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  • filing for Divorce after 14 months

    Hey everyone,

    My husband (U.S. citizen) and I (German citizen) got married in late Feb. 2015 - we since moved from D.C. to Los Angeles, just two months ago, we moved into our second apartment together.

    We have been fighting a lot since we moved to Los Angeles, financial struggles have left their marks in the first 8 months before I found a decent paying job. With that said we kept getting into stupid fights over literally anything and just last week we sat down and talked and both said that we are not happy with one-another and that it would be for the best for both of us, to separate. It was a mutual and grown up decision.

    As we a preparing the summary dissolution papers, I noticed that it says that I (the greencard holder) might be subject to deportation when we end the marriage before 2 years are over. Now naturally I am afraid that this will happen as I leased a car, got a great job and really found my life here.

    My husband and I will continue to live together until the lease is up or he can afford this place by himself, we still want to file for divorce.

    How will this affect my immigration status? Do I have to fear to not get the restrictions removed form my green card next year?

  • #2
    What do you want to save.. your marriage, or green card?

    Comment


    • #3
      filing for Divorce after 14 months

      Save both, marriage is not easy but just have to overlook somethings ... Marrying someone from another country is hard work ... But how many more are going to marry if you end these one? Since you have a great job and you consider US your home now I'll say just seat down with him and work things out. No one said marriage is easy there's good days and bad days just need to pray and remember when you first met and fell in love . And yes if you divorce now you might need to leave the country unless you have evidence of him abusing you which you can use when removing condition. But just try and work things out. Just my opinion not legal advice. Good luck.

      Comment


      • #4
        This is not a question about saving my marriage. Trust me we've tried so many times to get better but it just doesn't. That's why we made this mutual decision.

        So please stop your judgement and focus on the question. Thank you!

        Comment


        • #5
          filing for Divorce after 14 months

          No judgment from me . If you don't like my advice that's on you. Was just explaining things cos most people have been on same boat as you. The truth is that if you divorce before 2 years or before removing condition you will be ask to leave unless you have enough evidence of him abusing you. So since your mind is made up start putting your evidence together cos you gonna needy plenty. Maybe someone else will chip in on more information, so once more good luck.

          Comment


          • #6
            It's news to me that I need to show that he abused me.
            Last I checked you have to prove that you entered the marriage in good faith and that it was bona fide.
            We have more than enough evidence such as:

            - 2 leases we signed together
            - joint bank accounts
            - taxes files jointly
            - plenty of friends that will testify
            - pictures, chat histories, community property that we are dividing

            So I would appreciate if someone other had some insight on the situation as the 'you can only stay when you've been abused' theory seems a little off. No offense!

            Comment


            • #7
              Removing conditions after divorce

              I'm by no means an expert, and you should confirm this with USCIS, but according to their website:


              How to Get a Waiver of the Requirement to File a Joint Petition

              If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

              You may request a waiver of the joint petitioning requirements if:
              •Your deportation or removal would result in extreme hardship
              •You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
              •You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition


              So, what I would take away from this is, you can get divorced, but do keep paperwork showing how you both tried to work on staying married.
              For instance, maybe a letter from a Marriage Counsellor, or your spouse (if he'll do it).

              I sure hope this helps.
              Sept 6, 2014: Married
              March 13, 2015: file I-130
              June 18, 2015: RFE
              Aug 24, 2015: I-130 approved
              Aug 25, 2015: IV paid
              Oct 27, 2015: DS-260 submitted
              Nov 24, 2015: Documents sent to NVC
              Dec 1, 2015: NVC receives documents
              Jan 11, 2016: RFE sent by NVC
              Feb 27, 2016: Packet 4 received
              Apr 11, 2016: Medical in Montreal, QC
              Apr 15, 2016: US Consulate in Montreal (APPROVED)
              Apr 21, 2016: Pick up Passport with Visa, and IV Package

              Comment


              • #8
                Not Affected for Green Card

                Originally posted by royalty81 View Post
                Hey everyone,

                My husband (U.S. citizen) and I (German citizen) got married in late Feb. 2015 - we since moved from D.C. to Los Angeles, just two months ago, we moved into our second apartment together.

                We have been fighting a lot since we moved to Los Angeles, financial struggles have left their marks in the first 8 months before I found a decent paying job. With that said we kept getting into stupid fights over literally anything and just last week we sat down and talked and both said that we are not happy with one-another and that it would be for the best for both of us, to separate. It was a mutual and grown up decision.

                As we a preparing the summary dissolution papers, I noticed that it says that I (the greencard holder) might be subject to deportation when we end the marriage before 2 years are over. Now naturally I am afraid that this will happen as I leased a car, got a great job and really found my life here.

                My husband and I will continue to live together until the lease is up or he can afford this place by himself, we still want to file for divorce.

                How will this affect my immigration status? Do I have to fear to not get the restrictions removed form my green card next year?
                Once it also expires you can apply without hesitation and there is no probs to live in the US as Legal

                Thanks

                Robert Shapiro

                Disclaimer

                This is not a legal advise and taking at your own risk

                Comment


                • #9
                  Even if your marriage is not working currently, it is best to suck it up and kind of make it work until the 2 year mark. Why would you marry someone only to divorce them 10 months later?

                  Comment

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