Conditional GC - Filing for divorce

K

kpl77

New Member
I got married in Aug 2004. Filed for AOS in nov 2004. Got interview september 05 and got permanent GC within next 15 days (conditional GC as marriage was for less than 2 yrs).
Last week, i found out that my wife (USC) is having extra marital relationship since last 3 month. Actually, since last one month, she has been spending most of time at her's mom (who lives next door from my apt). I asked abt this relationship and she admitted that she has been messing around since last 3-4 months. Last weekend, i went to her place and found her with her partner "doing stuff". Just to confirm once more, i sneaked in their apt yesterday (i know its wrong) afternoon and found them in bed.

They are practically living together in same room.

I'm filing for divorce within 1-2 weeks.

What evidence i should collect to prove that she had been cheating on me and i had to file divorce. So that next year, when i file I-751 without her(for conditions removal), I have better chances for approval.

I have everythng to show that our marriage was genuine.

Please help. Thanks :(
 
Last edited by a moderator:
I'm so sorry to hear about your sad situation.
I don't know much about this process, but here is a link that will help you.
I read there that in the case you apply for removal of conditions by yourself, you don't have to wait until 2 years after you got residency.

http://www.uscis.gov/graphics/howdoi/remcond.htm

Hope everything will turn out good for you. Good luck.
 
kpl77 said:
I got married in Aug 2004. Filed for AOS in nov 2004. Got interview september 05 and got permanent GC within next 15 days (conditional GC as marriage was for less than 2 yrs).
Last week, i found out that my wife (USC) is having extra marital relationship since last 3 month. Actually, since last one month, she has been spending most of time at her's mom (who lives next door from my apt). I asked abt this relationship and she admitted that she has been messing around since last 3-4 months. Last weekend, i went to her place and found her with her partner "doing stuff". Just to confirm once more, i sneaked in their apt yesterday (i know its wrong) afternoon and found them in bed.

They are practically living together in same room.

I'm filing for divorce within 1-2 weeks.

What evidence i should collect to prove that she had been cheating on me and i had to file divorce. So that next year, when i file I-751 without her(for conditions removal), I have better chances for approval.

I have everythng to show that our marriage was genuine.

Please help. Thanks :(
Click to expand...

Sorry to hear about your problems, mate. Actually, as Patty was saying, you don't have to wait for the 2 year requirement if you are get divorce now. You can file your I-751 straight away. Look at the uscis website - they suppose to have the info about the I-751 waiver.
 
Last edited by a moderator:
What i heard was that they only accept cases of spousal abuse (if she was abusing you). Otherwise, chances of getting the conditions removed after the divorce are not that great.
But talk to a lawyer...your case is complicated....better safe than sorry.
 
You can have your conditions removed even if there was no abuse, specially if she had extramarital relations.
If you can talk to an attorney, I would recommend it, given the special circumstances.
Figure out if your wife would be willing to admit what she did. If she's cooperative, then the processing gets a lot easier, since you can attach a letter from her to the application, and that would help you a lot.

Good luck and sorry to hear what happened to you :(
 
I agree with Rex, Lunastar and everybody else - the wisest thing to do is to cunsult with a lawyer.
 
Lunastar said:
You can have your conditions removed even if there was no abuse, specially if she had extramarital relations.
If you can talk to an attorney, I would recommend it, given the special circumstances.
Figure out if your wife would be willing to admit what she did. If she's cooperative, then the processing gets a lot easier, since you can attach a letter from her to the application, and that would help you a lot.

Good luck and sorry to hear what happened to you :(
Click to expand...
Thanks for advice. She admits what she is doing. Should i get affidavit signed from her and keep it with me so that i can attach it with application? I'm not sure she'll do it but i'll try.
I'll contact immigration lawyer.
I'm feeling devastated but there is no option of continuing the relationship. I still havn't talked to her abt divorce. My work visa was vaid untill Jul 2007 but guess its not valid as i got GC last year.
Many thanks.
 
I dont think getting an affidavit from her saying she cheated on your ass is a wise thing to do. INS people see a lot of cases like this and usually people are not so happy when leaving each other, this may make them think you just got married for the GC. I would recommend getting this fact in the divorce transcript and have a copy of it in your application. ..just my two cents..

Take a look at this thread it will be very helpful in a case like yours.

http://boards.immigrationportal.com/showthread.php?t=219162

good luck
 
You must log in or register to reply here.
Top