Separation after coming to the US

[Jake.jay 1]

Hello Everyone,

 

I find my self in predicament I never thought I would be in. I am from Canada and got married to an American more then 2 years ago. We visited each other back and forth and I thought what we had was a happy marriage. I came to the US nearly 5 months ago on a IR-1 green card, and things have changed between my wife and I. I have learnt that my wife has repeatedly cheated on me and is currently seeing another man, I have asked her if she would be interested in working things out, and she told me she is no longer in love with me and wants me to move out. She added to it saying "I have not been faithful to you, I will never be faithful to you, or be faithful to the next person"

 

I know this is not a relationship advice forms. I can go into all the details of mental abuse that I have gone through after coming out here. But at this point I want to know my options, we have a business here. Which I am involved in, which means leaving and going back home is not as simple as it involves bank loans which are in the millions of dollars.

 

My question is, Can I stay in the US? I know the optics of things does not board well in my favor from an immigration perspective. I know I don't have conditions to remove or anything. But splitting from your wife few months after moving seems like a red flag, and I don't want to live in the fear of wondering when Immigration will come and knock my on door.

 

On the other hand if I have to live in that fear. I might as well try to sell the business or worst case scenario declare bankruptcy and go back home. If I go back home, what are my options? I understand I-407 is the form that needs to be filled out. But what are the implications of that? Can I enter the US to visit? If a job opportunity arises here will I be banned from entering.

 

I guess I am really confused as, this is not just another marriage failing (which is hard as it is from an emotional side of thing). But also this involves my future, I don't want to build a life here and be forcefully ripped away from it.

 

Any and all useful advice would be welcome as i feel completely lost. 

[Just Paul 4,591]

9 minutes ago, Jake.jay said:

My question is, Can I stay in the US?

Yes you can absolutely stay, if you want to.  You entered into the US in good faith.  Not an issue at all.

[Crazy Cat 39,226]

You have a 10 year Green Card.....you are free to stay....there are no marriage conditions to consider........

Find a good divorce attorney

Protect your self legally

Seek happiness for yourself.

Good luck

Edited May 28, 2019 by missileman

[Crazy Cat 39,226]

7 minutes ago, Paul & Mary said:

Yes you can absolutely stay, if you want to.  You entered into the US in good faith.  Not an issue at all.

Agree...and he entered on an IR-1......

Edited May 28, 2019 by missileman

[Russ&Caro 1,548]

31 minutes ago, Jake.jay said:

"I have not been faithful to you, I will never be faithful to you, or be faithful to the next person"

Wow! Do you co-own the business with this person? If so, sell or get out from under it if you can as you mentioned million's of dollars in loan. Don't worry about any immigration issues. You're fine. Do your best to disentangle from this person.

[Jake.jay 1]

53 minutes ago, Paul & Mary said:

Yes you can absolutely stay, if you want to.  You entered into the US in good faith.  Not an issue at all.

 

50 minutes ago, missileman said:

You have a 10 year Green Card.....you are free to stay....there are no marriage conditions to consider........

Find a good divorce attorney

Protect your self legally

Seek happiness for yourself.

Good luck

 

I did enter the US in good faith and I do have a 10 year green card. My question is, with a separation (which will probably follow divorce), this quickly after entering the US. Will USCIS look at it as something suspicious when I got to apply for citizenship in 5 years (if I chose to stay that is)

 

Also could USCIS as me to prove I enter the marriage in good faith at the time of immigration?

Edited May 28, 2019 by Jake.jay
added details

[Jake.jay 1]

27 minutes ago, Russ&Caro said:

Wow! Do you co-own the business with this person? If so, sell or get out from under it if you can as you mentioned million's of dollars in loan. Don't worry about any immigration issues. You're fine. Do your best to disentangle from this person.

Yes I do, co-own this business with her. Unfortunately thing unraveled after I signed as a grantor on the Business loan. 

 

So the loans in my name, hence why I cant just up and go back home. Hence why I want to find out if I can stay. As much as I just want to up and leave. I really do miss Canada.

[Just Paul 4,591]

36 minutes ago, Jake.jay said:

I did enter the US in good faith and I do have a 10 year green card. My question is, with a separation (which will probably follow divorce), this quickly after entering the US. Will USCIS look at it as something suspicious when I got to apply for citizenship in 5 years (if I chose to stay that is)

Not too suspicious.  Just keep evidence of how thing broke apart incase they ask.   But I doubt they will.

[Jake.jay 1]

1 minute ago, Paul & Mary said:

Not too suspicious.  Just keep evidence of how thing broke apart incase they ask.   But I doubt they will.

What kind of evidence would recommend I keep?  So far the only evidence I have is a recording of her saying she will never be faithful to me. I recorded this for divorce purposes not for immigration purposes. Thankfully the place we are in only requires on party consent for recording.

[Just Paul 4,591]

Just now, Jake.jay said:

I recorded this for divorce purposes not for immigration purposes.

Anything used in divorce will help in immigration if needed.   There really isn't much to expect in 5 years if citizenship mis on you horizon.

[little immigrant 800]

I hope your divorce will go over as smooth as possible. So sorry you're dealing with this. I don't know why she even agreed to marry you when she can never be faithful to you. 

 

You have the 10 year green card. You can become a US citizen after 5 years of residency. I would definitely consider it. 

 

I hope you recover well from all this and focus on what's important to you now. Again you can stay in the US with your 10 year green card. All the best to you. 

 

Edit: Also keep joint things like the business and other financial comingling as proof for when or if you get naturalized. Normally for the 5 year eligibility they don't ask much about your marriage but it happened to me. My situation was slightly different however. I had the green card for ~3 years when I divorced. I told the officer my entire time line. I was also married again to a foreigner who overstayed. I told her that we will apply for his AOS after I get naturalized. I sent the papers the same day of my oath. My point is yes it's possible you have to produce evidence of a bona fide marriage. What she said in the recording might not be of interest to USCIS much. They care mostly about a good faith marriage (someone please correct me if I'm wrong). 

Edited May 29, 2019 by little immigrant

[Jake.jay 1]

7 hours ago, little immigrant said:

I hope your divorce will go over as smooth as possible. So sorry you're dealing with this. I don't know why she even agreed to marry you when she can never be faithful to you. 

 

You have the 10 year green card. You can become a US citizen after 5 years of residency. I would definitely consider it. 

 

I hope you recover well from all this and focus on what's important to you now. Again you can stay in the US with your 10 year green card. All the best to you. 

 

Edit: Also keep joint things like the business and other financial comingling as proof for when or if you get naturalized. Normally for the 5 year eligibility they don't ask much about your marriage but it happened to me. My situation was slightly different however. I had the green card for ~3 years when I divorced. I told the officer my entire time line. I was also married again to a foreigner who overstayed. I told her that we will apply for his AOS after I get naturalized. I sent the papers the same day of my oath. My point is yes it's possible you have to produce evidence of a bona fide marriage. What she said in the recording might not be of interest to USCIS much. They care mostly about a good faith marriage (someone please correct me if I'm wrong). 

Thank you for you for your kind words. Right now I am trying to focus on my self and move on from the hurt and pain I am going through.

 

My only concern is, we had a lot commingling before I cam out Joint taxes, joint bank account, Joint lease etc.

 

After I came out her the only new commingling that has happened is the joint ownership of the business (which in my opinon should show it is real as it is not something you do with someone you dont trust). So my concern is would that suffice?

 

Also as curiosity, how did the AOS go with your new spouse. Did it cause issues as you came her because you were married to an American? 

[Just Observing 34]

From your write up I would say the probability of immigration issues are very very very low and close to nonexistent when you file for citizenship as everyone here has already told you. No need to continue to agonize unnecessarily over that part.

 

Your focus should be on emotional healing and financial disentanglement. Those two alone are challenging enough by themselves without adding ultra low probability non-problems like immigration.

[Amadia 711]

Like all others mentioned, you are here LEGALLY and should not be in fear of ICE knocking down your door or hassling you on the streets. Things do not always go as planned but we work with what we have  

Chin up......you will overcome this obstacle.

[Villanelle 4,121]

Since you have the 10yr card you will not ever be asked to prove the bonafides of the marriage like they do in ROC or citizenship based on 3yr marriage. However when you do apply for citizenship they will look to make sure your GC was issued properly. (it was, and you shouldnt be concerned about that). Try to get copies of whatever it was you sent in to get the GC as well as all the divorce paperwork and put it in an envelope somewhere incase they ask for anything at your N-400. For extra piece of mind you can browse the ROC subforum and get an idea of what people send to prove ROC (even though its N/A for you) but having those kinds of 'bonafide' evidences just in case will probably make you feel better. 

 

Really your divorce sounds like its going to be complicated. Make sure you have a good attny and understand everything. Best of luck.