Got approved, still have not received the GC, but divorcing...

ibmod

Registered Users (C)
We got married about a year ago. I think we are at very different stages of our lives. I have been working. We obviously couldn't afford our lifestyle together, so I told her that she should be working too. She thinks that I am forcing her to do so and that I have to take care of her. At home she had everything from her parents and she thinks that I need to do the same, just like they did.

We had huge arguments about this, then came 2 months of separation. I tried to talk to her, to try to work this out. Seh wanted counseling, which we tried, but it was not working.

I talked to her to give all of this a new start again. First it seemed she wanted to, but all the sudden (after the first two very good days) she said that she does not want to do this anymore. I am kind of shocked, but at the same time I guess she has been doing the same for a long time.

The question:
Our interview was at the end of March. We got approved then, but the background check is currently still pending (they said sometimes this takes a while). I decided that I would want to move back home. What should I do as far as the legal process goes? Do I need to notify the goverment about the divorce, if so how? Is this going to put me in any kind of a disadvantage in the future if I would like to visit later on?

Thank you!
 
Talk with an immigration attorney & a divorce atorney this is something you will probably need legal advice for!

Question are you the USC or is she? From what I have researched who ever field the I-864 is still Financially reposnsible for the immigrant

If you are worried about having to be finaicial liable for her then I would definatly notify USCIS Immediatly. If the divorce has already been signed and is in process mail a certified leter to the USCIS with the A# of the Immigrant along with a cover letter explaining the situation. Were you approved for GC temporary or legal permanant resident.Usually with a marriage less than 2 years the immigrant will not get Permanant green card until after 2 years of marriage has passed.

Talk with an immigration attorney & a divorce attorney

Good luck & God Bless
 
Talking to a lawyer is probably your best option now. Here's some info on removing conditional status, it seems like you can still get the permanent green card even though you get divorce before the 2-yr anniversary. However, you have to still live in the US til then. BUT, I'm not sure about the percentage of approval (for permanent GC) for this specific case. Good luck though!

http://www.uscis.gov/graphics/howdoi/remcond.htm
 
She is the USC, I am the "alien".

Ever since we got into the arguments, the one thing she always said that in case of a divorce, she would try to take everything from me. My mother-in-law was against this marriage from the beginning and I am sure she would push hard on that as well. She probably has a big part in this whole mess.

I am a bit worried about that, but at the same time we don't own much. I have not been able to move up too quickly. I worked on an H1B until now, and it is not the easiest to switch around and find new jobs with that. I was going to try to find a better paying job, once our situation got more stable.

Our approval was for a temporary GC (2 years). Our 1 year anniversary just happened a few weeks ago.

This is crazy, I fought and fought and fought for this relationship... anyway. Thank you for all your help.

Are there immigration attorneys that are also knowledgeable in divorce cases?
 
ibmod said:
She is the USC, I am the "alien".

Ever since we got into the arguments, the one thing she always said that in case of a divorce, she would try to take everything from me.
Are there immigration attorneys that are also knowledgeable in divorce cases?

How horrible of her, what does she have to gain by doing that?

I am sure an immigration attorney has dealt with divorce cases and will offer you the best guidance possible, The bright side of things is that you only spent 1 year married to her, her true character came out, better to discover it now than later down the line when you are established and have more assets or children between the tow of you, also it's good that you did not spend the betterr part of your adult life dealing with this, best is to move on and do good for yourself.

Good luck my friend and I hope things get better for you.
 
ibmod said:
Ever since we got into the arguments, the one thing she always said that in case of a divorce, she would try to take everything from me. My mother-in-law was against this marriage from the beginning and I am sure she would push hard on that as well. She probably has a big part in this whole mess.

Sorry to hear that, pal. My USC wife said the exact same things. I was so pissed and desperated that I drank until I was so drunk, and, surprisingly, the alcohol made me realized that it would be much easier to work on this relationship again. And now, we're much better than the old days.
 
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