Divorce before 2 years

[TM92 527]

4 hours ago, goodgood said:

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

As other users have mentioned, only an immigration judge can revoke your permanent resident status. Here are the criteria to remove conditions; https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage:

Quote

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if you:

• Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
• Are a child and, for a valid reason, cannot be included in your parents’ application;
• Are a widow or widower who entered into your marriage in good faith;
• Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
• Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

Note: Refer to Form I-751 for more specific eligibility requirements

Edited August 5, 2018 by TM92

[iwir 337]

Suggesting to put up with infidelity is beyond me. If OP had good intent when they got married and she can prove that, at least she can try to get the waiver. For some people going back home before being successful is humiliating. OP shouldn't be judged for her choice. Uphill battle or not, I wish OP good luck!

[Chaka Quaker 41]

I believe that you would need more than words to convince USCIS you didn’t come here for a greencard only. Getting divorced to early is a red flag, specially for something you can’t even prove apparently. Think strategically. Find a job first, a place to live, a way to be financially dependent, which will take some time, and when you’re ready you can file for divorce. I get the impression your husband is not using your immigration status to manipulate you or control you. So put up with it until you’re settled to leave. 

[EM_Vandaveer 2,370]

I don't think that how the marriage ended has really anything to do with chances of OP's I-751 (divorce waiver) approval odds. (Except for some really obvious scenarios, for example: immigrant spouse takes off right after getting the 2-year GC.)

It has to do with proving bona fide marriage: co-habitation & financial co-mingling while the marriage lasted. 

That said, a short marriage may raise a red flag. It's far from impossible to overcome that, though. Less than 5% of ROC applications are denied (and presumably some of those denials either re-files or goes to Immigration Court where at least some will get the denial reversed.)

So OP's chances are pretty decent.

 

[Unidentified 2,930]

9 hours ago, shark101au said:

Good luck. It's going to be an uphill battle,especially if you've made no attempt to work it out.

she's not obligated to "attempt to work it out" with a cheater. 

[Nitas_man 3,100]

18 hours 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?

 

 

 

Thank you

No they won't take it.  The best you can do is gather as much evidence as you can, even going back to and building a timeline (with attached evidence) from the beginning of your relationship leading up to the marriage.  The proof required is that you entered the marriage in good faith, which is not the same as married / removing conditions which is valid marriage. 

 

These things happen unfortunately.  When someone says this "looks bad" that means it looks bad to an officer reviewing the file, K1, short marriage, divorce, waiver however infidelity if he admitted it and you can document that he admitted it helps to explain why you are doing what you are doing.  Best of luck.

[Nitas_man 3,100]

1 hour ago, Unidentified said:

she's not obligated to "attempt to work it out" with a cheater. 

No, she isn't.  My wife would probably pack up and do the same thing.

Edited August 5, 2018 by Nitas_man

[Penguin_ie 5,986]

***** General reminder to be civil; if you cannot give constructive advice, do not post. *******

[Jaquelly 1,647]

Try to find a job as soon as possible and look into finding a new place to live. There may be shared housing in your area for single professional women that want a save place to live and can contribute.

 

Also, if my husband cheated on me, there is no forgiveness. Marriage is a commitment, not a convenience. I am so sorry this happened to you and wish you luck with your journey.

[EM_Vandaveer 2,370]

4 minutes ago, IndigoPhantom said:

Their is also the chance that the immigration office will be cautious about her becoming a public charge. And word is that the recent administration  may be contemplating changing the standard for when receipt of public benefits can be used as grounds for the deportation of legally present non-citizens.

She's already a LPR. Possibility of becoming a public charge has absolutely no bearing on a ROC application. That's addressed during Adjustment of Status or immigrant visa application.

[aznhouston 124]

Things happen. 

Imo ain’t no love without respect, so you should get a divorce. But before that, go to a counseling service first. In case you can’t work it out, there is an evidence that you have tried, at least. 

In the meantime, get a job to support yourself. Nothing is cheap in the US. You should have started applying for a job as soon as you got here, not waited until now.  But it’s not too late. Get a job, any jobs, waiting tables, cashier, driving Uber... whatever bringing you an income so you can stand on your feet. 

The fact he’s ok until this point, I think he doesn’t mind helping you getting the condition removed. Talk to him about that. 

[dawning 212]

I am kind of surprised at the responses OP is getting here.  When a USC posts that his/her immigrant spouse is cheating after a few months of marriage usually they get responses like "good thing you found out about it now, before xyz".  But here the immigrant has been betrayed and several people are telling her she should go home or criticizing her for not having a job, even though it doesn't sound like she has been authorized to work for very long.

 

There were a lot of supportive answers as well.  But the critical ones make me feel like there is a double standard operating.   Why would that be?

[Paul & Marina 53]

Welcome to internet boards, people ask questions and sometimes never can get an answer. These I believe are your two questions?

 

1.) Can anyone take my conditional green card if we divorce ? 

 

2.) And how can it influence my permanent green card in 2 years in case of divorce? 

 

There are many immigration attorneys who will do a no fee in person or telephonic visit with you (most of the time it is to gain paying clients. However you are under no obligation to became a client). There are also many legal service centers for people with low income and also help centers for immigrants.

 

 

[Going through 5,668]

Some of the comments in this thread are quite bizarre...

 

OP, you have gotten some good advice here.  

 It is irrelevant as to  "why" you are wanting to divorce----what's important in your situation is to know "how" to move forward immigration-wise and "what" legal avenues are available to you now.

 

my thoughts to you, is not to feel like you have to justify your reasons behind divorcing to anyone here.

[Crazy Cat 39,351]

1 minute ago, Going through said:

Some of the comments in this thread are quite bizarre...

 

OP, you have gotten some good advice here.  

 It is irrelevant as to  "why" you are wanting to divorce----what's important in your situation is to know "how" to move forward immigration-wise and "what" legal avenues are available to you now.

 

my thoughts to you, is not to feel like you have to justify your reasons behind divorcing to anyone here.

I agree 1000%.