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USC spouse cheated and left me while under 2 year conditional green card

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  • USC spouse cheated and left me while under 2 year conditional green card

    Hi, I got married last Febuary 2016 and got my 2 year green card november of 2016. I entered the marriage with good faith and had a real relationship with my husband. June of 2016 i caught him cheating on me and even admitted to me that he hooked up with a girl he met online. Fast forward, we talked about it and moved on with our lives and i just forgave him. I got a job moved in to our own place and lived as normal couple. Fast forward to April of 2017 I caught him cheating again when i was checking our phone records and this time he did not admit it, and i again I gave him another chance until, One day it finally ended when i personally caught him red handed and confronted him. Since he was caught*red handed he never came home and he stayed with the other woman. So now we've been living*separately, trying to make ends meet since he had the nerve to close our bank accounts, cut me off from the phone plan and i car insurance. I had to start over again. Can someone help me what to do? Can i still get my permanent green card? Thanks

  • #2
    First, you should file for divorce.

    If the divorce is final before you reach the 90-day window before your 2-year card expires, you should file for Removal of Conditions yourself on the basis of divorce (you don't need to wait until the 90-day window because you are filing by yourself).

    If you are still in the middle of divorce by the time you reach the 90-day window before your 2-year card expires, you should file for Removal of Conditions yourself on the basis of divorce anyway, even though your divorce is not yet final. They will later give a request with a certain amount of time to submit the final divorce order. If the divorce is still not final by then you may have to do Removal of Conditions while in removal proceedings in immigration court, which is a hassle; that's why you should file for divorce early.

    For the Removal of Conditions you will need to submit proof of bona fide marriage from as much as possible of the period of the marriage when you guys were still together.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      If the divorce is not final when your 2-year Conditional Period is close to ending, submit your I-751 with basis of 1.e. or 1.g (subject of cruelty or extreme hardship). Normally, you won't be headed to Removal proceedings or immigration court unless you have come to the attention of USCIS and/or are faced with "adjudication."

      Photos and other evidence/proof of being mistreated will get you through the I-751 approval interview without a finalized divorce.

      --Ray B

      Originally posted by newacct View Post
      First, you should file for divorce.

      If the divorce is final before you reach the 90-day window before your 2-year card expires, you should file for Removal of Conditions yourself on the basis of divorce (you don't need to wait until the 90-day window because you are filing by yourself).

      If you are still in the middle of divorce by the time you reach the 90-day window before your 2-year card expires, you should file for Removal of Conditions yourself on the basis of divorce anyway, even though your divorce is not yet final. They will later give a request with a certain amount of time to submit the final divorce order. If the divorce is still not final by then you may have to do Removal of Conditions while in removal proceedings in immigration court, which is a hassle; that's why you should file for divorce early.

      For the Removal of Conditions you will need to submit proof of bona fide marriage from as much as possible of the period of the marriage when you guys were still together.

      Comment


      • #4
        I have same issue but i didnt have first greencard yet and she cheated on me and we are getting divorce , i dont know what to do. I have all proof she cheated on me and i been marry her faithfully 3 year. Please somebody help me.my interview done last year but i didnt receive any reply from usics

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