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Being divorced before getting conditional GC

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  • Being divorced before getting conditional GC

    Hi. I came to US as a student in 2004, and I married my husband in September 2005. we filed the petition for GC together. Now, he wants to divorce. Of course, I did not receive a conditional GC yet. All that we have as a proof is pictures and lease. we do not have a bank account, and did not file the taxes yet. Is there anything that I can do in this situation?

  • #2
    Hi. I came to US as a student in 2004, and I married my husband in September 2005. we filed the petition for GC together. Now, he wants to divorce. Of course, I did not receive a conditional GC yet. All that we have as a proof is pictures and lease. we do not have a bank account, and did not file the taxes yet. Is there anything that I can do in this situation?

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    • #3
      Since you have not even gotten your conditional PR, I don't think there is anything you can do, unless you were abused by him.
      Have a nice day

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      • #4
        Completely agree with the previous post.

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        • #5
          Yea claim abuse; who cares if you ruin another human beings life as long as you get the almighty green card; you shouuld be ashamed to even suggest that

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          • #6
            Thank you for your feedback! Is it possible for me to apply for H1 in this case and to waiver this GC application?

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            • #7
              Do you not want to try and salvage your marriage? It seems to me that you are much more worried about remaining in the US than staying married. Did you marry for love? If you are still in school your student visa should still be valid. You could try to find an employer to sponsor you. If that fails, QUICK find another Amerian husband.

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              • #8
                I do have an employer right now. I am working on my CPT. And I actually wanted to proceed with my H1 visa. My husband asked me to marry him several times, and he insisted that I file all petitions. I did not want to depend on him. He initiated the marriage, after which we moved to the separate apartment. After that, he left me with all bills (including rent, which is 1000/month.) Was it fair taking into account that i am F1 student without work permit and paying tuition? He did not respond to any calls, I reported him missing. After that, he showed up, but b/c we had an ordinary fight, he said that he will go to court! Now, he does not respond to any of my calls. Under this circumstances, it is very difficult to salvage the marraige. Actually, I can hardly believe that I will want to get married again. Before the marriage, we were the happiest couple. Now, it is terrible, and I do not understand the reason. Neither of my friends/relatives can.

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                • #9
                  Well, I'm sorry to hear your marriage didn't work. The employer sponsored H will probably be your best bet, but I am no expert. Do as much research as you can. If you are still in school, visit the international affairs office and speak to someone there. At the university where I work, this office takes care of student and employment visas. You should also visit the USCIS webpage how do I section.

                  Good luck!

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                  • #10
                    Thank you I will need it

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                    • #11
                      You indicated you were on CPT. If you proceed with an H and the employment does not work out (start date of employment delayed, company mishandles the paperwork)you will not necessarily be able to pick up on your F status where you left off. Meaning that you will have to wait another year before you qualify again for CPT or OPT. I believe though that your school will have some discretion on this matter.

                      Another potential downfall, is that you may be denied a change of status by USCIS from H to F entirely or inside of the U.S.

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                      • #12
                        H being considered dual intent, and F not.
                        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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                        • #13
                          Which is the reason one might have trouble "going back" to F after being in H status.

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                          • #14
                            Implied. I hear an echo!
                            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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                            • #15
                              Implied???

                              On an immigration board where many of the users do not speak enlish as first languge?

                              Try to be a little more considrate

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