maybelle

If that's the case I won't be able to file my naturalization til our 3rd year anniversary next year

Hello everyone! I came here in the US through marriage to a US citizen, with a CR1 visa, but before I was able to get my permanent GC my ex filed a divorce. Shortly after that I receive my permanent GC, I filed on my own. To cut the story short I got re married to a military guy, we've been together for two years now and 1 child. It's been 4 years since my first entry to the US, my question is am I already eligible to apply for Naturalization? I read that after 3 years I can already apply provided that I am still married to the US citizen that petitioned me from the Philippines. Please correct me if I'm wrong, that's just how I understand it.

Hello Everyone,

i'm asking once again for your expertise, I really appreciate what you guys did for me. I learned a lot in this forum. To begin with, my ex husband and i been separated for more than a year,and he filed a divorce in february and was finalized on May. So I filed my I-751 and waiver of Joing Filing w/ my ex-husband. I also submitted a copy of our divorce decree, and all the documents and evidences that our marriage was entered in good faith. Which I know i did the right thing, because our divorce wasn't my fault at all. He cheated on me, and chose to be with the girl, for those people that were my friends in this forum already I'm sure you guys know the story. To make the story short, while I was separated and I'm in the divorce process I met a guy in the wrong time but the right place. i understand that my boyfriend at that time can't help me at all with my immigration issues, and I will have to face that myself. But because of his deployment issue came up he is in the military, he didn't want to leave me alone with no family, money and even support. We got married in June, a month after the divorce was final. So when i filed my i-751 my name is already undey my new husbands last name. I submitted all the necessary documents to support that the marriage was entered in good faith and evidences of co-mingling. i got my 1 year extension and did the biometric already. Just recently I receive a letter of RFE. Upon reading it, they are asking evidences of residency, good gaith marriage and financial statements and eveidences of co-mingling. I am certain that i already submitted those along with my I-751 form, so now i am confused if they are asking for the currents bank statements and proof of residency with my husband now or from my previous marriage. Because i only have a limited paperworks from my ex husband and whatever I have I already gave to them and still yet they are asking for. I am really confused and running out of time because we will need to relocate to Europe with my husband as part of his job. And i am afraid i coudln't enter the US anymore.

Thank you guys, I will wait for the divorce decree to come out then. I called the family court today and asked for the status, and they said that probably at the middle of this month the courts will release the decree. I read in the I-751 that with my case I have to be represented by a legal counsel before i send the document to the USCIS. Does it really necessary?

My 90-day window started March 26 and expires June 26, 2011. I haven't filed my I-751 yet because I am waiting for the divorce decree to come out. It's been 8 weeks since we filed but until now there is no result. Please advice me if i will just file the removal of condition without my divorce papers?

I will start filing on March 27th, that's the start of my 90 day window. Thank you so much for your reply. It is really a big help.

Him filing is great news so you'll be able to get the divorce recognised in the Philippines.

Have a read of the I-751 documents. You'll see it talks about the divorce stuff in the instructions. The waiver isn't actually anything separate, its just different documentation.

As for when to file. Wait until you get the decree seeing you think you'll get it soon, but prepare your documents so that you can send a photocopy copy of it with your package as soon as you get it. I personally would try and send the package no later than a month before the deadline... that way if it's rejected for any reason and needs to be resent you won't miss the deadline.

just an update, my ex filed a divorce and they said the processing is 6-8 weeks the the divorce decree will be sent to us. But the 90days window to adjust my status starts on April 1,2011 because my GC expires on June 28,2011. Should I wait for the divorve decree to file the ROC? Someone advised me to get a ROC with a waiver, I don't know where to get the divorce waiver, or is that the same as the divorce decree? I wanna start to do it on April 1 but I don't know where to start. Please help me.

That is not true. You only get a one year extension if you file removal of conditions within 90 days before your 2-yr greencard expires and it was received by USCIS and you get the NOA1.

I would say, divorce him right away, then file removal of conditions with a waiver, not joint with him, within 90 days prior to GC expiration. If your divorce isn't final yet, you will get an RFE for the divorce decree and that will give you time to get one thing done, which is finalize the divorce and move away from him as much as possible. Doing it jointly, with your ex's help is fraud. You can do it on your own without an attorney, alot of helpful guides here in VJ and VJ users, just have to do your reading and research then will save you alot.

If you are currently petitioning or co-signed to bring some of his family here(maybe more information on this? Is he a filipino naturalized US citizen? Who is he petitioning? What relation to him? parent, siblings? As far as I know LPR, cannot petition for family members except immediate relative, like husband/wife or children under certain age.) If their paperwork is processing, the best you could do is inform them that you will be divorcing and that you would like to withdraw the AOS petition, but not sure if you will be out of the binding contract with them once the family gets approved.

I still have everything with me, our income tax returns, joint lease, bank statements here in the US and in the Philippines, credit cards and other bills. I think I don't have a problem proving that we entered marriage in good faith coz he is my childhood sweetheart, we were engaged for two years before we get married. I also have evidences of him cheating on me like pictures and e-mail messages with the girl, plane tickets visiting the girlfriend and know some people who knew about their relationship. Are those relevant? I also have some doctor's record with depression and anxiety before when I'm so in love with him and I can't get myself to move on. So shame to admit but I almost killed myself before, I had some help and encouragement from the Domestic Violence hotline and started to attend theraphy.

Will your boyfriend loan you the money needed?

He is more than willing to help. but ofcourse if I could do it on my own then it will save us a lot of money.

Thank you! That's a relieve, coz no matter what he is going to file a divorce. I'm just concern, what to do after the divorce. From what i know, after my GC expires on June, i will be given 1 more year to stay in the US and adjust my status to permanent GC. one lawyer told me to help me, but he's asking for $3000 charge and telling it is difficult to do and once i did it wrong I might be send back to the Philippines. i wonder if I can do it on my own, without the attorney's help. i have no way I could provide that money, eversince i left my husband i took care of myself here with a minimal income because I was only here for two months when I discovered he is having an affair, and that's when he started abusing me,i only have enough for my bills and needs. I actually even think of going home to philippines, coz definitely Hawaii was not a land of paradise for me just like some people say, but since I met my boyfriend he helped me out a lot to move on.

First of thank you for your reply. When you said start from scratch - does that mean i had to go home and he will have to petition me?

And about the AOS for his family, that's really good to know coz my ex is like so sure now that even if he divorce me he still wins coz i already signed the AOS. He's back to threatening me to divorce me again. he was just being nice before to get my signature and bank statements. It's hard to believe buy yeah people like him do really exist!

Moving to Removing Conditions forum.

Thanks! So it would take barely 4 months to process for the removal of conditions. That's something to know. We might have a difficulty though coz there was a divorce filed back in April, they might interview us.

Hello everyone, just an update of what's going now. I have good news and bad news. And I'm hoping that you can help me again or throw me an advice or share your thoughts and knowledge. For those who don't know that story please refer to this link

http://www.visajourney.com/forums/user/73934-maybelle/

Me and my husband didn't work it out, until now he is still with the girlfriend and continously visiting her in the philippines every six months. So back in march 2010, i left him and went out on my own, which gave me a peace of mind.we agreed that he will still help me file my resident visa as joint to remove the conditions, but in april he filed a divorce which he eventually cancelled it because he just learned that it will be difficult for him to petition his B!tch when the time comes. In June, I met this a guy, became my friend and confidante he knew everything about me, after few months of dating, we started to take things seriously. And on February 14,2011 he proposed to me. At first I was hesitated to say yes, but I love him and I really wanna be with him. But I'm worried about my visa it will expire on June 2011, It's a 2 year temporary visa based on Marriage. I wonder if we can file for a divorce before my visa expires and my boyfriend can marry me. We've been really eager to know what are the possibilities that we can do this. We are so much in love and we don't want as much possible to be separated for a long time. God has been reaaly good to me, after what had happen to my marriage, He gave me this guy who accepted everything about me. We have 2 options, either i will obtain my Permanent GC first through joint petition with my ex since we're not divorce yet,(that was the original plan, but when my BF proposed it was all changed). But my ex is really a difficult person, he even forced me to sign a Affidavit of support for his 8 family members to come to the US. He said if I wont sign he will not help me get my permanent GC. That's the part I wanna skip, to have nothing to do with him anymore. I told him about my relationship with my bf and how we plan to do the divorce and my ex said, I don't want to do the divorce if my family's visa application will be affected. He is such one selfish mother effer who's only thinking about himself and his family. Another option is, My ex and I will file a non-contested divorce and after few month I can get married. My BF is in the Airforce, his officilas are telling us maybe it's easier for me to get my GC once I'm married to him. But I wanna know what is the rulling on the Immigration first. Please I would really appreciate it if someone can share their knowledge with us.

I am a pinay too. But sad to admit some of the pinay girls enter in the US for visit visa just to find someone who will marry them or someone just to meet people who will eventually can help them come back to the US. I should know that because I was a victim of that. Technically yes, because my husband met this cebuana girl who has a visit visa here and then all of the sudden my hubby decided to go home to philippines just to see again this little #######.

well karma is #######! what goes around always comes around!

Without even touching the issue of stereotyping, I haven't seen a single case of a Chinese fraudster here on VJ yet. Have you?

What we encounter here often is cases where spouses of immigrants from the Philippines, the former Russian Empire, and, to a smaller extend, Nigeria report problems.

That's not to say that the same doesn't happen with people from other countries. Of course (!) there are good and bad people in every country of the world, no matter the geographical location, gender, race, or sexual orientation.

But it's fair to note that the Philippines is among the handful of countries that are over-proportionally presented here when it comes to "issues."

If he has no sympathy for pinays who scams USC, i have no sympathy for chinese who scams people by putting poisonous chemicals on baby food, toys, and a lot of other stuff just to make money. You want a case of evidence, try watching world news.

I don't know dear, coz if I am, why am I not enough for him.

Maybelle, you are beautiful. His loss, not yours. You deserve someone who will treat you better.

Hugs to you

just an update:

I finally told my husband's parents what he plans to do after 2 years, that he wanted to divorce me. But as I expected it they took the side of their son, They even told me why wait for 2 years, they encourage their son to divorce me now and deport me to the philippines. And the parents started talking trash on me that was sunday night they wanted me out of the house already. I was really crying, because I cannot take anymore what they telling me. They became so rude. They hate me because I was accusing their son without any proof? #######! what proof they need? its their son who admited it, the only problem is he doesn't want to admit it to his parents. I went to a catholic immiigrant center yesterday to have an advice & counseling. They advice me to file for VAWA coz obviously what happened to me is already a domestic abuse. Not only my husband but from my inlaws. Right now i'm scheduled for a psychology doctor to document the domestic abuse.

We are planning to move out in my inlaw's place now because I cannot live with them anymore especially how they are treating after the fight. I dont feel any love anymore, and I could always hear them talking trash about me. It is even harder now, he is planning again to go home to philippines to visit the girl again. that's why he wanted to move out,so his parents wouldn't know. he is using me to get away from his parents. I know it will be harder for me but I cannot tolerate my inlaws anymore. Their son is enough to give me heart illness already. And maybe a good opportunity for me to have a lease together to prove in the future that we are married in good faith. Coz he never carried me to his tax, insurance & bank accounts. I guess he has someone advising him to.

Thanks bertie. What upsets me most is she's even a filipina. Anyway thanks so much for the support.

Upset? poor decision? Do you know what is sacrifice means? My mom has to-because I have to follow where my husband is based. I cannot just throw the blanme on my mom on a decision that I made for my life. This is my mistake that is why I am seeking advice & honestly I have no more room for blame now.I have enough already.Because If i want to.. I have lots of people to blame but i chose to stay in the problem and find for solutions. Sorry but i'm just pissed off with your comment. And even a 3 year old kid know that canada and USA are 2 different countries...

thank you so much but if I go home i'm afraid I will banned to come back here in the US. And One thing more my family is in canada, before my approval for my visa to US my mom cancelled her petition for me to go there so there wont be any conflict in my US visa application before.

Major mistake on you mothers part.

You should also be upset with her for making such a poor decision.

Canada and USA are 2 different countries.........

You have to ignore THAT one...he likes to stir things up and upset people just as he has upset you. I hope you can forget his immature comments. You show more maturity than some on here...and I wish only the best for you.

Upset? poor decision? Do you know what is sacrifice means? My mom has to-because I have to follow where my husband is based. I cannot just throw the blanme on my mom on a decision that I made for my life. This is my mistake that is why I am seeking advice & honestly I have no more room for blame now.I have enough already.Because If i want to.. I have lots of people to blame but i chose to stay in the problem and find for solutions. Sorry but i'm just pissed off with your comment. And even a 3 year old kid know that canada and USA are 2 different countries...

thank you so much but if I go home i'm afraid I will banned to come back here in the US. And One thing more my family is in canada, before my approval for my visa to US my mom cancelled her petition for me to go there so there wont be any conflict in my US visa application before.

Major mistake on you mothers part.

You should also be upset with her for making such a poor decision.

Canada and USA are 2 different countries.........

I got all you point and thank you so much. I really appreciate it. Right now, i cannot file a divorce honestly I have no financial resources now to involved myself in such situation. I hate to see myself that i cannot do anything about it. But I'm praying & hoping that a miracle will happen, it may not be my husband repenting from his sins but at least he would keep his promise to support me until I get my PR. The only thing is I have to bear with him and keep my mouth shut to everything that he is doing. It's really hard to see him everyday, he pretend like he cares infront of other people but when we get inside our room he treats me like ######!!! Which I really dont deserve to be treated that way. I'm really dying to see this girl he's fooling aound with- maybe she is way prettier than me or whatsoever!!! She may be but still she's a ####### to have slept with my husband. I dont despise my own race but honestly I hate this cebuana girl. I wonder if all of their kind are like that. Because my bestfriend here in honolulu said his boyfriend for 5 years left her for a cebuana girl too! Damn! Sorry to all cebuanas out there but this 2 girl from your town really sucks!!!

To loveaboo i wish its that easy to convince my husband to start all over again but he said he will only make his decision once, and its done already. I always back-off and bite my tongue whenever we're arguing. Of course when you're suspicious and you wanna know something you have to ask. But when he starts to shout I keep quiet already.

they say I'm still young, that's why.. I'm too young to have to go through all of this in a foreign country without any close relative. I'm trying to be ok, strong and staying sane. Work has always been my saving grace for the past weeks.

NM

"Hawaii is a no fault divorce state, meaning there are no fault grounds for divorce under Hawaii law. You can obtain a divorce in Hawaii based on one of two grounds: living separate or an irretrievable breakdown on the marriage. To qualify for a divorce based on living separate, you must meet the following criteria:

1. The parties have lived separate and apart under a decree of separation from bed and board entered by any court of law with competent jurisdiction, the term of separation has expired, and no reconciliation has been effected;

2. The parties have lived separate and apart for a period of two years or more under a decree of separate maintenance entered by any court of law with competent jurisdiction, and no reconciliation has been effected; or

3. The parties have lived separate and apart for a continuous period of two years or more immediately preceding the application, there is no reasonable likelihood that cohabitation will be resumed, and the court is satisfied that, in the particular circumstances of the case, it would not be harsh and oppressive to the defendant or contrary to the public interest to a divorce on this ground on the complaint of the plaintiff.

(My husband wants to go to the philippines to study next year, so will that be considered as separation? will this affect my status here, because the USCIS specifically instructed us before that we are suppose to be together for two years.)

Please advice me coz i'm confused

1) Someone advice me to do diary and have a record of all the things that is happening especially the mental and emotional abuse that he is doing. Then I can use it as my defend when he files the divorce coz i'm not gonna file it so it will be at his cost. The only ground that he can use is irretrievable breakdown on the marriage, if he can prove it. That is why I have to document it that we are getting along, that its him who is rejecting & resentful to me. That he only wants to get out of the marriage because of this other girl. There might be a possibility that his petition for divorce will be dismissed, but what if we really cannot fixed it anymore? Because I will never sign the divorce papers willingly like it was our mutual decision. If he will insist the divorce what is going to happen? If they find out that this other girl is involved will she be banned in coming here in the US for destroying a marriage? She has a visit visa here. I know its sounds revenge but truly she deserves it. She knows for a fact that my husband is married. That's adultery and i wanna make sure she can't get away with it even if it will result to imprisonment for both of them.

2) Or should I just go on with the flow, pretend that we are getting along, so in the future he would have no reason/ grounds for the divorce. And prove that we are married in goodfaith. Because he promise to support me until 2 years til I get my PR, just pretend & show to our parents that we are getting along. But he keeps on changing his mind that's why i'm worried.

I don't think that is true. If you are granted a U.S. divorce, that is the end of the matter and you are free to remarry here in this country.

Old Dominion,

They got married in the Philippines. If the USC filed for divorce, then it would be recognized by the Philippines government.

If she wants to file, it should be an annulment in the Philippines. Its the Philippines law.

If she got married here in the US, she could file for divorce.

Yes she could file for divorce in the US, however it will not be recognized in the Philippines. Then, being a citizen of the Philippines she lacks the legal capacity to marry again in the US or elsewhere, as she is still under the laws of her own country. It would be an unconscionable decision by any family court outside the Philippines to grant a Filipino a divorce as a Petitioner and a citizen of the RP. Family court is conveniently ignorant of foreign laws, and has no jurisdiction over immigration matters.

Once all your valuables have gone missing, joint bank accounts drained, phone calls made to every phone number in your house in an attempt to destroy you, as well as valuables destroyed and threats, false accusations, and visits by the police face a man on a daily basis, it is not long before he will start the divorce himself.

Some will take the risk in playing out the above as they have nothing to lose.

hi Nate! i'm sorry to hear about your troubles. we have the same situation right now the only thing different is i'm the immigranr and my USC husband is having an affair. if you have time read my post here's the link http://www.visajourney.com/forums/index.ph...=220524&hl=.

It was really hard especially if you love your spouse so much. A lot of people are telling us we should divorce our spouses but to be honest there is something somehow is holding me back coz i am still hoping we could work it out. But should you do if the love is one-sided only? What I am waiting right now is a miracle that my hubby would someday wake up and love me again. I am only 25 but I have already pictured myself to grow old with him, and it was like I woke up from a beautiful dream realizing that our relationship is really falling apart. Going home & give up my residency here is one of my option but I wanted to fight for my right too. Its the least thing I can do to pick up all the pieces that he broke. I hope you well, pray & have faith. God will take care of our oppressor. I know that he's cheating but I dont have any tangible proof too.

Hey

To make the long story short, my wife an I got married 8 months ago. I find out she has been cheating on me for many months now, with 3 different men.

Now she wants to get a divorce and live separately. She also wants to stay in America.

I feel like she may have used me to get here, because how can someone newly wed cheat on their husband with 3 different men and care about her husband at the same time?!!

I am torn into pieces by all this. I do not want her to be able to come into my life, immigrate fully at MY cost, sleep around with whoever she wants, tear my heart apart, then get a free ticket to America after it all.

I told her I am willing to try to forgive her and give her a second chance, and I told her that 3 weeks ago. At first she didn't know what she wanted, then after being talked to by my family she said she would like a second chance (but I never really felt she meant it, like she's even sorry about what she did).

Now, 3 weeks later, she is telling me she doesn't want to try to work it out because she's not in love with me anymore.

Is it really likely that she can get her free 10 year green card even though she is the one who destroyed this tmarriage? I don't want her to get her 10 year green card if we do not stay together. That is total abuse and is unacceptable. Right now she is a conditional permanent resident who entered on a K1 fiance visa. I heard that the only way to remove the condition is to stay married for 2 years.

Thanks for the help and support.

We got married in the philippines. may 28, 2008. he is my childhood friend before he moved in to hawaii in 2003. I know the girl knew that he has a wife, because when i was trying to talk to the girl she hang-up the phone. Meaning she's avoiding me. My problem now is that I dont have any tangible proof that he is cheating. I dont even know the girl's name. I only know she's 21 year old cebuana. you think I can enforce the AOS without my evidence. But I have proofs that we married in good faith. Though some of the conditions is we should have a child & own a property together. We're only married for 17 months so we do not have any conjugal properties yet. Tha't what i'm worried about. If i file for a divorce, what would be my grounds? if i say he's having an affair am sure they will look for my evidence. obviously my husband is a player he is really secretive. tsaka lang cya umaamin pag nahuhuli ko na. I know the girl is coming again next year here in hawaii because she has a US visit visa, I'm waiting on that time to spy on them but i dont think I can still bear with him until then. I really hate the way he's treating me, I know I should not pity myself but the way he's treating me i couldn't help to.

Sorry to hear this story... have faith.. and hope everything went well...

Just pray..

where did u get married?? here in the philippines??

that girl from PI did she know that her BF is married already?

I PM u.. ready my message..

yes he is a ilocano asss. CR1 visa is a conditional 2 year green card given to someone who is married to a USC with less than 2 years of marriage. Meaning in 2 years time the immigration will time to time observe us for two years if the marriage is entered in goodfaith. I am staying somewhere in Kalihi. Are you ilocana too? thanks!

i live here in honolulu.where do you stay? is your asawa a pinoy too? ilocano? Im not familiar with CR1 however have you filed for AOS? or do you still need to file it? i thought that you came here as an immigrant through CR1? Could you enlighten me?

we are married in good faith. I have proofs that we are. but I dont know what should I do first.

Sounds like you married him "with good faith" so if you guys divorce you can remove conditions as soon as the divorce is final and get your 10 year GC if you want to stay in the US.

Right now I have few friends who are willing to take me for a while, I'm working already, thank God. But I'm afraid I might get in trouble with the USCIS if they find out I am not living with him anymore. I thought of going back to the philippines already but i don't want to mess my status here and cannot come back anymore at the same time i want to fight for my right and start all over again. but for me to be able to do that is start where the problem is, even if it will take time or cost me anything I would for myself and will be able to find all the pieces that had been missing eversince he broke my heart. I dont want you to take this as a revenge but he should get what he deserved and will be a lesson too for all those who cheats their spouse but still have the guts to threaten them.

This is a sad story, but not so unusual, apparently. Unless you already have friends in Hawaii, is there any reason to stay here? If you do have friends, can you go stay with them until something changes? After all, you are legally entitled to stay here for nearly two years.

Yeah I am hurting constantly because I still love him despite all these. And it breaks my heart to see him having a communication with that girl. And he is planning again to visit her january next year. he is really torturing me emotionally because he knows that I love him. Thank you anyway for reading my concern. Somehow it eases the pain when you voiced out your problem. Because he wanted to keep this as a secret especially to our parents, he threatened to leave me on my own if i will tell them. he is so childish.

I am so sorry to hear about all the issues... I know your heart is breaking... However, as my personal opinion, if you are in the crucial beginning stages of your marriage and the trust and love is so easily thrown away on his part, it is very difficult to retrieve. And you should be thankful that you did not have a child in this situation as it would be terrible to have to go through this with a new baby....

As far as divorce, Hawaii is a no-fault divorce state, which means you cannot legally prevent him from filing for divorce. If you contest it, it is over division of assets, spousal support etc... This could get messy and expensive with lawyers...

I cannot advocate committing fraud but personally, I would think that it would be terrible for you to be held captive by a new girlfriends whims and moods....

My heart goes out to you and I hope for the best for you!!!