I've brought my wife to the US on a fiance visa and we've been married for a year. It became painfully clear that she only married me to come to the US and she is not in love with me like I was with her. Few months ago she received her conditional green card. I want to divorce her but I found out that it is very expansive and time consuming. I thought about just not filing form I-751 with her when the 2-year anniversary approaches since, as I understand it, she would be required to leave the US. Or may be filing for divorce right before 2-nd year anniversary? Has anyone been in this situation before? What would you recommend as the best course of action?
Best Timing for Divorce
- Thread starter kirsimkin
- Start date
Atlanta_Brother
Registered Users (C)
The sooner the better
kirsimkin,
I don't know the exact story behind it but if your story has some reality and she married you just to obtain this GC, I would divorce her right away. Why I say that is coz the sooner the better. Better for you, worse for her. If you do it right away, it will look obvious that she married you for GC and within a year you two got divorced. If you delay this divorce process, she may be able to get her way to convince and obtain a 10 yr card in the future and get that 2 yr restriction removed, so my thing is.....why wait. JUST DO IT.
kirsimkin,
I don't know the exact story behind it but if your story has some reality and she married you just to obtain this GC, I would divorce her right away. Why I say that is coz the sooner the better. Better for you, worse for her. If you do it right away, it will look obvious that she married you for GC and within a year you two got divorced. If you delay this divorce process, she may be able to get her way to convince and obtain a 10 yr card in the future and get that 2 yr restriction removed, so my thing is.....why wait. JUST DO IT.
Since I don't know the true story around about why you consider she does not love you anymore (e.g. you know for SURE that she is with another person or found an email about that situation, etc etc) I will be conservative, sorry is that bothers you but I have found in several relations that even something like "I won't have a child" means to somebody that means the spouse does not love the other...which can be argueable. Now you don't have to tell me your personal situation...just a thought.
Now, why to prolongue the agony? Is that good for you? I don't think so. Let it be. If you are sure that she does not love you anymore and show it with actions and words...then I guess is better if you move on. Hurt but that's life. Wouldn't be better now than later with more financial, emotional investments done? Think about it.
With a divorce, now or later, she still can apply for the removal of the conditions by herself. And to have a divorce after a year of marriage (that is almost normally after the permanent residency is granted) does not mean that is look "obvious" that she married you for the green card, will all depends on the proof that she can show. And will be in her, not yours. Will be in her to demostrate that she did not marry you to avoid the immigration laws. And believe me, does not matter how are the family laws in the state you are...nobody can continue marry with a person that does not want. If there is nothing to fight for e.g. financial obligations in both names, children...then even she can file for divorce (and she has two years to spare) and even if you want to contest, a judge won't get that much fuzz if there is nothing in between like children. Unless in the state you are, a two year separation is needed or other major requierements.
So again, think about it. It's true, you are hurt and that's normal...but now instead to think about what she might do or what she did or what she does...start thinking about you, what you want and what you going to do for your own health.
Now, why to prolongue the agony? Is that good for you? I don't think so. Let it be. If you are sure that she does not love you anymore and show it with actions and words...then I guess is better if you move on. Hurt but that's life. Wouldn't be better now than later with more financial, emotional investments done? Think about it.
With a divorce, now or later, she still can apply for the removal of the conditions by herself. And to have a divorce after a year of marriage (that is almost normally after the permanent residency is granted) does not mean that is look "obvious" that she married you for the green card, will all depends on the proof that she can show. And will be in her, not yours. Will be in her to demostrate that she did not marry you to avoid the immigration laws. And believe me, does not matter how are the family laws in the state you are...nobody can continue marry with a person that does not want. If there is nothing to fight for e.g. financial obligations in both names, children...then even she can file for divorce (and she has two years to spare) and even if you want to contest, a judge won't get that much fuzz if there is nothing in between like children. Unless in the state you are, a two year separation is needed or other major requierements.
So again, think about it. It's true, you are hurt and that's normal...but now instead to think about what she might do or what she did or what she does...start thinking about you, what you want and what you going to do for your own health.
Canuck_in_Cali
Registered Users (C)
I say do it now. Don't let her be able to rip off the system when there are others who are eligible and whose process is getting bogged down.
austriacus
Registered Users (C)
From her perspective, technically a soon divorce is better in terms of removing the condition by herself, since she cannot apply for a waiver to remove the condition jointly based on a divorce that's not finalized. However, if you were to decide to prolong your marriage just so she can't get her condition removed, so she'll be deported and you don't have to live a marital life with her anymore while avoiding the cost of divorce, she might also be successful in documenting this as "extreme mental cruelty" and remove her condition with a battered spouse waiver.
The point is that you should probably let the issue go and, if you do decide to divorce, move on and don't worry what happens to her GC; it won't affect you anyway. As cherr1980 pointed out, she'll have the burden of proof that she entered the marriage in good faith when she removes it after a divorce, and if you believe she didn't enter it in good faith, then she probably won't be successful in keeping the GC anyway.
The point is that you should probably let the issue go and, if you do decide to divorce, move on and don't worry what happens to her GC; it won't affect you anyway. As cherr1980 pointed out, she'll have the burden of proof that she entered the marriage in good faith when she removes it after a divorce, and if you believe she didn't enter it in good faith, then she probably won't be successful in keeping the GC anyway.
Triple Citizen
Registered Users (C)
How will that save you from the eventual divorce expense, even if she leaves the US? If you are correct in saying that she married you just to get a GC, she will most probably find a way to convince USCIS that the marriage was genuine. It will help her if the marriage is 2 years old and not in divorce proceedings when the time comes to file an I-751.
Al Southner
Registered Users (C)
Divorcing who?
Mr K,
Sorry for your troubles. I can use a second wife, and since one's man trash is another man treasure, I can use your soon-to-be ex-wife for my treasure...lol!!
It seems as if you were duped, but she is a product of your intelligent choice, so it is a learning curve.
All those nice cushy curves and supple breast which comforted you day and night, unfortunately hid the biggest bombshell of them all, no love for you as you allege.... 
If you must divorce, do it tomorrow and avoid future balls crushing experience from USCIS. Remember, USCIS can complicate a simple situation. Divorce is a costly exercise which you can advance your future savings for the sake of peace of mind. Hence, divorce lawyers aim to inflict as much irreparable damage to the divorcing parties, lest they reconsider their decision. Are you bitter? If not, wait till the papers are filed and she is served, don't be home that night, stay at Motel 6...
Mr K,Sorry for your troubles. I can use a second wife, and since one's man trash is another man treasure, I can use your soon-to-be ex-wife for my treasure...lol!!
It seems as if you were duped, but she is a product of your intelligent choice, so it is a learning curve.
All those nice cushy curves and supple breast which comforted you day and night, unfortunately hid the biggest bombshell of them all, no love for you as you allege.... If you must divorce, do it tomorrow and avoid future balls crushing experience from USCIS. Remember, USCIS can complicate a simple situation. Divorce is a costly exercise which you can advance your future savings for the sake of peace of mind. Hence, divorce lawyers aim to inflict as much irreparable damage to the divorcing parties, lest they reconsider their decision. Are you bitter? If not, wait till the papers are filed and she is served, don't be home that night, stay at Motel 6...