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Divorce before 2 years

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Filed: K-1 Visa Country:
Timeline

Hi everyone!

 

I need your advice on my situation.

I met my husband in America in 2014 when I was doing work and travel program. I came again on work and travel program in 2015 and we were hanging out. I didn’t think that we can be together as we live far so tried not to take it serious.

In 2017 January he came to Russia to see me. And he proposed. I said yes and I introduced him to my family. 

He came back to America in February 2017 and sent a k1 petition. It got approved in June. And I got my interview in September.

I came to US in December 2017 and we flew to meet his family in different state. We spent there 2 weeks and in January we got married.

Our financial situation is not very good. He is kinda young and doesn’t get paid much. We live with a roommate and I’m not on a lease as the price for rent can go higher. But he pays for everything. 

In June we got our green card interview. And the lady said in 2 years we have to have more proof because right now is not that much. Mostly just photos plane tickets and a letter from our roommate confirming our relationship. But we got approved

After he added me to his credit card account and also his family came to our state right after interview and we took pictures.

I do love my husband a lot and I thought that we can live our happy life together but couple days ago he told me he cheated on me. I couldn't believe it. And I can’t forgive him for that. Moreover looks like he is not sorry and he just started to come home late instead of doing smth good.

I want to divorce but I don’t plan to leave back to my country and I plan to stay here.

Can anyone take my conditional green card if we divorce ? And how can it influence my permanent green card in 2 years in case of divorce?

What should I prepare so be safe? 

 

Thank you

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Filed: Citizen (apr) Country: Taiwan
Timeline
20 minutes ago, goodgood said:

Can anyone take my conditional green card if we divorce ? And how can it influence my permanent green card in 2 years in case of divorce?

You can remove conditions with wavier.  Be prepared to prove you entered the marriage in good faith.  There are countless references on the process on the interwebs......Google "remove conditions divorce waiver"

 

One example: http://www.statusimmigration.com/RemoveConnditionalStatusDivorce.html

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country:
Timeline
3 hours ago, missileman said:

You can remove conditions with wavier.  Be prepared to prove you entered the marriage in good faith.  There are countless references on the process on the interwebs......Google "remove conditions divorce waiver"

 

One example: http://www.statusimmigration.com/RemoveConnditionalStatusDivorce.html

Thank you. I’ve heard about it just scared that I got my green card only 2 months ago. And now I plan to divorce. This is life I guess ..... 

 

but also they can’t tAke my card before expiration right? 

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Filed: Other Timeline
4 hours ago, goodgood said:

Hi everyone!

 

I need your advice on my situation.

I met my husband in America in 2014 when I was doing work and travel program. I came again on work and travel program in 2015 and we were hanging out. I didn’t think that we can be together as we live far so tried not to take it serious.

In 2017 January he came to Russia to see me. And he proposed. I said yes and I introduced him to my family. 

He came back to America in February 2017 and sent a k1 petition. It got approved in June. And I got my interview in September.

I came to US in December 2017 and we flew to meet his family in different state. We spent there 2 weeks and in January we got married.

Our financial situation is not very good. He is kinda young and doesn’t get paid much. We live with a roommate and I’m not on a lease as the price for rent can go higher. But he pays for everything. 

In June we got our green card interview. And the lady said in 2 years we have to have more proof because right now is not that much. Mostly just photos plane tickets and a letter from our roommate confirming our relationship. But we got approved

After he added me to his credit card account and also his family came to our state right after interview and we took pictures.

I do love my husband a lot and I thought that we can live our happy life together but couple days ago he told me he cheated on me. I couldn't believe it. And I can’t forgive him for that. Moreover looks like he is not sorry and he just started to come home late instead of doing smth good.

I want to divorce but I don’t plan to leave back to my country and I plan to stay here.

Can anyone take my conditional green card if we divorce ? And how can it influence my permanent green card in 2 years in case of divorce?

What should I prepare so be safe? 

 

Thank you

It sure looks like this was for a green card only since you have been married for a short time and want to divorce.  Be prepared for a hard look at your evidence of a legitimate relationship,

 

Also,  what have YOU done to contribute to the finances of your marriage?

Edited by CEE53147
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Filed: K-1 Visa Country:
Timeline
4 minutes ago, CEE53147 said:

It sure looks like this was for a green card only since you have been married for a short time and want to divorce.  Be prepared for a hard look at your evidence of a legitimate relationship,

 

Also,  what have YOU done to contribute to the finances of your marriage?

I wouldn’t want to divorce if me husband didn’t do what he did. And my life would be way easier being married because he supports my financially and emotionally when I am far from my family. And I DO love him. But there are some principles in my life which I can’t break even if it can cause me so many troubles. 

I don’t have a job now but I am looking.

 

What do you mean by your question? Didn’t understand it.

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If you love him why can't you forgive him? 

 

I am am trying to picture myself in that situation and if it was a one-off event then I could definitely forgive. Sure the whole thing would make me upset and miserable but I'd be even more upset and miserable without him. 

 

It does seem you're giving up very easily. Marriage is hard work and whilst I'm not saying he should be allowed to behave like this but there will be many bumps in the road ahead. 

 

Why are so so keen to stay? You've only been here a few months and all your family is in your home country. What do you have that's keeping you here? You don't even have a job. You've not really settled yet. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Cameroon
Timeline
1 hour ago, goodgood said:

As I told before, I have my own life principles. If cheat one time - then cheat second time and so on. It was my husbands birthday and i came to his work with a cake and candles and everybody was singing happy birthday song. And at home I blew up lots of balloons and put in each one different good adjectives about him and directions like "look behind tv" for his presents i got to him. And he popped all balloons and he liked my presents and then instead of saying thank you he said he cheated on me not even one time with the same girl. I said what he expects now he said he doesn't know. I went to bed all sad and he even didn't apology. Next day he came at 4 am all drunk and even didn't say me anything.  We are still not talking like its me who did smth bad. Why should I forgive that? Will it be respectful to myself?

 

But that's not the subject for discussion.

 

And there are several reason why I don't want to go back now. First of all, I had a really good job back in my country which I definitely won't get back. I got new friends here and i do like this city i live in. And also if I go back I never come back here again. No one approves me visa to here if i decide to visit america. And now I wanna try here. Nothing holding me back now besides my parents. And it doesn't connect anyhow to "marriage for the green card" if you guys see us and my attitude to my husband through all our relationship.

 

 

I hear ya and besides you have every reason to chose to be in your marriage or not or stay here. Like you said people have principles and lines not to be crossed. I’m an immigrant and I do love my wife, however; if she cheats it’s automatic divorce and not even the pope can change that. It’s not even about the act it’s more about respect which as a man I value immensely.

 

Now with that being said and back to immigration you remain a lawful permanent resident for all intents and purposes until an immigration judge revokes your status. You can and should file using the divorce waiver option.

 

Extreme battery waivers are hard to overcome and will need evidence of you being subject to severe abuse such as police records or psychiatric notes. Since you’re still fairly new and don’t have much documentation I’m afraid it will be an uphill battle to demonstrate bona fide marriage intent.

 

Remember USCIS is not marriage police and don’t care that you’re divorced, what they do care is IF you originally entered the marriage in good faith to share a life and not just to procure a green card and can show evidence as such. If they’re satisfied you’ll be approved, and if denied you can still fight it infront of an immigration judge.

Edited by Starkilla09

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

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Filed: K-1 Visa Country: Malaysia
Timeline

It will be hard. However, as long as you can prove you enter the relationship in a good faith, you should be fine. This is just my suggestion. Discuss about his cheating in a message. So that there is black and white why you want a divorce. 

DISCLAIMER: I'm not working with USCIS/NVC and never work with them. All my comment based on my own experience and what I read. 

 

"When you have a fight with your partner, remember that it is not you against your partner but it is both of you against the problem" :) 

 

 
I-129F Sent : 2017-05-12

I-129F NOA1 :

I-129F NOA2:

2017-06-17

2017-11-29 (Date on hard copy) / 2017-11-30 (Date USCIS Website/Online Tracker App)

NVC Received Date:                 2018-01-16

NVC Case No. assigned:         2018-01-16

NVC Left:                                    2018-01-20

Consulate Received:                2018-01-22

Packet 3 Received:                   2018-01-27

Packet 3 Sent:                           2018-01-27

Interview Date:                          2018-03-08

Visa Received:                          2018-03-13

US Entry:                                    2018-03-19

SSN Application:                      2018-04-03

SSN Received:                          2018-05-02

Marriage:                                   2018-05-05

Marriage Certificate

Received:                                   2018-05-15

Change name in SSN:             2018-06-04

AOS, AP & EAD submitted:    2018-07-06

NOA 1 (email):                          2018-07-10

NOA 1 (mail):                            2018-07-16

Biometric app:                          2018-08-09

EAD & AP Received:                2018-xx-xx

AOS Interview:                          2018-09-24 
Approval/Denied:                      Approved 

Green Card Received:             2018-09-29

 

 

 

 

 

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Do you have a job yet?  How do you plan to support yourself and find a new place to live?  It will be tough being on your own. Good luck. 

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Filed: Other Timeline
2 hours ago, goodgood said:

As I told before, I have my own life principles. If cheat one time - then cheat second time and so on. It was my husbands birthday and i came to his work with a cake and candles and everybody was singing happy birthday song. And at home I blew up lots of balloons and put in each one different good adjectives about him and directions like "look behind tv" for his presents i got to him. And he popped all balloons and he liked my presents and then instead of saying thank you he said he cheated on me not even one time with the same girl. I said what he expects now he said he doesn't know. I went to bed all sad and he even didn't apology. Next day he came at 4 am all drunk and even didn't say me anything.  We are still not talking like its me who did smth bad. Why should I forgive that? Will it be respectful to myself?

 

But that's not the subject for discussion.

 

And there are several reason why I don't want to go back now. First of all, I had a really good job back in my country which I definitely won't get back. I got new friends here and i do like this city i live in. And also if I go back I never come back here again. No one approves me visa to here if i decide to visit america. And now I wanna try here. Nothing holding me back now besides my parents. And it doesn't connect anyhow to "marriage for the green card" if you guys see us and my attitude to my husband through all our relationship.

 

 

You have friends to keep you here yet no job or commitment to work on your relationship.  If you had a good job - and obviously adequate skills in English, there is no excuse for you not to have found at least a temp job especially. You appear to be satisfied with him providing for you financially while it must be a concern for him since you stated your financial situation was not good.

 

I understood that you are older than he is.  You mention your parents. Are they supporting your decision because they plan to come to the US on your sponsorship?

 

He also needs to file for a divorce - sooner rather than later. The more you say, the less believable you are. 

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Filed: K-1 Visa Country:
Timeline
7 minutes ago, CEE53147 said:

You have friends to keep you here yet no job or commitment to work on your relationship.  If you had a good job - and obviously adequate skills in English, there is no excuse for you not to have found at least a temp job especially. You appear to be satisfied with him providing for you financially while it must be a concern for him since you stated your financial situation was not good.

 

I understood that you are older than he is.  You mention your parents. Are they supporting your decision because they plan to come to the US on your sponsorship.

He also needs to file for a divorce - sooner rather than later. The more you say, the less believable you are. 

 Hey! Thank you for your message but I didn't ask you about how to live my life including hot to live my FAMILY life and who should work or not work. I asked two concrete questions and if you are not planning to answer any of them, please be so kind to leave this topic.

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