ per day. That doesn't include gas, maintenance and the ghetto neighborhoods in between... And if I found something nice it was too expensive to live. And she is too lazy to get a second part time job or try to find a full part time job.

 

I ended up finding a job in Tampa (85-95 miles from Leesburg), but having spent the last money on a second car I had to purchase since she crashed her own from before the marriage, I was pretty much broke. I ended up commuting the distance for 3 weeks until mentally crashing coming home to a wife who doesn't do anything in the household. I ended up doing laundry and cleaning the house in the weekends and her complaining I never made time for her. During the week I would come and maybe be awake for 1 hour at home before going to bed. I would get up at 4:45 AM to drive to Tampa and come home around 7-8 PM, going to bed at 9 PM.

 

So then I decided to go with AirBnb for about 3 weeks while I was waiting to find an apartment. But this was overly expensive as I had to eat out on a daily basis, costing me roughly 15-35$ per day on just food). Then at work my co-workers told me about student apartments costing anywhere from 400$ to 700$ including utilities. So I figured this might help saving faster so we can maybe save for the furniture and everything and/or maybe buy a house later this year.

 

Now she made an ultimatum that I have to find an apartment which has to be big enough too so her niece can live in it and her 300 lb friend who breaks any furniture she sits on (or cars she sits in, not kidding when I tell you she broke the suspension of our Honda Civic) And if I don't agree to this, then basically she wants the divorce. After we were married I recall her telling a co-worker of hers that she was trying to decide between me and another guy, and the reason she would stay with me was for financial security of which I have a picture of her conversation, but probably rendered useless in court since it was obtained illegally. Now don't think that person is going to testify either although they are supposed to tell the truth.

 

I told her parents I wanted to wait till finances were stable so I know what exactly is going in and out, but they don't give a damn thing. Her dad is 60-65, and he said: "I am close to retirement and my finances are still not stable." Isn't this possibly the worst advice a parent can give to their children? Right now I have been struggling since February to pay all the bills on time, I am finally starting to see the end of the tunnel somewhere in June. But I don't understand they they just won't understand the consequences for me being here conditionally and everything being way more expensive than it is in Western Europe. My salary here may be 2-3 times higher than it was in my home country, but also my expenses are way much more. I am just afraid I won't be able to get rid of all the debt.

Also she texted me I can't come home to see her (Leesburg is still legally my home address, so I don't think they can force me to stay out of the house. I don't have a key. Can this be considered domestic abuse?)

 

Anyways, my green card was approved last week, so I was actually wondering what my chances are filing for a permanent green card through a waiver? I don't want necessarily to stay in the U.S., but since I have a car loan of 13000$ going on and the car's remaining value is 8500$ right now with all the miles I put on it, I can either choose to keep the car and have serious debt. But I would probably have to default on the loan with my credit score being so bad. Now I don't know if it means anything that her dad signed the I-864 being responsible for me financially? Could this possibly help me? What happens if I have to default on a loan during a divorce?

Either way, 2 years should still be enough for me to pay off the car if I keep living in the student housing and then go back to my country. Right now I am even thinking of going in the police department as a reserve or work somewhere for 10-20$ per hour to maybe get my annual salary up to 70K from 60K to help pay stuff off or get an apartment faster. But then the divorce threats are still there.

Edited April 24, 2017 by unknownuser

[A'n'L 735]

Should you choose to divorce, you'll be eligible to remove conditions on your residency through the divorce waiver. You'll be required to prove that your marriage was entered in good faith, and not for immigration purposes. It's not relevant who was to blame for the marriage failing.

[zilchfox 296]

I'm sorry to hear about what you're going through, but I'll give you a quick rundown on what you can do immigration-wise.

 

Technically since they signed the I-864, yes they are responsible for you financially until you do one of three things:
- Move back to your home country and abandon your Green Card

- Become a U.S. citizen in 5 years time

- Die

 

You'll need a lawyer to help you with the above most likely, but note this is mainly if you become a public charge (e.g. foodstamps).

 

Divorce your wife, and move on with your life if you're being treated badly. Chances are you're currently on the 2-year Conditional Green Card, but that's fine since you were approved based on your lawful, bona fide marriage. In about a year and a half or so, when you go to apply to Remove Conditions on your green card, you'll need to demonstrate your divorce waiver to them, as well as other evidence that you didn't move here based on a fake marriage.

 

Do note that if you move back home, you abandon your LPR (Green Card) status.

 

I hope the best for you, OP.

Edited April 24, 2017 by zilchfox

[A'n'L 735]

21 minutes ago, zilchfox said:

Technically since they signed the I-864, yes they are responsible for you financially until you do one of three things:
- Move back to your home country and abandon your Green Card

- Become a U.S. citizen in 5 years time

- Die

 

You'll need a lawyer to help you with the above most likely, but note this is mainly if you become a public charge (e.g. foodstamps).

The i864 is a contract between the US and the USC, not between the USC and the immigrant. She will be responsible to pay back any benefits the immigrant has received (without being eligible), but the immigrant is otherwise responsible for sustaining himself.

 

The i864 responsibility also terminates once the immigrant has worked 40 quarters (~10 years) in the US.

[Ortolan 381]

So sorry this is happening to you; try to make copies of everything that you can that proves you went into the marriage in good faith, and tried to sustain it. You can get a waiver based on your divorce, so since the marriage doesn't seem viable (sounds pretty much over), probably best to go on and file for divorce. You'll need your certificate of divorce to get the Removal of Conditions approved for your 10-year card. Good luck!

[zilchfox 296]

OP, one more thing I forgot to mention is that once you go through and have your final divorce decree, you can file for ROC at anytime within the 2 years and you're not subject to waiting until the last 90 days of your conditional green card's expiration date, although you still can do that if you really want to, but there's not much of a benefit of waiting until then otherwise aside from waiting until you have enough saved up to pay the filing fee.

Edited April 24, 2017 by zilchfox