NikkiFromCanada

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

Thank you. I've been in therapy since I left him. I found the forms I need to fill out to renew my Green Card with an abuse waiver. I appreciate you responding!! 

I never in a million years imagined I would be writing this, but here I am. I am from Canada and my American husband and I have been together since 2014. We did long distance for 4 years before starting the K-1 Visa process in 2017 to bring me to the USA. I moved to the US in July 2018, from Canada. We got married at the courthouse in the USA in September 2018. A year later (October 2019) we had a huge wedding (for my family & friends) back in Canada. Since March of this year (2020), after many major disagreements, and trying hard to make it work, we finally accepted the fact that we are not compatible, we want to live two completely different lives (he is extremely antisocial, negative minded and draining to be around) and the marriage is just not going to work. He has also been extremely emotionally & verbally abusive which has taken a massive toll on my self-worth and happiness (things I overlooked because I was blinded by love.) Due to Covid, and trying to be financially responsible, we remained living together from March-October, strictly as roommates. I moved out on October 31, after an altercation where he audio recorded me in the home without my knowledge while he was at work, and he became extremely aggressive verbally, throwing my things around. I have a job, and a car, and can financially support myself. My two-year conditional Green Card will expire in July 2021. 
 
My husband has been recently threatening to tell USCIS that I frauded him for a Green Card and says he will have me kicked out of the country. I have lots of proof that this marriage was real, and that I loved his man. Four months AFTER I received my Green Card, we had a huge wedding back in Canada, which I paid for myself. I have paid for renovations this year to his home in preparation to sell, we had hired a realtor in the beginning of this year when we were house hunting for a new home, etc. There are many things that prove this marriage was real, and I really thought it would last forever. I was very much in love with this man until I just could not take the abuse any more. In fact, I was blinded by love. I really do not want to file any paperwork as an abused spouse. I am afraid he will find out if I do that, and I don't know what he will do. I don't want any drama or bad energy, but I do not know what my options are, and what I need to do next. I have a feeling he is doing research, and is going to try to delay the divorce, as he has already told me he plans to try to have me kicked out of the country. I am absolutely sick to my stomach over everything and I really do not want to hire an attorney if I don't have to. I am on a strict budget now as it is very expensive in the area I live in. This forum has helped me tremendously in the past, so here I am again. We do not have anything formal, in writing stating that we are separated, but I have my own place and I am no longer living in the home with my husband.  My conditional Green Card expires in July 2021. What are the next steps I should take and when? Thank you in advance for any insight or assistance. 

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

You have a conditional greencard you are fine!! File the divorce waiver... Canada is low fraud so as long as you entered the marriage in good faith you are fine! If Mohammed from 90DF could file a divorce waiver and keep his conditional gc you won’t have a problem lol divorce and move on. 
 
also almost every spouse utters the “you used me for a green card” abuse. This is normal and something uscis has heard numerous times before! It’s very common.

am in the same situation as you are, only thing is I am a husband and in Maryland as well. My naturalized wife has been very physical with me, threatening verbally and physically. And has now reported me to USCIS making false charges about me smh

You just narrated my story. The only difference is you don’t have enough time since July is about 8 months from now. Here’s what I did- 
1) Gathered all evidence I thought I would need (every single thing) 
2) prayed. 
3) Met with a lawyer 
4) Filed for Divorce (if you don’t have any kids and don’t want anything from him, this process should be uncontested and faster depending on your state)
5) file when it’s time - 90 day window -With waiver. You will need your divorce decree - now if you don’t have your decree by then, still file and send the decree after ( speak to about this)
 
I filed in August and I am hopeful my case will be approved. I sent over 100 pages of evidences .
Goodluck 

You do have the option for an abuse waiver option on the i751, if you have proof of physical abuse or extreme physical abuse. If for some reason a divorce is not available you can file based on abuse without your spouse's participation. 
 
With both i751 waiver cases you will still need proof your marriage was in good faith that you shared finances and live together, tax  returns, joint bank statements, joint lease/mortgage and so on, so collect as much evidence for your case as you can.
 
Divorce waiver is easy to prove, you just need divorce along with bona fide marriage proof.
Abuse waver harder to prove you need to have proof of abuse along  with bona fide marriage proof (divorce not required).
 
File the i751 case that make sense for you  do not allow your spouse to control your  immigration process.
 
Good luck to you.

Information which may be helpful:
https://www.mdcourts.gov/legalhelp/domesticviolence

Nikki, you can FILE the I-751 without the divorce papers.  They'll just hold on to the decision until they get final papers.  Go ahead and file for divorce, and THEN file the I-751 waiver.  Your final papers might come through before the end of the process anyway!!!
 
Good luck, and I'm sorry things did not work out.
 
Sukie in NY

Er... if you file a divorce waiver 751 without enclosing a copy of the divorce decree they WILL immediately RFE for it (which at present may be within days, or it may be months, but it will absolutely happen).
Don’t supply it within 90 days? Denial letter, probably NTA and court hearing down the line , and ultimately having to file and pay for a fresh one anyway.
 
Unless you are confident you can have the divorce done and dusted in a matter of months, hold off filing it until done or you are close to being done. 
There isn’t any rush to file it, other than to get ahead of the obscene waiting times. 
 

In just two years? Wow you rock!

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

You definitely should find a way to speak to a lawyer about the divorce. It could save you a lot in the long run. I'm not familiar with the marriage law for the state where you are located, but I suspect that while your husband can drag out the divorce, he cannot drag out a separation if you just go ahead and file that, with a restraining order to maintain your physical and mental safety.
 
As others have said, he has no power to get you removed from the country. He does have the power to give fraudulent statements to USCIS and get himself into a lot of trouble if he is caught.

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

Then you fight like hell to keep it!

Good luck with everything!

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

1) Look after YOU - emotionally and physically.
2) Divorce. 
3) File your I-751 checking the divorce waiver box - you do need to have a final divorce for a waiver filing to be approved. You can file it without the final divorce but they will ask you to provide it and when you can't it will cause you a load of issues, so best to get the divorce ASAP and file immediately upon receipt.
It is important to note that you can file a waiver I-751 at ANY time - if you had the divorce decree in hand you could do it today, or you can do it any time after expiry of your 2 year card prior to an immigration judge order of removal. 
The strict 90 day window is only applicable for 'regular' joint filings. 
I would suggest you don't mention nor discuss immigration matters with him any more. 
He is not involved in a waiver I-751 process, nor will be called to any interview you may have.
4) Now, this is not to say your ex may not try to screw you. Mine certainly did, in a devious and frankly scumbag way, which DID cause a denial.
I refiled with a divorce waiver, and back to waiting. Still  a permanent resident, still legal, can still work & travel, and have rights. 
It is a disgrace that many ex spouses can think that someone they brought over can be returned like an unwanted amazon package if it doesn't work out.
5) Divorce is not a reason for I-751 denial. It is adjudicated on the evidence of bona-fide-ness provided. 
6) See 5)
 
 
Bottom line, protect yourself, and try not to stress too much. 
 

y'all will be fine. I was divorce as well when filing for ROC. as u already said gather as many evidences as u can. when submitting your package write a letter explaining what happened and the reason why u divorce hopefully you are not at fault even if you were at fault it wouldn't matter USCIS knows that happened. file the ROC with a waiver of course. Do not hire a lawyer or ask advice to one they most likely going to scare the outta you so you hire them. my situation was more complex since I had a misdemeanor in my record. but  they still gave me my 10 years gc. and about traveling hell yeah you can travel as long as GC not expired.  DO u have joints taxes return record ? if not explained in your letter why u don't have it. any important evidence you do not have explain why you don't have it. better come clean the first time than receiving a RFE asking for what missing.

Hello fellow Canadian! Thank you for your post. I read your postings as well and I am so sorry you are experiencing the same. Divorce sucks. It's been 3 weeks and I still couldn't function every day without shedding a tear. Sometimes, I wake up happy and fine, and just suddenly at random times of the day, I feel an extreme sense of sadness and loneliness. I go to therapy now because I needed someone who listens to what I am feeling without judgment. I hope you are doing okay, and as what everyone says, "It's going to get better". I do sometimes think of just going back to Canada. I get anxious and tired at the same time thinking about the future and the uncertainty of being able to stay in the US. 
I wish you well and if ever you need anything, let me know.