Divorce procedures after green card was approved and received.

[FolieADeux 3]

Hello,

 

I'm wondering if there are procedures anywhere for how to go about filing for a separation and divorce after one year? I live in North Carolina and even though my husband came over on the k1 visa and received his green card last year, I have discovered that he is abusing substances, I caught him lying to me and hiding things from me more times than I can count and overall he is not who he promised he would be and I'm done giving second chances and tolerating his behavior. He is fully capable of going back to his home country and as soon as he leaves the separation would begin, but I don't know how to make this official and notify USCIS of this, also within the state of North Carolina. If someone can give me any advice on this I would really appreciate it. Thank you in advance.

[mam521 2,895]

Follow divorce laws in your state and divorce him.  Looks like one of you has to leave and be living apart for a year, so I'd get working on that ASAP.  

 

Assuming your husband has a conditional, 2 year greencard, it's going to be up to him to provide what is required to remove conditions.  So, either he has to be in a bonafide relationship or he can file to remove conditions with divorce waiver.  If he chooses neither, he'll be put into removal proceedings.  

 

 

[Crazy Cat 46,142]

You need a good divorce attorney.  You have no responsibility to notify USCIS.  You are still obligated under the terms of the I-864 you signed.  His immigration path is in his hands.

[Dashinka 26,516]

I agree, this is more of a divorce situation, so if you are certain in that path, get a good divorce attorney and move on with that process.  As @Crazy Cat mentioned, you are still obligated per the I864, and will need to file an I865 for any address changes, but beyond that, any further immigration proceedings (ROC, N400) will be his if he chooses to or wants to stay in the US.

 

If you have hard evidence of potential immigration fraud, you can report that to ICE at Immigration.Reply@dhs.gov 

 

Good Luck!

[Boiler 48,626]

From an Immigration perspective there is not a lot for you to do, you ned a Divorce Lawyer

[FolieADeux 3]

Thank you all for your advice and instruction. I have never felt so defeated after all that hard work and really thinking I married someone who was going to be there for me. I am beyond devastated and don't know what to do with myself.

[mam521 2,895]

9 minutes ago, FolieADeux said:

Thank you all for your advice and instruction. I have never felt so defeated after all that hard work and really thinking I married someone who was going to be there for me. I am beyond devastated and don't know what to do with myself.

Big hugs.  Definitely not the life you thought you were getting! 

[Dashinka 26,516]

Sorry this did not work out for you.  It is tough going through all the hurdles required for immigration and then end up with a broken relationship.  Good luck with your future.

[TBoneTX 49,063]

Time heals all wounds, and time wounds all heels.

This too shall pass.  Hugs to you.

[rbv_shard 69]

14 hours ago, Crazy Cat said:

You need a good divorce attorney.  You have no responsibility to notify USCIS.  You are still obligated under the terms of the I-864 you signed.  His immigration path is in his hands.

@FolieADeux

Because of the I-864, your husband needs to leave the country.  If he does voluntarily, great.  If not, you may need to get law enforcement involved to document the substance abuse.  If illegal substances, that should crater any solo attempt at removal of conditions.  Once he abandons residency, your obligations end.  If he remains a US resident, your obligations continue potentially for his entire life.  You definitely should consult an attorney to protect yourself.