u.s. citizen spouse abandoning marriage and divorcing conditional greencard holder

[vance763]

I am married to a us citizen and received my conditional green card a few months ago .we dated for three years before we got married and we were living together as husband and wife up until a few weeks ago.Unfortunately,I discovered my spouse in an affair.Now unfortunately the u.s.citizen spouse no longer wants to be married to me and is filing for divorce.The spouse has abandoned the marriage and moved out of the home we shared.
Has anyone out there experienced a similar situation? What should conditional greencard holders do in such situations? Am I correct in saying that the u.s. citizen spouse signed an affidavit of support(form I-864) which obligates them to support the immigrant they married until the sponsored immigrant becomes a u.s.citizen or can be credited with 40 qualifying quarters of work in the United States?
What immigration rights do I have in this situation? Is there a form I can file with USCIS against my spouse for abandonment of spouse in marriage?
Please give me some answers and point me in the right direction.
Vance 763

 

[abdahm001]

its ok

 

[abdahm001]

I have a friend who is in the same boat as you. all I remember him telling me is that your spouse is responsible or attached to you until the process is over. I Will talk to him and see what advice he has for you.

 

[trialanderror83]

I am married to a us citizen and received my conditional green card a few months ago .we dated for three years before we got married and we were living together as husband and wife up until a few weeks ago.Unfortunately,I discovered my spouse in an affair.Now unfortunately the u.s.citizen spouse no longer wants to be married to me and is filing for divorce.The spouse has abandoned the marriage and moved out of the home we shared.
Has anyone out there experienced a similar situation? What should conditional greencard holders do in such situations? Am I correct in saying that the u.s. citizen spouse signed an affidavit of support(form I-864) which obligates them to support the immigrant they married until the sponsored immigrant becomes a u.s.citizen or can be credited with 40 qualifying quarters of work in the United States?
What immigration rights do I have in this situation? Is there a form I can file with USCIS against my spouse for abandonment of spouse in marriage?
Please give me some answers and point me in the right direction.
Vance 763

You can still file form I-751 to remove the conditions from your GC. All you have to do is A-finalize the devorce, B-prove the marrage was not a sham.

Start collecting evidence of life together, ie insurance, bills in both names, credit cards in both names, ect...

It is not difficult to keep your GC as long as the marriage was real. Read I-751 form.

Good luck

http://www.uscis.gov/files/form/I-751instr.pdf

 

[sankarnp]

I think it is very important for you to prove that the marriage was in good faith and was not for getting the Green Card. You might want to get working on that. Any proof of spousal abuse might help, esp. of you are a woman

 

[JohnnyCash]

Has anyone out there experienced a similar situation?

One out 5 marriage based cases faces the same situation. I've seen thousands of cases like this all the time over the years and dealt with tons of them. So, your case is no different/unique.

Good luck...

 

[LucyMO]

What should conditional greencard holders do in such situations?

start collecting evidence of bona fide marriage, as advised above

Am I correct in saying that the u.s. citizen spouse signed an affidavit of support(form I-864) which obligates them to support the immigrant they married until the sponsored immigrant becomes a u.s.citizen or can be credited with 40 qualifying quarters of work in the United States?

yes. Or until they lose their GC or die.

What immigration rights do I have in this situation?

if you prove that the marriage was genuine, you will have a chance to remove the conditions and get an unconditional GC.

Is there a form I can file with USCIS against my spouse for abandonment of spouse in marriage?

no

 

[captainkit]

Start collecting evidence that your marriage was real and entered into in good faith. You should file to remove conditions as soon as you get divorced. People can and do keep their green cards after divorce, but as it seems he won't be willing to help you in the process you must be prepared with as much evidence as possible.