Separated while a conditional permanent resident

[rtp31]

Hello,

I received my conditional GC on September of 2016 through my USC spouse. We are currently separated as I discovered that my husband is a hard-core drug addict. The whole time we were dating he never showed signs of doing drugs. I really loved him back then and thought I could form a family with him. We've only been married for 14 months but I have been through a lot in this marriage to the point that he stole some of our stuff to get money to buy drugs. I tried to help him with his addiction and set him up with counselors who could help him recover but he'd always refuse to get help and ended up relapsing time after time. He made me a lot of promises that he would change but that never happened. I grew tired of being with someone who didn't want to be helped. He lost his job because of his addiction and that's when our problems got worse as I was the only one worrying about paying for bills. We were arguing all the times and he didn't seem to wanting to find another job.

Anyways, at this point I'm not sure what to do. We're in speaking terms but I'm afraid that if we get a divorce, then that's going to make it difficult for me to remove the conditions on my GC next year. And even though my heart is broken and I feel really bad for him because I know it must not be easy for him to quit drugs, I also know that I don't wanna go back to that same tumultuous relationship and go through the same things all over again. What options do I have at this point to keep my GC and what would be the best course of action? I need some advise!

[rayb]

RTP,

Collect as much evidence as possible, including proof of counseling attempts, any law enforcement contacts with your husband, affidavits from witnesses to his behavior, any information about his history of drug abuse.

Make sure you have a place to live if you need the home that you share, a vehicle and a source of income.

WIth or without a divorce, you can apply for waiver of the joint filing requirement of the I-751 to "remove conditions" for your 10-year card.

In the meantime, the long yo have proof of living together, the smoother will be your application for Removal of Conditions.

--Ray B

Hello,

I received my conditional GC on September of 2016 through my USC spouse. We are currently separated as I discovered that my husband is a hard-core drug addict. The whole time we were dating he never showed signs of doing drugs. I really loved him back then and thought I could form a family with him. We've only been married for 14 months but I have been through a lot in this marriage to the point that he stole some of our stuff to get money to buy drugs. I tried to help him with his addiction and set him up with counselors who could help him recover but he'd always refuse to get help and ended up relapsing time after time. He made me a lot of promises that he would change but that never happened. I grew tired of being with someone who didn't want to be helped. He lost his job because of his addiction and that's when our problems got worse as I was the only one worrying about paying for bills. We were arguing all the times and he didn't seem to wanting to find another job.

Anyways, at this point I'm not sure what to do. We're in speaking terms but I'm afraid that if we get a divorce, then that's going to make it difficult for me to remove the conditions on my GC next year. And even though my heart is broken and I feel really bad for him because I know it must not be easy for him to quit drugs, I also know that I don't wanna go back to that same tumultuous relationship and go through the same things all over again. What options do I have at this point to keep my GC and what would be the best course of action? I need some advise!

[newacct]

You could remain married and file ROC jointly (in this case he would have to be willing to sign the application and be willing to attend the interview if there is one).

Or you can divorce and file ROC by yourself on the basis of divorce. If you know you will file ROC by yourself, then you pretty much have to divorce; there are other bases for ROC like abuse, but you didn't mention that he abused you (plus it's harder to prove than just divorce). Although it's possible to file for ROC on the basis of divorce while the divorce is pending, it is a big hassle, so if you know you will file ROC by yourself, you should file for divorce well before the 2 years, because in some states divorce can take many months.

[rtp31]

Ray B,
Thanks for the advice. I have proof of living together such as bills, bank account and car insurance in both of our names for about 14 months. Soon I'll be moving out of our place because I can't afford to pay for rent and other utilities and moving back to my parents'. I also have photos of us together, documentation that he's been abusing drugs and paperwork from my therapist. He always refused to get help with his addiction even though I offered to go with him and to also go speak with a couples therapist. At this point I think that it'll be better to just get divorced as I don't see us getting back together. I even got a friend request on Snapchat from his drug dealer because he used my phone to call him and that really freaked me out. I'm not sure if all of this evidence will be sufficient to get my 10 year GC?

RTP,

Collect as much evidence as possible, including proof of counseling attempts, any law enforcement contacts with your husband, affidavits from witnesses to his behavior, any information about his history of drug abuse.

Make sure you have a place to live if you need the home that you share, a vehicle and a source of income.

WIth or without a divorce, you can apply for waiver of the joint filing requirement of the I-751 to "remove conditions" for your 10-year card.

In the meantime, the long yo have proof of living together, the smoother will be your application for Removal of Conditions.

--Ray B

[NettieL]

Make sure that you are safe while you are sorting through this. See if there is some kind of Victim Services in your area that can help you through the process of moving away from such a dangerous situation. NA may be able to provide you with resources.