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Divorce after granted the two year card?

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Filed: K-1 Visa Country: Russia
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What will happen if I divorce him before the is it a 10 year renewal? We had the 90 days and then got the next green card. He's put me through hell. I'm afraid of him. I should never have caved into signing a car loan. Now the implication is if I dont do what he wants he will ruin me financially. My.brother died of cancer this May and he moved in with my parents when he got a job from my other brother in another state. I saw him on a dating website in the car in my name, in my parents driveway, and in the work uniform from the job my older brother got him a few weeks after my little brother died.  A picture I took. When I approach him about any of this he yells that I'm a stupid . I'm afraid that he's at my parents. I'm afraid not to renew his card. What happens if I don't? I just want him away from me, my children,  and my grieving and older parents. There's also been no sex. I'm a nervous wreck. He makes me say please and thank you but gives me orders. Its so strange he feels entitled to everything. Should I try to divorce him now or let the green card expire? I'd rather be financially ruined than live like this. 

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Filed: Citizen (apr) Country: Canada
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I am sorry you have to go through this, 

 

sadly he already has his green card , however for the 10 year green card he can technically do it alone , but if he doesn’t have enough evidence they will deny him and you can even provide proof of his abuse . 

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Filed: Citizen (apr) Country: Iran
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Sorry for your unfortunate situation. I am sorry he is with your family not sure what you really want to do, it up to your family to support you if your husband is not. I think you should make your family aware if the situation between you and your spouse.

 

If you do nothing further with his immigration process (don't participate in i751 filing) he can not move forward with a joint i751 application, he could however file an i751 with a waver by himself. There are waivers for i751 cases for abuse, divorce, widow, or compassion. If you two get a divorce he can file alone with a divorce waiver he would still need to prove the marriage was enter in good faith.

 

The best thing you can do is to file for a divorce in order to protect your legal rights. Separate from him as quickly as you can seek a protection order if he has abuse you. If he physically abuses you be sure to call the police and file charges that is most important to protect yourself. If he is convicted of domestic violence it would make his immigration case difficult. 

 

As for his green card status, do not participate any further in his immigration process. Do not combine any resources with your spouse, close or remove your name from any joint accounts you have with him right away. File your tax return as married filed separately and single after divorce, do not file his tax return (up to himself to file separately). 

 

 

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Filed: Citizen (apr) Country: Russia
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**Moved from Removing Conditions on Residency General Discussion to Effects of Major Family Changes on Immigration Benefits; OP may find useful advice there**

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

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Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

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  • 3 weeks later...
Filed: K-1 Visa Country: Russia
Timeline
On 12/14/2020 at 12:55 AM, MASH said:

I am sorry you have to go through this, 

 

sadly he already has his green card , however for the 10 year green card he can technically do it alone , but if he doesn’t have enough evidence they will deny him and you can even provide proof of his abuse . 

 thank you. Things escalated over the holiday. I recorded him talking sexually and declaring love for another woman he knew before marrying me and they were talking about me viciously and laughing about using me. My parents asked him to return the house keys and leave and he refused and challenged them to call the cops we they had no choice. They made him return the key and waited until he left.   I have had to return with my children to the state where I work but he is hanging around working near where my parents live. My brother hired him and we are pretty much hostages

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Filed: K-1 Visa Country: Russia
Timeline
On 12/14/2020 at 2:02 AM, H.Angy said:

It is funny how people say that they are sorry in a very short cold sentence and then jump with advices.

Your story is long, it has children, relatives and a loan. Things are not as easy as those 2 users said.

 

 

  I appreciate everyone trying to help. While most situations turn out well some do not. Scammer and users make it more difficult for honest people. 

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Filed: K-1 Visa Country: Russia
Timeline
On 12/14/2020 at 11:44 AM, da95826 said:

Sorry for your unfortunate situation. I am sorry he is with your family not sure what you really want to do, it up to your family to support you if your husband is not. I think you should make your family aware if the situation between you and your spouse.

 

If you do nothing further with his immigration process (don't participate in i751 filing) he can not move forward with a joint i751 application, he could however file an i751 with a waver by himself. There are waivers for i751 cases for abuse, divorce, widow, or compassion. If you two get a divorce he can file alone with a divorce waiver he would still need to prove the marriage was enter in good faith.

 

The best thing you can do is to file for a divorce in order to protect your legal rights. Separate from him as quickly as you can seek a protection order if he has abuse you. If he physically abuses you be sure to call the police and file charges that is most important to protect yourself. If he is convicted of domestic violence it would make his immigration case difficult. 

 

As for his green card status, do not participate any further in his immigration process. Do not combine any resources with your spouse, close or remove your name from any joint accounts you have with him right away. File your tax return as married filed separately and single after divorce, do not file his tax return (up to himself to file separately). 

 

 

Thank you about the tax return advice. I hadn't even thought of it. I did try to close our joint bank account but it takes a while. He keeps using his card and over drafting! He has been sending money to someone likely the woman while hes been living rent free and eating from my parents table while chatting with her near my parents assuming they don't understand Russian. They don't but they know the way brothers and sisters talk to each other and it's not like that. The thing is if my parents were less good we could have driven off with the car while he was at work but they are afraid and would not anyway. My mom is the type of person who worries about someone having enough food even if they've taken hers! I have to admit I'm a bit like that myself which is how I got scammed. I actually help refugees and work in the immigrant community but I don't make much money and I've never come up against someone who has so little compassion for others. We are at a disadvantage here because they are good moral people. 

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Filed: Citizen (apr) Country: Ecuador
Timeline

A good heart is a good thing.

Conversely, don't be so open-minded that your brains fall out.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 5 weeks later...
Filed: K-1 Visa Country: Russia
Timeline

Is there any way to tell if he has left the U.S. and returned to Russia? There were lots of threats on his part and the police suggested I cut off all communication which I did. I forgot about a WhatsApp account and I noticed he posted for his profile pic what seemed to be an itinerary of a flight out which really shocked me but he left one good job with benefits which my family worked hard to get him to supposedly go earn big money driving a truck. Maybe it didnt work out. Of course, I suppose that leaving doesn't necessarily mean he couldn't return but I could stop looking over my shoulder a bit. I know airlines can't give out the information, of course, but I thought USCIS might. However, I haven't been able to speak to anyone there. Thank you. Also, I know for most people these things work out and I wish you all happiness in your marriages. :) Thank you for your support.  

 

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Filed: Citizen (apr) Country: Ecuador
Timeline
12 hours ago, Pelmeni said:

he posted for his profile pic what seemed to be an itinerary of a flight out

One chance to learn might be if his confirmation or record-locator number is visible in that post.  The airline might then be able to tell you.

12 hours ago, Pelmeni said:

he left one good job

If he left the job in connection with flying out (i.e., he didn't leave the job long before flying out), maybe place a call to the company, asking to reach him.  When they say that he's gone, sound surprised, and innocently probe as to where he went or if he left any contact information.  They may not know or may refuse to tell you, but it's worth a try.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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