Divorce before removal of condition

[Verena Mona 0]

Hello!

I am about to go through a divorce. My husband already filed for it, but Im not agreeing with a uncontested divorce. I have my 2 year greencard and have to do the removal of condition next year.

So my first question is should I be the one who files for divorce bc of the matter that he was cheating on me and mentally abuseing me, or should I let the uncontested divorce just go through? (What is better in my case when it comes to removal of condition and getting the ten year gc?)

Also who has done the removal of condition and getting the 10 year greencard on their own? Do I have to show them that I went through hell and this is why we got divorced, or should a lawyer do that for me? 

I have so many questions... I hope someone can help. Thank you much in advance!

[Mobius1 175]

Yes, it matters who files for divorce. In your case, its better since he filed for it.

 

However, i751 becomes more difficult with divorce. 

 

You need to document and keep proof of EVERYTHING that you can to prove it was his doing/ fault. You need as much proof as possible of your "real marriage".

 

The way USCIS operates is, they view all marriage cases as sham. Its your burden to prove them wrong.

 

Now the tricky part:

 

Timing in such cases is crucial. 

 

> Since you haven't filed i751 yet (will do next year), you cant file joint i751 now because that would be a lie (telling govt you guys are together when he has filed for divorce). You will have to do divorce waiver i751. 

          >> Tricky part with divorce waiver is that you need to have divorce decree in hand to even qualify for it. Though some officers are kind enough to give you 80ish days to get it done.

 

So its in your best interest either ways to finish up the divorce ASAP. No contest, ASAP. Get divorce in hand before you have to file Waiver i751.

 

One good thing about Divorce waiver is that you don't have to wait 2 years. You can file for ROC the day you get your divorce decree. But again, I would warn. You would need heavy evidence of real marriage, i.e. Financial + physical life you had together.

 

If you don't, you will be placed in removal which still isn't the end of the world. As you will have one more shot Infront of the judge.

 

You need a lawyer to do this. Don't screw this up! 

 

Edited December 13, 2022 by Mobius1

[OldUser 5,053]

Couldn't agree more with @Mobius1, that was an excellent comprehensive answer.

 

Obtain as much evidence of your marriage as you can right now. Make sure to store it in a safe place (you never know what hurt husband can do). Make hard copies as well as digital copies stored on laptop, USB drive and cloud (Google Drive and similar). Make sure your passwords are secure and not known to anybody but you.

 

A lawyer can help you organizing the case and preparing you for the interview. A lawyer can also try reaching out to your husband to sign a sworn affidavit from him saying the marriage was real but didn't work out. You can also get statement from him yourself if he's cooperative as well as from friends and acquaitences.

 

Good luck!

 

 

[OldUser 5,053]

To add more, unless you have police reports, proof of physical abuse, reports from a licensed therapist showing you were seriously affected by mental abuse, do not go abuse route. It's always a much more dificult case to prove. Instead go the route of good faith marriage.

[da95826 387]

You can totally remove the conditions on your legale permanent residency by filing an i751 divorce waiver case.

You need a final divorce decree (So get your divorce as quickly as you can)

Have proof of a bonified marriage before divorce

 

Need proof from marriage until separation, that you lived together as a couple like be on the lease, copies IDs with common address in the past, mail sent to common address; also need proof of shared finances, joint tax returns, shared bank account statements, shared bills, pictures together, joint insurance, trips together, birth records of any children together, affidavit from spouse that marriage was real but did not work out if possible.

 

Really you only need those two things to get the i751 divorce waver case approved, it does not matter who caused the divorce you just need to prove the marriage was bonified and was entered in good faith. That is why you need to gather as much bonified marriage proof as you can now and keep it safe to file with your i751 application.

[Rocio0010 5,572]

21 hours ago, Verena Mona said:

So my first question is should I be the one who files for divorce bc of the matter that he was cheating on me and mentally abuseing me, or should I let the uncontested divorce just go through? (What is better in my case when it comes to removal of condition and getting the ten year gc?)

For the purpose of removal of conditions itself, it doesn't really matter who files for divorce. And in your case, because of the timing of the divorce decree, I would go the uncontested route and not choose VAWA. File for divorce, get the decree, proceed to ROC.

Get as much evidence of a bonafide relationship as you can. This includes (but not limited to)

Joint bank account statements

Joint utility bills

Joint deeds/ leases

Joint Federal/ State taxes.

Notarized and sworn affidavits from friends and family members.

 

21 hours ago, Verena Mona said:

Also who has done the removal of condition and getting the 10 year greencard on their own?

VJ is a DIY site, so plenty of people that are still married have done it, including myself, without an attorney. Divorced people do it without an attorney too, but you do need to know what you are doing and what to file. 

[Timona 3,969]

Unfortunately, USCIS doesn't care about who cheated. They're not counselors nor therapists. They only care about bona-fide aspects of the marriage. Focus on that.