Divorce after 6 month permanent resident (2 year conditional green card)

[diana.84 0]

Hi, I am looking for advice on how should I do in my current situation...  My husband is a US citizen. I marry my husband in Thailand in 2009 and we have ceremony and full wedding (pictures, family and everything) but did not do the paperwork to make marriage legal. We have son together born in 2011. Then in 2006 we do the paperwork and legal marry in Thailand. Then in July 2017 we apply green card for me and come to USA in Sept 2017.

 

My problem is I am not happy with marry now. We live with his family and I find out he lie about a lot of thing and his family too. He not tell me we not do the paperwork make legal when we marry in 2009 because he still marry in USA, but not finish divorce so that why we wait. He also do the bankruptcy and his family do it too. He also have anger problem, and police arrest him and charge him for fight with family at their house and breaks stuff. So I'm scared for me and my son and don't know what else they hide from me.  I don't trust him and his family anymore, but don't want to lose green card if divorce.

 

I read online I can do the I-751 for the 10 year green card if divorce, do the waiver and say divorce. I cannot find out if I need divorce first then do the I-751 or do the I-751 before file divorce. What to do and when to do?

Can someone please help? thank you so much!

[kris&me 572]

first of all do not listen to this man as when  a USC is married (all on computers and documented)  we have to provide divorce papers to immigration to prove the mrriage is dissolved

you will not loose green card because you divorce a violent man

call 911 and say you need housing for abused women

National hotline for abused women is open  every day / all hours day and night

 

CALL 24/7/365

1-800-799-7233

[Crazy Cat 41,981]

1. Keep your child and yourself safe!!

2.  Find an attorney, and tell him/her the ENTIRE story because there could be some legal implications concerning the legality of your marriage and immigration benefits.

[diana.84 0]

My son and I are safe. He not hurt me when he arrested, but yell and fight with family member (not physical). He did break stuff like I said before. We argue a lot and I tell him I’m not afraid divorce or leave him. He grab my leg thigh hard and I say it hurt. He don’t want me leave. It bruise it and green now not really big but where he thumb press and grab.

 

im still think what to do and afraid lose green card. Before I can do anything I need to know what I can do and what order do it. I not know if I have to separate first and move out or what. Then if I file divorce paper then I-751 in two year or do now... I don’t know. I will stay safe don’t worry. Just don’t want mess up thing and my life with my son.

 

thank you for all your help!

[geowrian 22,337]

Also reach out to a local women's shelter.

 

You can divorce and file for ROC by yourself. Once the divorce is finalized, you can file for ROC, or you can do so within the 90 day period before the card expires even if the divorce is not finalized (they will just need the divorce finalized before they will approve ROC).

If your original marriage was not actually legal, that could turn into a significant issue. You should seek an experience immigration attorney for that aspect.

 

Don't base your decision on whether to stay together or not due to your green card.  Staying together won't make ROC easier, or alter facts of the case.

Edited March 19, 2018 by geowrian

[diana.84 0]

Yes the marriage is genuine. Although the one in 2009 was not legal bounding, because he not do the paperwork, when we do in 2016, it is legal. From 2009 we live together and have life together in Thailand all that time. We have the pictures and bank stuff together. Same is for now.

 

He angry before too but I try make work for our son and think maybe life better for us in USA. It is not is how I feel now I’m here but I have good job but at home it’s not good with him and his family. That is why I figure out what I cans do.

 

Geowrian: if I do divorce now, do I need contact USCIS and what to tell them, and will they take my GC away or change my status? So I make sure, divorce first (and finalize) then file ROC (I-751) from 90 days of expire?

 

thanks again 

[mindthegap 2,590]

You can file an I-751 with divorce waiver at any time- it does not have to be in the 90 day period before expiry of your 2yr card.

 

Suggest you gather any and all evidence you can find as proof of a genuine marriage, and then file for divorce.

Then, as soon as the divorce is finalised file an I-751 with a divorce waiver, which will be adjudicated on the evidence provided, and will not involve your husband in any way.

 

You do not lose your permanent residence just because you are separated/divorcing. 

 

In the meantime, look after and protect yourself and your son.

[diana.84 0]

9 minutes ago, mindthegap said:

You can file an I-751 with divorce waiver at any time- it does not have to be in the 90 day period before expiry of your 2yr card.

 

Suggest you gather any and all evidence you can find as proof of a genuine marriage, and then file for divorce.

Then, as soon as the divorce is finalised file an I-751 with a divorce waiver, which will be adjudicated on the evidence provided, and will not involve your husband in any way.

 

You do not lose your permanent residence just because you are separated/divorcing. 

 

In the meantime, look after and protect yourself and your son.

Should I move out then file divorce? finish divorce then do the I-751? is that correct order?

 

Do I have to tell USCIS anything while divorce is happening? What if I move to somewhere else without him (should I update USCIS)?

 

I have no friend or family here and have job, but not a lot of money for the lawyer I think. that why I ask online first. I know I need help so everything thank you. but do the divorce I think I need the lawyer and the I-751 too.

[Waittrain 17]

32 minutes ago, diana.84 said:

Should I move out then file divorce? finish divorce then do the I-751? is that correct order?

 

Do I have to tell USCIS anything while divorce is happening? What if I move to somewhere else without him (should I update USCIS)?

 

I have no friend or family here and have job, but not a lot of money for the lawyer I think. that why I ask online first. I know I need help so everything thank you. but do the divorce I think I need the lawyer and the I-751 too.

 

Should I move out then file divorce? finish divorce then do the I-751? is that correct order?

 

Yes, it is the correct order as you have enough time till your Conditional GC expires.

 

You dont need to update USCIS. But as soon as you change the address fill AR-11 online to update the address.

 

For divorce, if its no fault and no much finances involved, you can just apply yourself by going to family court. There will be self help centers.

For Green card, if you have all the proofs, it is very simple. You can apply your own. This form has lot of information.

You should have many evidences as marriage lasted quiet a few years. 

[Boiler 45,662]

Not sure of the dates, makes it sound like he was married when he married you?

[bad4tatt 168]

19 hours ago, kris&me said:

first of all do not listen to this man as when  a USC is married (all on computers and documented)  we have to provide divorce papers to immigration to prove the mrriage is dissolved

you will not loose green card because you divorce a violent man

call 911 and say you need housing for abused women

National hotline for abused women is open  every day / all hours day and night

 

CALL 24/7/365

1-800-799-7233

First of all, she does not say he abused her (he was in a fight with HIS family).

Second, DO NOT CALL 911 unless you are in an emergency situation. They are not a hotline for phone numbers.

[Paul & Mallory 1,398]

4 minutes ago, bad4tatt said:

First of all, she does not say he abused her (he was in a fight with HIS family).

Second, DO NOT CALL 911 unless you are in an emergency situation. They are not a hotline for phone numbers.

To be fair - she says in another post that he grabbed her and left bruises. That's abuse where I come from.

 

Also, if a woman is unaware or unsure of who to call in a potential domestic situation (as someone new to the country may easily be), 911 IS your best bet. You can tell them your situation and ask for help. And they will send help as needed/applicable to that situation. Even if it's sending an officer to escort you from the residence to a shelter somewhere.

[diana.84 0]

36 minutes ago, Boiler said:

Not sure of the dates, makes it sound like he was married when he married you?

Sorry, it must be a typo above as well. My mistake. The 2006 should be a 2016.

 

But yes, you are correct. He was married up to 2016, but did not tell me and I did not know. 

 

Here is the correct sequence of events.

 

• We met in 2008 in Thailand.

• Decided to get married in and had a wedding in 2009 (Thailand), but did not do the legal paperwork (did not think too much at the time because we had no desire to go to USA even though he is USC).

• Had our son in 2011.

• 2015, I decide I want to go to USA for better life... I find out my husband still married

• Summer 2016, he finalizes divorce with now ex-wife.

• Nov 2016, we married officially in Thailand and do the paperwork to make legal.

• July 2017, we ready and file with USCIS.

• Sept 2017, I get green card and come to USA .

 

We have been living together ever since we marry in 2009, to be clear so people don’t have to wonder if Bona Fide or not. Photos, financial stuff and of course our son, who is a USC because of my husband.

Edited March 20, 2018 by diana.84

[diana.84 0]

16 hours ago, Waittrain said:

 

Should I move out then file divorce? finish divorce then do the I-751? is that correct order?

 

Yes, it is the correct order as you have enough time till your Conditional GC expires.

 

You dont need to update USCIS. But as soon as you change the address fill AR-11 online to update the address.

 

For divorce, if its no fault and no much finances involved, you can just apply yourself by going to family court. There will be self help centers.

For Green card, if you have all the proofs, it is very simple. You can apply your own. This form has lot of information.

You should have many evidences as marriage lasted quiet a few years. 

When you say apply for my own green card, do you mean the 10-year / ROC / I-751? Or something else? Thank you 

[usmsbow 802]

1 hour ago, diana.84 said:

When you say apply for my own green card, do you mean the 10-year / ROC / I-751? Or something else? Thank you 

 

Yes, that is what s/he means.