Abandoned by spouse, need assistance.

G

gasclutchshift

Registered Users (C)
Hello to all, so my current situation goes something like this. I dated my ex wife for about 3 years in which we lived together for those 3 years, we had our ups and downs but we made it through. We got married January 2011 and she wanted to honeymoon in Aruba. Although I had second thoughts we flew there using my advanced parole and although we were stopped on my way back to JFK they allowed me re-entry. Months later we go to our interview and the interviewing officer advises me that I triggered a 10 year ban because I traveled outside the country. At this point I employed an immigration lawyer to assist me and with my waiver of hardship sent in I was somewhat relieved. Then our relationship started deteriorating, we weren't intimate anymore and we were fighting constantly. I soon found out that for months she was cheating on me with her ex and was pregnant. She decided that she didnt want to be with me and forced me to move out of my apartment and advised me she wouldn't be following through with my petition and would be divorcing me. I found myself a new apartment and she showed up with divorce papers with her new bf, I reluctantly signed them and thought that was the end of it and I was done for. To my surprise 3 weeks later my 2 year temp shows up in the mail and I could breathe easy. My 2 year conditional expires this November and my lawyer has already got the ball rolling with extending my conditional status 1 year while I try to file for abandonment. Just wanted to know if anyone has any advice and possibly any examples of letters sent to uscis in situations like this. Thank you for your time and any advice you have to offer, It is much appreciated.
 
So are you now actually divorced? Once you are divorced you can get a waiver for the Removal of Conditions (i.e. applying for permanent green card), if your marriage was bona fide (which it sounds like it was).
 
So my divorce is complete, I recently got my divorce certificate and provided it to my lawyer to process the next step. It was a legitimate marriage and when I had my waiver of hardship sent it we sent in a ton of pictures other forms of proof. I was also wondering since I already had to prove this and this was already granted by uscis would this being in my docket make it any easier for me or more difficult?
 
Was your divorce finalized before the green card was approved? If yes, that means you were not eligible for the green card at the time it was approved, and your removal of conditions will be rejected.
 
gasclutchshift said:
No my divorce was finalized the last week of December 2012, while I received my 2 year conditional November 2011.
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Then you'll be able file for removal of conditions without her involvement, as long as you file for a waiver and show enough evidence that your marriage was bona fide.
 
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understood, would you happen to know if my I 601 being approved has any influence in my upcoming case? Meaning since we already proved that our marriage was legitimate once would that make this next step any easier or does it have no relevance??
 
The 601 waiver is different. That was filed because you were facing the 10 year ban. Either it was approved, or it became unnecessary due to a court ruling that said leaving the US with Advance Parole does not trigger the 10 year ban.

You'll need an I-751 waiver, because you divorced before the conditions were removed.
 
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