divorce while pending green card

[mistamista]

Hey guys, I'm new here and I have a question that is very very important to me.

To give you some background info, I'm in California and I am a foreigner from Europe. I married my wife last year, and we just went through the immigration interview, but some documents were missing, so I have to send that in.

The problem is, she is a complete psycho. We broke up before the interview, we are living at separate addresses, but I still have her address on all my bills to make it look like we are living at the same address. She is making my life a living hell with threats and emotional breakdowns, and I can't take it anymore. I want to file for a divorce, but is this possible since my case is pending? I do not want to leave, I own several businesses that are doing pretty well, and I am so happy here except for with the wife. I am seeing someone new, and I could get re-married if that is a possibility?

Any suggestions?

[AzBlk]

you have to get the divorce then cancel application and file a new one with your new wife. If you just stay with your wife until you get a greencard then get divorced you will have a very tough time removing conditions. The uscis may see it as immigration fraud earning you a lifetime ban.

[Indian_Citizen]

From USCIS view someone can not marry USC for the purpose of getting green card. It is just because you love them! Yes, you can get divorce and you can remarry someone after 1 month and can file another AOS. But your AOS interview will be tough.

If this marriage works, then you can go to AOS interview and get your card. Then you can remove conditions on it. It is tough but possible and matter of documents.

The worst possibility is meeting psycho second time also!!

There are more than 1% schizophrenics among all people. Plus some additional mental conditions!!!

[Jackolantern]

Originally Posted by mistamista

I want to file for a divorce, but is this possible since my case is pending? I do not want to leave, I own several businesses that are doing pretty well, and I am so happy here except for with the wife. I am seeing someone new, and I could get re-married if that is a possibility?

Even if you stay married until you get the green card, it's still a problem because you'll only get a 2-year conditional green card and you'll have to apply again in 2 years to get an unconditional card. So unless you think you can repair the marriage and hold on for 2 years, you need to divorce and find another way to stay in the US (including marrying somebody else, or the millionaire investor green card if you have that kind of money).

[elcupacabras]

What visa did you come over to the US on? If it was a K1/3, then the only way you can have a successful AOS is if you are still married to the original petitioner. If you divorce before AOS, then you cannot be successfully petitioned by another wife while in the US. Instead you will need to return home and apply for the appropriate visa. Of course, this information may be completely useless if you entered the States under a different visa, so we need more information from you.

[elcupacabras]

Originally Posted by Jackolantern

So unless you think you can repair the marriage and hold on for 2 years, you need to divorce and find another way to stay in the US (including marrying somebody else, or the millionaire investor green card if you have that kind of money).

Not necessarily true. The first hurdle is the initial AOS and receiving the 2 year green card. However, many many many people have divorced between receiving this and applying for their 10 year greencard and have been successful. The OP would need to obviously prove that the marriage was entered into in good faith, though if he got divorced immediately after receiving the green card then of course this would raise red flags. However, divorces DO happen to conditional residents and its perfectly fine for them to apply to lift their own conditions.

Though in this case, as the OP clearly does not want to be married to his wife, then I think it is a case of misrepresentation to AOS based on this marriage.

[mistamista]

Hey guys, I really appreciate all your input!

Some more info:

I was on an A-2 visa when the application for the green card started. Yes, I got married in good faith and we did have a relationship, but she did just not turn out to be the person I married after the marriage. Now she is just being plain evil and definitely using the situation that she knows that I would like to stay and that she can put a stop to that anytime she wants by filing for divorce. She has also mentioned that when divorce time comes, she will go after whatever I own...sigh.

Like I said, I own a couple of businesses, and I can take care of myself financially, but I just need this to end as quickly and painless as possible.

I do not want to stay married with her. And I mean, there is really no fraud going on here, people do get divorced, especially in California.

Should I hold out until I get the conditional green card, and then file for a divorce, or should I do it even before I get that?

Like I said, we did the interview and were okay, except for two documents that need to be sent to complete the registration, so I didn't get my conditional green card yet. The interview was only a couple of weeks ago, but I didn't send the stuff in yet, because I just want out.

[co.ador]

Maybe she is just threating you man, you have already gone to the interview and I think you are in the process. Like someone said before if you already applied and got the conditional GC then you already will have a taugh time to convince an AOS for a second chance. Good to an atorney he or she can help you out before your time frame of handing in the information they asked over. Remember you have to hand in that information within the timeframe they give you.

[LucyMO]

Originally Posted by Indian_Citizen

From USCIS view someone can not marry USC for the purpose of getting green card. It is just because you love them! !

love is not a prerequisite. Bona fide marriage is.

[khayyam]

Originally Posted by LucyMO

love is not a prerequisite. Bona fide marriage is.

The prerequisite for a bonafide marriage is love.

[Jackolantern]

Originally Posted by elcupacabras

Not necessarily true. The first hurdle is the initial AOS and receiving the 2 year green card. However, many many many people have divorced between receiving this and applying for their 10 year greencard and have been successful. The OP would need to obviously prove that the marriage was entered into in good faith, though if he got divorced immediately after receiving the green card then of course this would raise red flags. However, divorces DO happen to conditional residents and its perfectly fine for them to apply to lift their own conditions.

Notice that I did not say that the 10-year card will be rejected if the marriage doesn't last 2 years. Of course I know there are waivers and exceptions if things turn bad later. I was pointing out that for AOS, the OP needs to think the marriage is good enough to last 2 years because another round of proving will happen again in 2 years, and those waivers and exceptions are far from guaranteed. If one believes the marriage is already that bad that it can't last 2 years, it is harder to represent it as a bona fide marriage. And for those waivers there is a higher burden of proof to show the marriage was bona fide. Those waivers are last-resort options to try after things unexpectedly go bad, not something to plan for when you already know it's bad before AOS is complete.

[Triple Citizen]

That is a personal opinion, not USCIS's view.

Originally Posted by khayyam

The prerequisite for a bonafide marriage is love.

[Indian_Citizen]

Originally Posted by LucyMO

love is not a prerequisite. Bona fide marriage is.

Wonder why you marry some one? Please at least by USCIS view. Not personal views!!!

[Triple Citizen]

USCIS really does not care why people marry. All they care is that the marriage is bonafide and not entered into solely with the intent of deriving an immigration benefit. Note, the word is solely.

Originally Posted by Indian_Citizen

Wonder why you marry some one? Please at least by USCIS view.

[GotPR?]

Originally Posted by khayyam

The prerequisite for a bonafide marriage is love.

This world is much larger than you think. Look around and see the things without your bias.
There are a plenty of marriage happening without love in this world and they are considered being bona fide as well.

[Indian_Citizen]

Originally Posted by Triple Citizen

USCIS really does not care why people marry. All they care is that the marriage is bonafide and not entered to solely with the intent of deriving an immigration benefit. Note, the word is solely.

Good point. I did not know that. So according to USCIS someone can marry USC to any reason except solely for that benefit of getting permanent residency. Is that right?

[Triple Citizen]

Yes, also the marital relationship needs to be bonafide.

Originally Posted by Indian_Citizen

So according to USCIS someone can marry USC to any reason except solely for that benefit of getting permanent residency. Is that right?

[Indian_Citizen]

Originally Posted by Triple Citizen

USCIS really does not care why people marry. All they care is that the marriage is bonafide and not entered into solely with the intent of deriving an immigration benefit. Note, the word is solely.

So practically speaking, someone can say USCIS one of the reasons to marry USC is to get permanent residency, but that’s not the solely reason. Is that possible?

[ticher]

Originally Posted by Triple Citizen

Yes, also the marital relationship needs to be bonafide.

just hang in there , two years will be over before you know it , some times people go through hell in order to get their green cards , but when you do get it would be worth it , if you divorce now she is gonna go after your asserts anyway . so better you get your green card then worry about losing your assets to her later , just try to be nice to her for the time being

[Triple Citizen]

First tell me what is the exact USCIS question that prompts the applicant to answer as below?

Originally Posted by Indian_Citizen

So practically speaking, someone can say USCIS one of the reasons to marry USC is to get permanent residency, but that’s not the solely reason.

[Triple Citizen]

You advising me or the OP?

Originally Posted by ticher

just hang in there , two years will be over before you know it , some times people go through hell in order to get their green cards , but when you do get it would be worth it , if you divorce now she is gonna go after your asserts anyway . so better you get your green card then worry about losing your assets to her later , just try to be nice to her for the time being

[Indian_Citizen]

I am sorry. I was not at all advising to you. I read all your threads here and I know you have extensive knowledge about immigration matters. I just asked that information. In reality that’s doesn’t make any sense I guess.
But if some one loves a USC and he also wants to get permanent residency, can he tell both reasons in interview? If so they will approve him?
That’s all I wanted to know.

[Indian_Citizen]

Originally Posted by ticher

just hang in there , two years will be over before you know it , some times people go through hell in order to get their green cards , but when you do get it would be worth it , if you divorce now she is gonna go after your asserts anyway . so better you get your green card then worry about losing your assets to her later , just try to be nice to her for the time being

I guess it is very difficult for her to get any support from him in such as short marriage.

[Triple Citizen]

My last post was not addressing you, it was addressing Ticher.

Originally Posted by Indian_Citizen

I am sorry. I was not at all advising to you.

[trialanderror83]

Originally Posted by mistamista

hey guys, i really appreciate all your input!

Some more info:

I was on an a-2 visa when the application for the green card started. Yes, i got married in good faith and we did have a relationship, but she did just not turn out to be the person i married after the marriage. Now she is just being plain evil and definitely using the situation that she knows that i would like to stay and that she can put a stop to that anytime she wants by filing for divorce. She has also mentioned that when divorce time comes, she will go after whatever i own...sigh.

Like i said, i own a couple of businesses, and i can take care of myself financially, but i just need this to end as quickly and painless as possible.

I do not want to stay married with her. And i mean, there is really no fraud going on here, people do get divorced, especially in california.

should i hold out until i get the conditional green card, and then file for a divorce, or should i do it even before i get that?

like i said, we did the interview and were okay, except for two documents that need to be sent to complete the registration, so i didn't get my conditional green card yet. The interview was only a couple of weeks ago, but i didn't send the stuff in yet, because i just want out.

wait.....

[ticher]

Originally Posted by Triple Citizen

You advising me or the OP?

sorry I was advising the OP