Considering Divorce, but do not wish to ruin spouse's residence status

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USCMiami

Registered Users (C)
I am a US citizen. Married my wife,(who was an int'l student F-1) in January 2008, filed for her residency in Feb. Obtained 2year conditional residency effective October 2008.

Marriage has been terrible. Considering divorce but do not wish to have my wife deported due to the divorce. I do not hate her only cannot live with her.

Can I divorce her and she still be able to achieve permanent residence status in October 2010?

There is no cruelty or brutality on my part. Do not know what Immigration considers "hardship" in order to qualify for permanent status.

We do not have any children.

Help is appreciated.
 
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It will be tough for her - however, if she can provide a lots of proofs of a genuine marriage such as pictures/documents/joint properties etc, she can do it by herself.
 
I read the I-751 instructions and note this "2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;"

It was good faith,we have many photos, bills, leases together, joint bank,insurance, but do not know how this weighs when she goes in front of the Immig. officers. No mortgage though.

Is that considered sufficent proof?
 
I think it's sufficient proof. I've read number of stories divorced people removing conditions. It's not all that terribly hard.

BTW, kudos to you for asking about it at the forum. You are among very few USC people I've heard of who really care about it.
 
USCMiami said:
I read the I-751 instructions and note this "2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;"

It was good faith,we have many photos, bills, leases together, joint bank,insurance, but do not know how this weighs when she goes in front of the Immig. officers. No mortgage though.

Is that considered sufficent proof?
Click to expand...

That’s nice of you.
Please write an affidavit about your marriage when she is going to file I 751 wavier application. That will definitely help her.
 
I have spent the day reading through all of the related I-751 threads. I should have done that from the beginning. Pardon the extraneous post.

Marriage is not yet dead. Considering outcomes. Still trying. We are good people.

Hopefully, this will be the last post from me here.
 
You sound like a very reasonable person and I just wanted to wish you both luck whichever way it goes.
 
I got married to my American husband in South Korea on Sep. 11th 2007. At that time my husband was working for a Korean company. I believed our marriage was built on an unconditional love between us and I didn’t expect anything less than for it to last forever. But it wasn’t to be, I discovered my husband has being cheating on me for a long time now.

I have a daughter from my first marriage she is 18 y. o. She and I have a permanent green card since July 2009. I spent about one month in the USA to enroll my daughter in community college where she is studying now.


I had to come back to Korea to see what was going on with my marriage and for the last time I realized that my marriage can’t be saved and I do not want the to continue it with the man I fell in love with 3 years ago any longer.

I had a talk with my husband and he confessed to his terrible behavior. He sad that he is sorry and promised to give me the freedom I want. I do not need anything from him except a divorce. But I do not know what is the best way for me too submit papers for divorce and in the same way do not ruin my legal status in USA. I read about filing the I 175 from and there are so many things I can not have, such as anything what I and my husband having any proof of living in USA. Because all we did during last short visit - we opened the joint bank account. As you see I can't have anything more. All I have are: pictures together, letter from online school for my husband, cards I made for him, and card he wrote to me, and many love letters in my email box and on a paper. Here in Korea we didn't prepare anything. I didn't think of the ending our life together in such sad and complecated end.

I’m going to the USA soon and will stay with my daughter in Taxes.

My questions are:

1. When is it better for me to file for divorce?
2. Will it affect my status as a conditional permanent resident in USA?
3. Will it affect my daughter’s status in USA and how I can fix it?
4. What do I need to do to be sure that I will get divorce from my husband and will get a legal stay in USA after divorce(I mean will I be able to remove the condition from my Green Card and what I need to do for it)?
 
Please help me !!!!!

I have a really bad situation.
I got married to my American husband in South Korea on Sep. 11th 2007. At that time my husband was working for a Korean company. I believed our marriage was built on an unconditional love between us and I didn’t expect anything less than for it to last forever. But it wasn’t to be, I discovered my husband has being cheating on me for a long time now.

I have a daughter from my first marriage she is 18 y. o. She and I have a permanent green card since July 2009. I spent about one month in the USA to enroll my daughter in community college where she is studying now.


I had to come back to Korea to see what was going on with my marriage and for the last time I realized that my marriage can’t be saved and I do not want the to continue it with the man I fell in love with 3 years ago any longer.

I had a talk with my husband and he confessed to his terrible behavior. He sad that he is sorry and promised to give me the freedom I want. I do not need anything from him except a divorce. But I do not know what is the best way for me too submit papers for divorce and in the same way do not ruin my legal status in USA. I read about filing the I 175 from and there are so many things I can not have, such as anything what I and my husband having any proof of living in USA. Because all we did during last short visit - we opened the joint bank account. As you see I can't have anything more. All I have are: pictures together, letter from online school for my husband, cards I made for him, and card he wrote to me, and many love letters in my email box and on a paper. Here in Korea we didn't prepare anything. I didn't think of the ending our life together in such sad and complecated end.

I’m going to the USA soon and will stay with my daughter in Taxes.

My questions are:

1. When is it better for me to file for divorce?
2. Will it affect my status as a conditional permanent resident in USA?
3. Will it affect my daughter’s status in USA and how I can fix it?
4. What do I need to do to be sure that I will get divorce from my husband and will get a legal stay in USA after divorce(I mean will I be able to remove the condition from my Green Card and what I need to do for it)?
 
hi.u can file immediatly after ur divorce is final.all u have to at this point is proof to uscis that ur marriage was in good faith.i believe ur husband file taxes even though he was in korea and i'm sure he either did it with u or file alone.and that should state married on those transcript,include anything in the package that u think can convince even a little baby that ur marriage was ligit.if u can get ur husband to write an affidavite on ur behalf stating the reason for divorce was he,s fault that will even help u more.good luck






I have a really bad situation.
I got married to my American husband in South Korea on Sep. 11th 2007. At that time my husband was working for a Korean company. I believed our marriage was built on an unconditional love between us and I didn’t expect anything less than for it to last forever. But it wasn’t to be, I discovered my husband has being cheating on me for a long time now.

I have a daughter from my first marriage she is 18 y. o. She and I have a permanent green card since July 2009. I spent about one month in the USA to enroll my daughter in community college where she is studying now.


I had to come back to Korea to see what was going on with my marriage and for the last time I realized that my marriage can’t be saved and I do not want the to continue it with the man I fell in love with 3 years ago any longer.

I had a talk with my husband and he confessed to his terrible behavior. He sad that he is sorry and promised to give me the freedom I want. I do not need anything from him except a divorce. But I do not know what is the best way for me too submit papers for divorce and in the same way do not ruin my legal status in USA. I read about filing the I 175 from and there are so many things I can not have, such as anything what I and my husband having any proof of living in USA. Because all we did during last short visit - we opened the joint bank account. As you see I can't have anything more. All I have are: pictures together, letter from online school for my husband, cards I made for him, and card he wrote to me, and many love letters in my email box and on a paper. Here in Korea we didn't prepare anything. I didn't think of the ending our life together in such sad and complecated end.

I’m going to the USA soon and will stay with my daughter in Taxes.

My questions are:

1. When is it better for me to file for divorce?
2. Will it affect my status as a conditional permanent resident in USA?
3. Will it affect my daughter’s status in USA and how I can fix it?
4. What do I need to do to be sure that I will get divorce from my husband and will get a legal stay in USA after divorce(I mean will I be able to remove the condition from my Green Card and what I need to do for it)?[/QUOTE]
 
Possible Divorce ?

Hi

I just have couple questions regarding divorce process. Us Citizen married to a out of status ( j-1 ) wife around 4 months ago. We have a legit , genuine marriage however we sometimes have serious opinion differences. I have not filed anything yet to get permanent card or working permit for her. She is currently studying .

My question is If I file to divorce right now , what will be her options ? I pay health insurance, under my bank accounts , car insurance etc. Will she can get any financial advantage of me , do I have to support her even we get divorce ? Or , she has to go her country because she is out of status right now and do not have filled documents yet ? Could you please let me know about possibilities, thanks.
 
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