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Pending Removal of Condition/ About to File a Divorce

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  • newacct
    replied
    Originally posted by happyman_01 View Post
    The card is YOURS BASED ON YOUR MARRIAGE to an AMERICAN---if you would have been denied a B2 visa to come here and stay, then to think that you are "owed" anything or can just stay here is WRONG.
    And the OP was married to an American at the time they got the card.

    Originally posted by happyman_01 View Post
    Now, if things are going the way you say they are---WORK ON THE MARRIAGE--UNLESS it was only a ploy to get a green card. Start marriage therapy and work on the marriage!
    Many marriages in the US end up falling apart. It's unfortunate but a fact of life. Some marriages can be worked out and some can't. Whether the marriage can be worked out is the two people's own personal business. Neither party has an obligation to "work on" the marriage, for immigration or any other reason.

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  • happyman_01
    replied
    The card is YOURS BASED ON YOUR MARRIAGE to an AMERICAN---if you would have been denied a B2 visa to come here and stay, then to think that you are "owed" anything or can just stay here is WRONG.

    Now, if things are going the way you say they are---WORK ON THE MARRIAGE--UNLESS it was only a ploy to get a green card. Start marriage therapy and work on the marriage!

    Leave a comment:


  • jocel1986
    replied
    Ok. Thank you very much for your help. He asked me few days ago why I haven't filed the divorce yet. I told him to be patient because I still have some bills to pay that i need to prioritize and he was like if you won't file it soon then you have to work this out. I'll check on here from time to time maybe someone else can help me with my other concern. Thank you...

    Leave a comment:


  • newacct
    replied
    The card is between you and the government; he has no right to have it and has no business telling you what to do with it. He also cannot "not allow you to stay"; he has no such power. The only things he can do are 1) file for divorce and/or 2) withdraw from the joint ROC filing. That's it. What I don't understand is if he really thinks you "used him" or whatever, why he hasn't filed for divorce already.

    The jointly-filed ROC can be approved as long as you are still married and the marriage was not entered into to evade immigration laws. This is true even if they know you're separated or have filed for divorce. As to whether you have any obligation to inform them if you file for divorce while a jointly-filed ROC is pending, I am not sure about this. Maybe someone else can chime in on this. I guess this is not a situation that happens very much -- usually if divorce happens during ROC it's either because the other party filed it, or because the other party won't jointly file the ROC or won't attend the interview, in which case it's necessary to divorce and switch ROC to be based on divorce.

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  • jocel1986
    replied
    Follow up question. What if i file the divorce soon while the case is still pending? What should i do? Should i send them my divorce decree if they already approved my ROC? Thanks.

    Leave a comment:


  • jocel1986
    replied
    Thank you so much for replying to my post. It really makes me devastated whenever he tells me he invested all his time and money just for me to get here. He even told me to give him the green card once I received it or tear it apart and go home. He said that he will not allow me to stay here if i will just divorce him and that he cant accept if i meet someone new. I guess I'll just wait for the decision or if they send me a letter requesting for an interview then i will be very honest with what is happening and he knows that we myt have interview and told him if he really thinks i just used him then he is welcome to report me but then they will ask him proof and evidences and i really know in my heart I loved him and I am sorry that things didnt work out for us. I know that he is heart broken but he cant let me force to stay married with him just because he is hurting. Again, thank you very much.

    Leave a comment:


  • newacct
    replied
    It's a really despicable and ignorant notion that some Americans have that they "own" your immigration status if they "brought you here". That's completely wrong. Once you become a permanent resident, your status is between you and the government; it's not up to his whims.

    He can "report" his lies to authorities, but that doesn't mean they will believe him. They are not stupid and will determine the facts for themselves.

    In my opinion, you don't have to do anything right now. You are still married and so you still qualify for jointly-filed ROC to be approved. Most jointly-filed ROC cases are approved without interview; and if this is the case, great. Some have interviews. If they find out about, or someone tells them about, supposed marital difficulties, or false accusations of fraud, that might increase the chance of an interview. If you have an interview, then there's the question of whether your husband will be willing to attend and cooperate. If he is not willing to attend, or if he otherwise withdraws from the application or something like that, then you must file for divorce immediately and change your ROC application to be based on divorce. If he is willing to attend and cooperate but it is revealed that you guys are separated or contemplating divorce, the officer might ask you whether you want to switch the case to be based on divorce or stay as it is; if you choose to continue the case as is, the officer will judge the bona fides of your marriage so far; if you choose to switch to be based on divorce, then you should file for divorce immediately.

    Leave a comment:


  • Pending Removal of Condition/ About to File a Divorce

    Hello guys! I need help. I was married to a US citizen in 2013 in good faith. I filed for the removal of conditions in Nov of 2015. Had my biometrics in Dec last year and it's still pending 'til now. I love my husband so much but then realized his priorities are a little bit twisted. He would constantly go out with friends, go home late and drunk. He would tell me he still needs a life outside work and home which is understandable but going out constantly, spending money, is not acceptable specially if you are a married guy. He doesn't help me with household chores. I work full time and when I get home, I still need to do everything at home. We've been fighting about this but nothing has changed. He would try to change but only for a week or 2 then goes back to the same. I pay half of every bills we have (he also let me pay half of the car note, half of the insurance and half of the gas {i dont know how to drive and i take the bus to work everyday}). He doesnt know how to save money for our future.(I am 29 and been wanting to have a baby soon but worried because of his lifestyle) We've been married for almost 3 years and been paying half of everything, but he doesnt have savings at all because of this lifestyle he has and his weed addiction. all the liitle money he got goes to those. He has been very stressful to be with, he would cuss and shout over little things. all these things he did made me very very stressed out, depressed and unhappy with our marriage. We have been fighting over these things for over a year now and I already made a decision to finally file a divorce at the end of this year. He would tell me mean things like I am so evil and that I just used him for a green card. He even told me that I should go back home to the Philippines and give him my green card because he brought me here. He would accuse me that I cheated on him that's why I am divorcing him. He would tell me that he's gonna kill himself if i leave him. I am a very stressful person and working my butt off so I can support my dad who got sick (Parkinson's Disease) a year ago and it would really very devastating if Immigration will deport me. I know in my heart I loved my husband and it's not my fault why I lost interest in him. My question is,since my papers ares till pending, should I inform USCIS that I am planning to divorce him at the end of this year? and Also, should I hire an attorney if in case he will report me to immigration and tell them that I scammed him? Thank you very much.
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