On a conditional green card - Wife refuses to divorce to get me deported

[morowind9182 0]

I'm done with my wife. She totally changed after we got married. She's is nasty and we don't really get along. I told her that I wanted a divorce and she told me that she will make my life miserable and fight the divorce. She will make sure the divorce is not final before I apply for removal of condition. So I'll have no divorce decree when I file the i751 and the waiver. My conditional green card expires in April 2020. What can I do? I'm lost and in pain. 

[Georgia16 2,858]

There is a long time til you have to do ROC so if you get divorced before that then fine if not you file anyway you can do that and then just sent in the divorce decree when you have it. 

[Celie 793]

4 minutes ago, morowind9182 said:

I'm done with my wife. She totally changed after we got married. She's is nasty and we don't really get along. I told her that I wanted a divorce and she told me that she will make my life miserable and fight the divorce. She will make sure the divorce is not final before I apply for removal of condition. So I'll have no divorce decree when I file the i751 and the waiver. My conditional green card expires in April 2020. What can I do? I'm lost and in pain. 

This may depend on the state, but I'm pretty sure you can still divorce even if she doesn't want to sign or show up for the court date. Try consulting a divorce lawyer to find out your options, but it's not impossible.

[Crazy Cat 39,227]

You can file for divorce now....She can not stop you from filing......and there is time to obtain a final decree before you have to file ROC.

[Going through 5,668]

3 hours ago, morowind9182 said:

I'm done with my wife. She totally changed after we got married. She's is nasty and we don't really get along. I told her that I wanted a divorce and she told me that she will make my life miserable and fight the divorce. She will make sure the divorce is not final before I apply for removal of condition. So I'll have no divorce decree when I file the i751 and the waiver. My conditional green card expires in April 2020. What can I do? I'm lost and in pain. 

You don't need the divorce to be finalized when you file the i-751 with a waiver...you just need to submit the final divorce decree before USCIS can approve it.

File for divorce now, and you'll have plenty of time for it to go through and be finalized by the time you  need to submit the divorce paperwork.

[databit 328]

OP wrote: "I wanted a divorce and she told me that she will make my life miserable and fight the divorce.."

 

This is completely possible. 

I know a couple (in California) where one of them is fighting the divorce. The divorce was filed in November 2016 and they are still not divorced 2 years and 5 months later, and their next court date (not for anything final) isn't even until June! Their attorneys just keep filing motions, continuances, rebuttals, etc.

[NikLR 13,220]

11 hours ago, databit said:

OP wrote: "I wanted a divorce and she told me that she will make my life miserable and fight the divorce.."

 

This is completely possible. 

I know a couple (in California) where one of them is fighting the divorce. The divorce was filed in November 2016 and they are still not divorced 2 years and 5 months later, and their next court date (not for anything final) isn't even until June! Their attorneys just keep filing motions, continuances, rebuttals, etc.

Why people want to be so petty is beyond me but for the OP they won't be deported if they can prove they're going through a divorce process. 

[Jeanne Adil 1,651]

get your own apartment and file for divorce

how does she intend to fight?  as you have not been here that long and there would not be much community property

community property and fighting for children are usually the things that hold up a divorce 

some states like New  York you  need to file for separation as from  that day on ,  you need to wait a year for final divorce

so move out,  get a lawyer,  file for separation and move on with life 

follow the advice above about the ROC

[Calicolom 265]

13 hours ago, databit said:

OP wrote: "I wanted a divorce and she told me that she will make my life miserable and fight the divorce.."

 

This is completely possible. 

I know a couple (in California) where one of them is fighting the divorce. The divorce was filed in November 2016 and they are still not divorced 2 years and 5 months later, and their next court date (not for anything final) isn't even until June! Their attorneys just keep filing motions, continuances, rebuttals, etc.

Move to a no fault state, like Texas, become resident in 6 month, and file for divorce. There is nothing she can do. I know I did.

[Crazy Cat 39,227]

8 minutes ago, Calicolom said:

Move to a no fault state, like Texas, become resident in 6 month, and file for divorce. There is nothing she can do. I know I did.

Simply filing for divorce does not stop the other party from making demands......alimony, child support, property division can all be demanded and/or contested.  

[geowrian 22,335]

She can make the divorce nasty and extend it, but you’ll be fine for ROC. You’ve got more than enough time.

[dwheels76 5,461]

OP keep notes of everything. Record everything. DO NOT allow yourself to be alone with her at all. A DV case (whether real or imagined) you don't need. I have a dear friend going through this nightmare and the US Citizen wife played the Texas residency perfectly she just moved here 7 months ago filed month 6.

They have a child and she is asking for everything even his apartment and she wants him to pay rent, she wants spousal support. And she was granted a retraining order because she made him look like a violent threatening monster (never touching her) but she's scared for her and their child.

 

Get your divorce file. Don't let her mindless threats scare you into anything again. Move out to your own space and never be alone with her again.

Edited March 28, 2019 by dwheels76

[Pinkrlion 2,607]

You first need to find an attorney and research your state laws.  Some states require a separation period before divorce can be filed.  

[Timona 3,941]

1 hour ago, dwheels76 said:

OP keep notes of everything. Record everything. DO NOT allow yourself to be alone with her at all. A DV case (whether real or imagined) you don't need. I have a dear friend going through this nightmare and the US Citizen wife played the Texas residency perfectly she just moved here 7 months ago filed month 6.

They have a child and she is asking for everything even his apartment and she wants him to pay rent, she wants spousal support. And she was granted a retraining order because she made him look like a violent threatening monster (never touching her) but she's scared for her and their child.

 

Get your divorce file. Don't let her mindless threats scare you into anything again. Move out to your own space and never be alone with her again.

"and the US Citizen wife played the Texas residency perfectly she just moved here 7 months ago filed month 6."

 

I don't get this. 

[mushroomspore 3,043]

18 hours ago, morowind9182 said:

I'm done with my wife. She totally changed after we got married. She's is nasty and we don't really get along. I told her that I wanted a divorce and she told me that she will make my life miserable and fight the divorce. She will make sure the divorce is not final before I apply for removal of condition. So I'll have no divorce decree when I file the i751 and the waiver. My conditional green card expires in April 2020. What can I do? I'm lost and in pain. 

You can't get deported for this. Sorry but she's just trying to scare you. She has no idea what she's actually talking about though. Move out and don't forget to get copies of ALL your paperwork that proves marital union and then file for divorce. You don't need her permission to get divorced. It's not the 1800's anymore.