Divorce. I need your advice

M

Maria1984

Registered Users (C)
Hi,

I have my conditional green card until April 2010. Me and my husband want to divorce or at least to live separate. How will it affect my 10 year green card? will I have any problems getting it if I am divorced? If you know something about this topic please let me know! Thanks you.
 
Yes, it will affect you greatly. You became eligible for a green card because you were married to a US citizen; once the marriage is over, in the eyes of USCIS you no longer have a valid reason to stay in the US. There are possible exceptions if you have been a victim of abuse, but this would require extensive evidence which would be near impossible - and very damaging to your husband - to fake.

You can still file for I-751 (do it as soon as your divorce is final) but you will need to prove beyond a doubt that your marriage was bona fide and entered into in good faith. Be prepared for a fight, you will need a detailed explanation of how your marriage was real but still managed to dissolve in a short time. Make sure you have a lot of evidence of your life together on paper. It can help if you have children together. If your husband was your I-864 sponsor, you will need to show another source of income now that you're divorced.

Some people on this forum have cooperated with their spouses and stayed together until the 10-year GC is approved; if you want to give your marriage another shot that's an option, but for obvious reasons it's a very bad idea to lie to USCIS and no one here will advise you to do it.

MOM1211, I agree that a "simple divorce" is less likely to get past USCIS. It often seems that you need to prove that the marriage was real and in good faith, and that the divorce was your spouse's fault... i.e. he abandoned you, he cheated, etc. I haven't seen a successful "we just changed our mind" or "it just wasn't working" case on here (of course that doesn't mean they don't exist.)
 
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Actually, none of this is true. As long you can prove you married with good intentions ("bona fide"), you don't have to be married by the time you apply for the 2-year restriction to be lifted. You can use pictures and other forms of proof that your marriage was "real". The best way to prove the marriage was bona fide is of course if you are still married, the relationship is great and your spouse is petitioning for you, but you can also do it on your own as long you have evidence. In your particular case I have to say you changed your mind pretty quick though, so I would definitively get an attorney. You will have to do some solid explaining why exactly your marriage was not a sham if it fell apart right after you got your temporary green card.
 
To the OP -

Nscagony and captainkit are correct - you can apply to remove conditions even if you are divorced, as long as the marriage was entered in good faith and you have evidence to prove that. They specifically look for proof that you have a life together - financial ties, etc. Photos are not enough.

From another forum there was someone who was married for 7 months and got approved: http://www.visajourney.com/forums/index.php?showtopic=147157&st=0&p=2154601&#entry2154601

That being said, you are more likely to get called for an interview if you apply as a divorced applicant. If your spouse is willing to testify that you entered the marriage in good faith, that makes your case stronger.

If you live in a state where your divorce is final before your conditional card expires you can apply any time after you get the final divorce decree.
 
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nscagony said:
Actually, none of this is true. As long you can prove you married with good intentions ("bona fide"), you don't have to be married by the time you apply for the 2-year restriction to be lifted. You can use pictures and other forms of proof that your marriage was "real". The best way to prove the marriage was bona fide is of course if you are still married, the relationship is great and your spouse is petitioning for you, but you can also do it on your own as long you have evidence. In your particular case I have to say you changed your mind pretty quick though, so I would definitively get an attorney. You will have to do some solid explaining why exactly your marriage was not a sham if it fell apart right after you got your temporary green card.
Click to expand...

Agreed! It the marriage is bona fide the conditions will be removed after the divorced is finalized. Many people on this forum have been in this situation and got approved.
 
What about asking your spouse to do you a favor? if you enter the marriage as good faith but, over the time things happen for no reasons; why not divorce after you and your spouse receive the 10 years GC? Start collecting your evidences.
I wonder how the IO diagnose each case. Anybody knows?
 
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