Conditional green card with divorce as a student

cryfrog

New Member
I was in a tough situation now. I came to US in 7 years ago and remained as F1 student working on my graduate degree in a university. I'v got my master's in microbiology in 2006 and working on my PhD in the same field now. I met an American girl in 2007 and move in together ( have car insurance proof). We got married in July 2008 and apply for my conditional GC in April 2009 and got it in Aug 2009. We had a big wedding which involved both families and i barely paid it off. Our relationship went really bad this summer and she moved out and filed a divorce which i have to respond by the end of this year. The conditional GC will expire in Aug 2011. She was having serious mental problems(bipolar), which she started divorce once a week in Sept,2009. Every time I could persuade her and change her mind but it got more difficult each time. After a while I was totally worn out. We went to a marriage consulting together and they found out that she should be on her med. She refused to take it and things got worse. Plus, she got smoking and gambling problems after marriage. I was deeply worried and stressed out, while taking care of her, doing my own PhD research and being a teaching assistant. She couldn't sleep regularly and being up and down as a typical bipolar patient. I had to go to psychology department in the university and ask for mental help for myself. Now she quit her school here and moved out and started a new school in her parents' town. We haven't had any kids yet, and most bills are under my name since she had bad credits. We decided to have kids thats why she stopped her medicine.

Right now I don't have more choices, but I didn't do anything wrong. She is the one that pushed to get married and then changed her mind. As a husband I supported her to go to school and the family expenses and had a good relationship with her relatives, I didn't do anything wrong. Now I understand why she couldn't hold a job for 3 months and couldn't keep a friendship for a year because of her mental problems. I guess I am the target now. I have to respond to her divorce file by the end of this month, just dont know should i say yes or no to the divorce request.

I am still working on my PhD in microbiology but I lost my F1 status since I got the conditional GC. This put my in a serious time frame, which i have to finish before the GC expires in Aug 2011. I am doing my best to pass my comprehensives next spring and hopefully i will get my PhD before the GC expires. It is horrible, i feel so stressed and I try to stay strong.

My 1st question is : is that possible that I get my conditional GC renewed after divorce, based on my own petition. Because I really dont know how long this marriage can last based on current situation. Is this considered as Good Faith? or extreme crulty( her bipolar, gambling, spending,etc), or extreme hardship(i can do my biology research here in US relatively more successfully).

Do i need a lawyer right now or wait for 1 year before the GC expires?
The worst possibility is: If my conditional GC removal is denied and I haven't finished my degree yet, can i switch back to my F1 visa to finish my PhD degree?
Thanks.
 
I was in a tough situation now. I came to US in 7 years ago and remained as F1 student working on my graduate degree in a university. I'v got my master's in microbiology in 2006 and working on my PhD in the same field now. I met an American girl in 2007 and move in together ( have car insurance proof). We got married in July 2008 and apply for my conditional GC in April 2009 and got it in Aug 2009. We had a big wedding which involved both families and i barely paid it off. Our relationship went really bad this summer and she moved out and filed a divorce which i have to respond by the end of this year. The conditional GC will expire in Aug 2011. She was having serious mental problems(bipolar), which she started divorce once a week in Sept,2009. Every time I could persuade her and change her mind but it got more difficult each time. After a while I was totally worn out. We went to a marriage consulting together and they found out that she should be on her med. She refused to take it and things got worse. Plus, she got smoking and gambling problems after marriage. I was deeply worried and stressed out, while taking care of her, doing my own PhD research and being a teaching assistant. She couldn't sleep regularly and being up and down as a typical bipolar patient. I had to go to psychology department in the university and ask for mental help for myself. Now she quit her school here and moved out and started a new school in her parents' town. We haven't had any kids yet, and most bills are under my name since she had bad credits. We decided to have kids thats why she stopped her medicine.

Right now I don't have more choices, but I didn't do anything wrong. She is the one that pushed to get married and then changed her mind. As a husband I supported her to go to school and the family expenses and had a good relationship with her relatives, I didn't do anything wrong. Now I understand why she couldn't hold a job for 3 months and couldn't keep a friendship for a year because of her mental problems. I guess I am the target now. I have to respond to her divorce file by the end of this month, just dont know should i say yes or no to the divorce request.

I am still working on my PhD in microbiology but I lost my F1 status since I got the conditional GC. This put my in a serious time frame, which i have to finish before the GC expires in Aug 2011. I am doing my best to pass my comprehensives next spring and hopefully i will get my PhD before the GC expires. It is horrible, i feel so stressed and I try to stay strong.

My 1st question is : is that possible that I get my conditional GC renewed after divorce, based on my own petition. Because I really dont know how long this marriage can last based on current situation. Is this considered as Good Faith? or extreme crulty( her bipolar, gambling, spending,etc), or extreme hardship(i can do my biology research here in US relatively more successfully).

Do i need a lawyer right now or wait for 1 year before the GC expires?
The worst possibility is: If my conditional GC removal is denied and I haven't finished my degree yet, can i switch back to my F1 visa to finish my PhD degree?
Thanks.

Some points here

1. You can not avoid divorce, if she wants it (in most of the states in US). But definitely you can postpone it for a while.

2. Most probably you will be able to prove good faith marriage. But it depends on how much evidences you have. So try to collect any evidence left. BUT most importantly if possible collect all those doctors bills or medical records about her mental illness. Try to collect any records of marriage counseling. You can send them with I 751

3. As soon as divorce is final file I 751 wavier. Its always better to file on good faith wavier

4. It gives you enough time. At least more than a year. You can not go back to F1 or J1 visa. But you may be able to change your status to F1 or J1 without visa stamping? ( I am not sure. Somebody who know it may have to answer this) But you can get a H1B without any problems

5. Now you may need a family lawyer, but not immigration attorney.

I guess this answers some of your concerns
 
File an I-751 as soon as the divorce is finalise or the card is within 90 days of expiry, whichever occurs first. As long as you have proof that the marriage was bonafide while it lasted, you should be okay.

My 1st question is : is that possible that I get my conditional GC renewed after divorce, based on my own petition. Because I really dont know how long this marriage can last based on current situation. Is this considered as Good Faith? or extreme crulty( her bipolar, gambling, spending,etc), or extreme hardship(i can do my biology research here in US relatively more successfully).
 
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