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Posted

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.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

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.  

 

 

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

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.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

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!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: K-1 Visa Country: Wales
Timeline
Posted

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

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted
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! 

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Filed: Citizen (apr) Country: Russia
Timeline
Posted

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.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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