Divorce on Conditional Green Card [merged threads]

[Sparkey 17]

I entered the US on a K1. Got married in December 2021 and received my conditional green card in September 2022. Things have gone downhill (he is drinking more and we are constantly fighting) and I am considering filing for divorce. I know this will require a waiver and I will be using a lawyer. 

The marriage was bona-fide and I have the following documents as backup, but some bills only allowed us to put one name.

 

Will this be enough proof?

- 3 signed leases with both names

- 2022 taxes filed jointly

- joint bank account 

- joint health insurance

- joint car insurance bill under his name but both names shown on both vehicle policies

- credit card under my name with US spouse as the additional authorized user

- electric bill with both names

- internet bill with only US spouse name but me as an authorized admin on the account. 

- insurance policies listing each other as beneficiary 

- me listed as beneficiary on his 401k

 

Given that we've been married only 16 months and I've only had a green card for 5 months, will there be any issues?

Has anyone else had a similar issue and received the 10 year card without any issues?

[mytruelove18 607]

4 hours ago, Sparkey said:

I entered the US on a K1. Got married in December 2021 and received my conditional green card in September 2022. Things have gone downhill (he is drinking more and we are constantly fighting) and I am considering filing for divorce. I know this will require a waiver and I will be using a lawyer. 

The marriage was bona-fide and I have the following documents as backup, but some bills only allowed us to put one name.

 

Will this be enough proof?

- 3 signed leases with both names

- 2022 taxes filed jointly

- joint bank account 

- joint health insurance

- joint car insurance bill under his name but both names shown on both vehicle policies

- credit card under my name with US spouse as the additional authorized user

- electric bill with both names

- internet bill with only US spouse name but me as an authorized admin on the account. 

- insurance policies listing each other as beneficiary 

- me listed as beneficiary on his 401k

 

Given that we've been married only 16 months and I've only had a green card for 5 months, will there be any issues?

Has anyone else had a similar issue and received the 10 year card without any issues?

Try to go to therapy for the drink problems and keep that visit as proof that you try to help him.

[Ontarkie 13,957]

~~Moved to Effects of Major Family Changes, from ROC - as similar threads are discussed here.~~

[Sparkey 17]

1 hour ago, mytruelove18 said:

Try to go to therapy for the drink problems and keep that visit as proof that you try to help him.

I've already tried that. He said no to any kind of therapy or counseling. 

[TBoneTX 43,413]

That all sounds sufficient.  If you drafted wills, powers of attorney, or similar estate documents, those are excellent evidence.  Whether you did or didn't, be sure to revise or draft your own such documents as soon as the divorce is final.

[Sparkey 17]

2 hours ago, TBoneTX said:

That all sounds sufficient.  If you drafted wills, powers of attorney, or similar estate documents, those are excellent evidence.  Whether you did or didn't, be sure to revise or draft your own such documents as soon as the divorce is final.

Thank you! 

Do you think it will raise any issues being that I've only had the green card for a few  months?

Edited February 28, 2023 by Sparkey

[mytruelove18 607]

7 hours ago, Sparkey said:

I've already tried that. He said no to any kind of therapy or counseling. 

Ok, can you get affidavits from family and friends that know about the situation? 

That can help too

[carmel34 3,534]

3 hours ago, Sparkey said:

Thank you! 

Do you think it will raise any issues being that I've only had the green card for a few  months?

I-751 cases with a divorce waiver typically require an interview and some additional scrutiny.  You should be fine if you have sufficient evidence and documentation to support your case that the marriage was bona fide for a period of time.  Many others in your situation have been successful in removing conditions.  Sometimes marriages don't work out, USCIS officers know this, so focus on gathering quality documentation that it was real and genuine at least until it ended.  The sooner you get a divorce decree the better, as it will be required to support the divorce waiver.  If you don't include a scanned/photocopied final decree of divorce with your I-751 petition, you will get an RFE.  Good luck!

Edited February 28, 2023 by carmel34

[Stein 264]

12 hours ago, Sparkey said:

I entered the US on a K1. Got married in December 2021 and received my conditional green card in September 2022. Things have gone downhill (he is drinking more and we are constantly fighting) and I am considering filing for divorce. I know this will require a waiver and I will be using a lawyer. 

The marriage was bona-fide and I have the following documents as backup, but some bills only allowed us to put one name.

 

Will this be enough proof?

- 3 signed leases with both names

- 2022 taxes filed jointly

- joint bank account 

- joint health insurance

- joint car insurance bill under his name but both names shown on both vehicle policies

- credit card under my name with US spouse as the additional authorized user

- electric bill with both names

- internet bill with only US spouse name but me as an authorized admin on the account. 

- insurance policies listing each other as beneficiary 

- me listed as beneficiary on his 401k

 

Given that we've been married only 16 months and I've only had a green card for 5 months, will there be any issues?

Has anyone else had a similar issue and received the 10 year card without any issues?

Photographs of the two of you together at various places and significant events or holidays such as birthdays, etc.   I would suggest 3-4 pages with 3-4 pictures each with captions under each listing who, where and when.  Otherwise your documentation looks pretty solid.  Even with a short time together you should be fine.  You could also add afidavits, especially from members of his family that have knowledge of the two of you being together.  Normally afidavits don't hold a lot of water but in this case I would add them if you can get them from his family.

Edited February 28, 2023 by Stein

[beloved_dingo 1,939]

Your list is solid and others have given good advice on additional things to include. Just going to add that if you have any proof of trips taken together, I would include that evidence. Additionally, if you have any mail/cards/invitations that are addressed to both of you, that can be good evidence to include as well. 

[Letspaintcookies 2,234]

Just to add, when applying with a divorce waiver you don't have to wait the two years till you can apply. You can apply for ROC as soon as you have the divorce decree.

 

 

 

 

 

 

 

 

 

 

 

[TBoneTX 43,413]

14 hours ago, Sparkey said:

Thank you! 

Do you think it will raise any issues being that I've only had the green card for a few  months?

You're welcome.  

Nope.

[Sparkey 17]

On 2/28/2023 at 7:51 AM, mytruelove18 said:

Ok, can you get affidavits from family and friends that know about the situation? 

That can help too

I have an email trail between him and my dad where my dad confronts him about his drinking and he denies he has a problem.  Do you think i should include that?

[mytruelove18 607]

56 minutes ago, Sparkey said:

I have an email trail between him and my dad where my dad confronts him about his drinking and he denies he has a problem.  Do you think i should include that?

All can help

[Sparkey 17]

Looking for some stories from people who have gotten divorced while on the conditional green card and were successful at removing the conditions without any problems. 

I have a solid list of evidence (leases, bank account, insurance docs, beneficiary, pictures....) but would love to know what others have provided as additional proof. 

There is no physical abuse or anything like that. We're just not a good fit for each other. He doesn't want to go to marriage counseling. 

We've been married 14 months and I've had the green card for 6 months.