Questions about filing I-751 after divorce.

[gp916 1]

I appreciate any advice you can give

 

Came to the US on a K1 Visa and got  married.  My husband (the US citizen), turned out not to be the man I thought he was.  I tried numerous times over our first year of marriage to explain how I was feeling neglected and work it out.  In our many conversations he admitted his faults, made many promises to change, but never followed through with any of them.  This marriage was made in complete good faith & love and I have substantial proof of it. Although it hurts deeply to admit it, I have now fallen out of love with him.  Completely exhausted and at my wits end, I have now told him that my love is gone and I want a divorce.  Now, finally realizing how serious the situation is, he swears that he will be different and wants another chance to change (this would be the forth time he has promised that).  Unfortunately, I know myself and know that I cannot “fall back in love”.  I feel horrible for what the situation has become but, I tried many time to fix it and pored myself into this relationship.  

 

I know from my research that I do not need to leave the country immediately if I file for divorce. 

 I understand that 90 days prior to the two year anniversary of my green card, I will need to submit the I-751 (Petition to Remove Conditions on Residence).  

I understand that this is typically done jointly with my husband, who originally sponsored my K1 visa.  

 I do not believe he will be willing to file for a divorce stating irreconcilable differences and I will have to file alone and have him served with the divorce papers.  

I understand that if I file for divorce and it is completed, I can solely submit my I-751 request with an exemption due to the divorce.

 

I am scared that my petition to remove the conditions on my residency will be denied mainly because I only make minimum wage and USCIS may not see me as being able to adequately support myself.  Does anyone have any experience with a similar situation and can provide any insight to how USCIS may view my employment in consideration of my I-751 request? I anticipate having continued employment (although still around minimum wage) and my own apartment by the time I have to submit the I-751 in early 2019.  

 

To complicate matters, over the last month, I met another US born citizen.  We have become close and would like to start dating once the divorce has been finalized. We both really see potential in having a successful relationship and are not trying to circumvent the law.  If we did in fact fall in love and got married prior to the 2019 deadline for me to file the I-571 do I have to return to my birth country and have my new husband refile for a new K1 visa?  What if I were to be pregnant?  We are both almost 40 years old and if the love and commitment were real, we have talked about wanting children as soon as reasonably possible. I plan on seeking advice of an immigration attorney here in California but, want to understand as much about my options as possible prior to doing so.  Any advice or experience would be greatly appreciated. 

 

Edited January 24, 2018 by gp916

[OSO 29]

You may request a waiver of the joint petitioning requirements if:
You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce.

 

Remember that generally, you simply must prove that you married in good faith.  This is the same thing you had to prove when you got your conditional green card, but you will just be scrutinized a little more thoroughly now that you are divorced.  Make sure to submit financial documents like joint tax returns, joint bank statements, joint Sam’s club memberships, etc. etc. 

 

Affidavits from a few people who are close to you are helpful, but they will likely not be sufficient.  Also, it doesn’t matter if you haven’t had a joint bank statement in 6 months, or if you let your Sam’s Club membership expire.  Remember, you’re admitting that it didn’t work out, so don’t worry.  You just have to prove that you entered the marriage in good faith.  And of course, the more documents you have and for a longer period of time, the better.  But don’t trash your bank statements just because they’re old..

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or:

You can marry again then you need to leave the country and your new husband will need to submit CR-1 petition (I don't recommend this path cause it will raise questions  and you may be put in the watch list of the people who just want to benefit from immigration).

 

 

 

[gp916 1]

Thank you for the prompt response Oso