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Cultclassic92

Divorce and Remarry

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Please feel free to move this to the correct topic if it is wrong! So I received my Permanent Resident Green card in March this year....things between me and my husband are not great, we argue a lot over bills and other stuff. He has also been verbally abusive lately and it just seems we are at loggerheads over every little thing. I have also fallen for a coworker of mine and we want to be together and get married after I divorce my current husband of course. Is there any way I can get divorced on my current status rather than push through until after removal of conditions and still be able to remain in the US to remarry another US Citizen? 

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Posted (edited)

You still need to file removal of conditions, but that can be done with a divorce waiver, and I believe it can be done as soon as the divorce is final**.  You will need to show that you entered the marriage with good intentions, which means showing you and your current husband shared your lives together (taxes, banking/credit statements, joint lease/mortgage/deed).

 

Marriages are hard and some fall apart every day, but given that you’re already emotionally involved with someone else while still married, you’re likely going to face some additional scrutiny.  (I’m not judging, just preparing you) so I would gather everything you have showing your intent was to make your current marriage work. 

 

But yes, once you have a green card, conditional or not, you are a permanent resident until/unless an immigration judge orders otherwise.

 

edit:  **

Edited by Cryssiekins
**

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2 minutes ago, JFH said:

I don’t have to do ROC but I have been through a divorce so I have no immigration advice but please do take it slowly with the new flame. You haven’t been here long so you obviously haven’t been working there long. It’s very tempting during the final stages of an unhappy marriage to rush things with someone else. Maybe it’s the fear of loneliness. Maybe it’s establishing your own self-worth. The grass isn’t always greener. 

 

I would also check your company’s policy regarding establishing a domestic relationship with a co-worker. I was surprised to see it was very much frowned upon where I work and can even cause one party to be moved to another department. I found this out because a co-worker recently resigned following her marriage to another co-worker. She was told she had to be moved to a role where there is no direct involvement with her wife and she didn’t want to do that so she resigned. 

I like the part which says !the grass is not always greener!. wish talk.

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~~Moved to Effects of Major Family Changes, from AOS FAmily - As similar threads are discussed here.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Thank you so much to everyone for the responses. I am going to bring up the subject of counselling, so I guess at least then will have evidence to show we did try. We have tried communicating just by ourselves but it ends up with one of us getting worked up. So, if I first try the counselling then we decide to divorce, we do so on agreed intentions jointly that it just didn't work out. We file for divorce then when it is time to apply for ROC, I just send in the paperwork for the divorce?

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3 minutes ago, Cultclassic92 said:

Thank you so much to everyone for the responses. I am going to bring up the subject of counselling, so I guess at least then will have evidence to show we did try. We have tried communicating just by ourselves but it ends up with one of us getting worked up. So, if I first try the counselling then we decide to divorce, we do so on agreed intentions jointly that it just didn't work out. We file for divorce then when it is time to apply for ROC, I just send in the paperwork for the divorce?

Counseling or not, you still have to include other evidence that the marriage was entered into with good faith.  You’re going to want to send the items I mentioned above (banking statements, credit statements, tax transcripts, domicile documents).  When USCIS asks for proof of a bonafide relationship they mean “financial co-mingling”.  Showing an attempt at counseling can be helpful, but the financial/domicile proof is going to be what’s strongest and what is required.  

 

Check the guides, and other topics under removal of conditions for a better idea.

 

Typically your window for ROC opens 90 days before the 2 year anniversary of your residency, but once the divorce is final, your window opens immediately, so you would include the divorce decree.  If it’s later in marriage (while ROC is pending, for example) you file during the regular window and then switch to a divorce waiver at the interview. 

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15 minutes ago, Cryssiekins said:

Counseling or not, you still have to include other evidence that the marriage was entered into with good faith.  You’re going to want to send the items I mentioned above (banking statements, credit statements, tax transcripts, domicile documents).  When USCIS asks for proof of a bonafide relationship they mean “financial co-mingling”.  Showing an attempt at counseling can be helpful, but the financial/domicile proof is going to be what’s strongest and what is required.  

 

Check the guides, and other topics under removal of conditions for a better idea.

 

Typically your window for ROC opens 90 days before the 2 year anniversary of your residency, but once the divorce is final, your window opens immediately, so you would include the divorce decree.  If it’s later in marriage (while ROC is pending, for example) you file during the regular window and then switch to a divorce waiver at the interview. 

   I have plenty to show for that, including joint bank account, both names under car insurance, medical and taxes. My Green Card does not run out until March/April 2021. So we go through divorce proceedings then as soon as that divorce is finalized, I then apply for ROC under divorce waiver?

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2 minutes ago, Cultclassic92 said:

   I have plenty to show for that, including joint bank account, both names under car insurance, medical and taxes. My Green Card does not run out until March/April 2021. So we go through divorce proceedings then as soon as that divorce is finalized, I then apply for ROC under divorce waiver?

Correct.

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I think that is a lot better than stressing about trying to strain out another year or so with a marriage that is not really working out. I was just really concerned about my status while the divorce is going through as I didn't want to go through the process all over again.

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Did you just get your GC in March?  That was about 2 months ago and you are ready to divorce? I mean things happen but having a timeline like that will make it harder to ROC. You need to make sure you have plenty of proof for ROC (not just a divorce decree). Please check the ROC subforum and get an idea of what kind of paperwork you will need. Expect extra scrutiny based on that timeline. 

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Don't fake counseling just to make it look like you tried.

You've fallen for another guy, the marriage is over no point faking it. That's not fair to either of the men involved. If your done your done.  

Gather all the proof you have and don't forget anything even if you think it's nothing. Get all that stuff together and get out. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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On 5/29/2019 at 8:54 PM, Cultclassic92 said:

Thank you so much to everyone for the responses. I am going to bring up the subject of counselling, so I guess at least then will have evidence to show we did try. We have tried communicating just by ourselves but it ends up with one of us getting worked up. So, if I first try the counselling then we decide to divorce, we do so on agreed intentions jointly that it just didn't work out. We file for divorce then when it is time to apply for ROC, I just send in the paperwork for the divorce?

The bold above is somewhat telling


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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21 hours ago, Ontarkie said:

Don't fake counseling just to make it look like you tried.

You've fallen for another guy, the marriage is over no point faking it. That's not fair to either of the men involved. If your done your done.  

Gather all the proof you have and don't forget anything even if you think it's nothing. Get all that stuff together and get out. 

Well he lost his temper yesterday I had to get out. My stuff is still there and there would be no way to do counselling now. 

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Expect some added scrutiny that the marriage was entered into with bonafide intent since you just got your GC a couple of months ago and are filing for divorce soon after.  Good luck to you.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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