My husband wants to divorce before I get my 10 year greencard

[Aaprill 0]

Hello everyone. I have been a silent reader here and this forum helped me a lot when I was applying for a greencard through marriage. I have been married to my US citizen husband for 3 years and I am going to apply for the 10 year green card in December. But we have been having a lot of problems lately that finally my husband told me that he wants to divorce... after 10 emotional days I started worried about my greencard. I have been in this country for the last 8 years and I’m worried I will have to leave. I asked him if he could at least wait till I submit my papers.. but then I did a little research and I’m confused if it would be better for me to divorce before I submit my papers or after I submit them? I’m worried because my opt was expired when I got married to him. Also before that my company tried to sponsor me for the H1 visa. I’m worried those will backfire me.. Our marriage is real. I still love him to death. I have an amazing relationship with my stepchild. I have a lot of documents to prove the marriage is real. I am really confused. I got my greencard without a lawyer but I guess I will need an immigration lawyer this time.. did anyone go through the same experience and were able to get their greencard ?

And how long does this process really take ? 

[VNN 147]

It may get extremely complicated (and have worse impact to your case) if you guys are still married and your husband not sign the ROC petition. The purpose of getting divorce early is to include waiver of a divorce but after a good-faith-marriage. Also, it is like living a lie anyway if you know it will be a divorce eventually.

 

In this situation, the majority will work with an immigration lawyer (and potentially another lawyer for divorce). Start to collect all of possible support docs: lawyer can help you but you also need to be proactive.

 

Also, you cannot file N-400 with 3 years rule but it should be less of a concern at this point.

[JFH 12,189]

*~*~*moved from “removing conditions” to “effects of major family changes” where similar questions are discussed*~*~*

[geowrian 22,335]

The best advice I can provide is not to make any marriage decisions around immigration issues, and also don't make any immigration decisions around marriage issues.

 

You can file jointly or separately with a divorce waiver. You will need to provide the final divorce decree before ROC can be approved.

 

Your past overstay and prior employer attempting to sponsor you have no impact on the ROC process.

If you have good evidence of a bona fide marriage, then I wouldn't be too concerned about ROC with a divorce waiver. It's long, slow, and annoying but the overwhelming majority of cases are approved in the end (and having LPR status actually removed if denied is several steps down the line).

Edited May 18, 2019 by geowrian

[Aaprill 0]

24 minutes ago, VNN said:

It may get extremely complicated (and have worse impact to your case) if you guys are still married and your husband not sign the ROC petition. The purpose of getting divorce early is to include waiver of a divorce but after a good-faith-marriage. Also, it is like living a lie anyway if you know it will be a divorce eventually.

 

In this situation, the majority will work with an immigration lawyer (and potentially another lawyer for divorce). Start to collect all of possible support docs: lawyer can help you but you also need to be proactive.

 

Also, you cannot file N-400 with 3 years rule but it should be less of a concern at this point.

I can easily prove our marriage is real. I’m not worried about that. 

I haven’t mentioned anything to him but I’m 100% sure he would sign the papers. My stepdaughter is so attached me that he wants me in her life regardless what is happening between us. 

I Just really need advices for my main questions. Do you know who went through the same process? 

[Aaprill 0]

4 minutes ago, geowrian said:

The best advice I can provide is not to make any marriage decisions around immigration issues, and also don't make any immigration decisions around marriage issues.

 

You can file jointly or separately with a divorce waiver. You will need to provide the final divorce decree before ROC can be approved.

 

Your past overstay and prior employer attempting to sponsor you have no impact on the ROC process.

If you have good evidence of a bona fide marriage, then I wouldn't be too concerned about ROC with a divorce waiver. It's long, slow, and annoying but the overwhelming majority of cases are approved in the end (and having LPR status actually removed if denied is several steps down the line).

Thank you so much for your respond. I think I am emotionally exhausted that’s why I really don’t know what’s right what’s wrong at the moment. But I will keep your first words in mind. My marriage is real and I have many supporting documents to prove it. But hearing my legal status has nothing to do with the ROC process definitely made me feel much better. 

Thank you. 

 

[kline19 102]

AOS I485 is the point where any prior complications with the visa status were reviewed by the USCIS. This is my opinion, but I don't think they reexamine entire immigration history once again at ROC. Main point of ROC is to demonstrate the bona fides of the marital relationship.

 

The process of filing with divorce waiver for ROC/i751 is pretty straightforward and it wouldn't require husband's signatures. I think the best thing to do is to get a competent immigration lawyer to walk you through this process.

[Aaprill 0]

Hello guys.i am a foreigner who’s married to a US citizen. We have been married for 3 years and I should normally apply to remove conditions on my greencard at the end of this year. But my husband wants to divorce.. I live in NY state and if we agree divorce process doesn’t take too long here. I know it is harder when there is a divorce.. I have many documents to prove our marriage is real. 

* we have been living in the same place since we got married and the lease is under both of our names.

* some of the bills are under his name, some of them under my name.

* we have a shared credit card and he has a debit card attached to my checking account.

* we have a joint car insurance.

* we have a court paper him trying to make an arrangement with his child’s mother which states i would be doing the transactions to avoid conflicts ( pick up the child & drop of the child). 

* we have transactions from my bank account which goes to his child’s day care and money transactions  between our accounts. 

* we have cards giving to each other for special occasions.

* We have the receipts for summer passes to the amusement parks.

* we have the receipts for special occasions like me ordering him a birthday cake with instructions etc.

*joint tax returns for the last 3 years

* we have many pictures with many different people and especially I have a lot of pictures with his daughter ( more pictures than I have with him). 

* we have many people who can write a letter for us to sworn our marriage is real.

* We have older phone records between us ( changed the carrier and cannot get the detailed list anymore). 

When we had our first appointment we got approved on the spot that our officer gave me a temporary greencard on the spot so we could go to Canada for Valentine’s Day ( got my interview 2 days before the Valentine’s Day). The officer said he has no doubt about us... He said anyone from outside could understand you are in love with your husband which is true. I don’t want to divorce.. It is breaking my heart a lot.. I wanted to get a marriage counseling but we are in dept so have no extra money to spend on that.. also our car loans are separate because his credit score is very low so we did not want my credit to be effected. Also we do not have health insurance together. It is because his company offers very cheap health insurance for an individual but the family plan is so expensive and again we cannot afford it. And, I don’t have a health insurance in general anyways ( again money is the factor). We both work but between the child support, depts, and expenses we live pay check to pay check. How important is not having a health insurance together or having separated car loans? 

And lastly, I will have friends writing letters for us that our marriage is real. But i am not sure if I should get any letters from his family? And, my husband will write a letter indicating our marriage was in a good faith.. 

Do I need more evidence? If so what else I should be looking to add into my form?

thanks 

Edited May 18, 2019 by Aaprill
Grammar mistake

[Roel 7,191]

You can keep asking in your previous thread

 

[VNN 147]

1 hour ago, Roel said:

You can keep asking in your previous thread

 

You were confident that you would have all support docs to prove bona fine nature of your marriage - you need that and positive thinking to go over this process.

 

Good Luck!

[Ryan H 3,790]

~~~Posts merged with existing thread; please do not start multiple threads on the same issue.~~~

 

 

7 hours ago, Aaprill said:

Hello guys.i am a foreigner who’s married to a US citizen. We have been married for 3 years and I should normally apply to remove conditions on my greencard at the end of this year. But my husband wants to divorce.. I live in NY state and if we agree divorce process doesn’t take too long here. I know it is harder when there is a divorce.. I have many documents to prove our marriage is real. 

* we have been living in the same place since we got married and the lease is under both of our names.

* some of the bills are under his name, some of them under my name.

* we have a shared credit card and he has a debit card attached to my checking account.

* we have a joint car insurance.

* we have a court paper him trying to make an arrangement with his child’s mother which states i would be doing the transactions to avoid conflicts ( pick up the child & drop of the child). 

* we have transactions from my bank account which goes to his child’s day care and money transactions  between our accounts. 

* we have cards giving to each other for special occasions.

* We have the receipts for summer passes to the amusement parks.

* we have the receipts for special occasions like me ordering him a birthday cake with instructions etc.

*joint tax returns for the last 3 years

* we have many pictures with many different people and especially I have a lot of pictures with his daughter ( more pictures than I have with him). 

* we have many people who can write a letter for us to sworn our marriage is real.

* We have older phone records between us ( changed the carrier and cannot get the detailed list anymore). 

When we had our first appointment we got approved on the spot that our officer gave me a temporary greencard on the spot so we could go to Canada for Valentine’s Day ( got my interview 2 days before the Valentine’s Day). The officer said he has no doubt about us... He said anyone from outside could understand you are in love with your husband which is true. I don’t want to divorce.. It is breaking my heart a lot.. I wanted to get a marriage counseling but we are in dept so have no extra money to spend on that.. also our car loans are separate because his credit score is very low so we did not want my credit to be effected. Also we do not have health insurance together. It is because his company offers very cheap health insurance for an individual but the family plan is so expensive and again we cannot afford it. And, I don’t have a health insurance in general anyways ( again money is the factor). We both work but between the child support, depts, and expenses we live pay check to pay check. How important is not having a health insurance together or having separated car loans? 

And lastly, I will have friends writing letters for us that our marriage is real. But i am not sure if I should get any letters from his family? And, my husband will write a letter indicating our marriage was in a good faith.. 

Do I need more evidence? If so what else I should be looking to add into my form?

thanks 

 

6 hours ago, Roel said:

You can keep asking in your previous thread

 

 

5 hours ago, VNN said:

You were confident that you would have all support docs to prove bona fine nature of your marriage - you need that and positive thinking to go over this process.

 

Good Luck!

 

[Aaprill 0]

6 hours ago, VNN said:

You were confident that you would have all support docs to prove bona fine nature of your marriage - you need that and positive thinking to go over this process.

 

Good Luck!

I have been reading about my situation nonstop and I think I’m confusing myself so much. I read some people posts saying their applications got denied with similar proofs I have. I know everybody’s case is different but this is a very stressful situation and I want to make sure I can prove my marriage with the documents I have. Thank you for your respond! 

[Carpe Vinum 2,310]

On 5/17/2019 at 11:35 PM, geowrian said:

The best advice I can provide is not to make any marriage decisions around immigration issues, and also don't make any immigration decisions around marriage issues.

This should be carved in stone somewhere...

[TBoneTX 43,058]

11 hours ago, boris64 said:

This should be carved in stone somewhere...

Definitely true in context.  However, thinking broadly, don't a minimum of 50% of VJ members make immigration decisions around marriage issues?  

"When we marry, will you move to my country, or will I move to yours?"