Divorce after 6 month permanent resident (2 year conditional green card)

[diana84]

Hi, I am looking for advice on how should I do in my current situation... My husband is a US citizen. I marry my husband in Thailand in 2009 and we have ceremony and full wedding (pictures, family and everything) but did not do the paperwork to make marriage legal. We have son together born in 2011. Then in 2006 we do the paperwork and legal marry in Thailand. Then in July 2017 we apply green card for me and come to USA in Sept 2017.

My problem is I am not happy with marry now. We live with his family and I find out he lie about a lot of thing and his family too. He not tell me we not do the paperwork make legal when we marry in 2009 because he still marry in USA, but not finish divorce so that why we wait. He also do the bankruptcy and his family do it too. He also have anger problem, and police arrest him and charge him for fight with family at their house and breaks stuff. So I'm scared for me and my son and don't know what else they hide from me. I don't trust him and his family anymore, but don't want to lose green card if divorce.

I read online I can do the I-751 for the 10 year green card if divorce, do the waiver and say divorce. I cannot find out if I need divorce first then do the I-751 or do the I-751 before file divorce. What to do and when to do? C

Can someone please help? thank you so much!

[newacct]

Hi, I am looking for advice on how should I do in my current situation... My husband is a US citizen. I marry my husband in Thailand in 2009 and we have ceremony and full wedding (pictures, family and everything) but did not do the paperwork to make marriage legal. We have son together born in 2011. Then in 2006 we do the paperwork and legal marry in Thailand. Then in July 2017 we apply green card for me and come to USA in Sept 2017.

My problem is I am not happy with marry now. We live with his family and I find out he lie about a lot of thing and his family too. He not tell me we not do the paperwork make legal when we marry in 2009 because he still marry in USA, but not finish divorce so that why we wait. He also do the bankruptcy and his family do it too. He also have anger problem, and police arrest him and charge him for fight with family at their house and breaks stuff. So I'm scared for me and my son and don't know what else they hide from me. I don't trust him and his family anymore, but don't want to lose green card if divorce.

I read online I can do the I-751 for the 10 year green card if divorce, do the waiver and say divorce. I cannot find out if I need divorce first then do the I-751 or do the I-751 before file divorce. What to do and when to do? C

Can someone please help? thank you so much!

You should file for divorce first. You should file I-751 based on divorce when your divorce is final (you get the final divorce order), but if you reach the end of your 2-year card before the divorce is final, you should file I-751 anyway and they will wait for your divorce to finish.

[Lucky G]

Divorce after conditional Green Card-Advise needed

Can someone advise on how to move forward, Hi, I'm Lucky, Im still yet to file for divorce,
I entered into a marriage with my US citizen spouse, But due to the harassment, I faced a threat to my life. I came away from her home started living independently. I yet to file for divorce. My 2 yr conditional GC, is due for renewal on Jan2019. My wife has not responded to my various plea s to go through counseling, She even demanded money. Sho has cut off communication. When I went there she has sublet the house to many illegal tenants. How do I file for a waiver?

[montu86]

You should file for divorce first. You should file I-751 based on divorce when your divorce is final (you get the final divorce order), but if you reach the end of your 2-year card before the divorce is final, you should file I-751 anyway and they will wait for your divorce to finish.

I agree with above comment. I am in same situation as you. I got divorce after 1 yr of my mrg because she was cheated on me. I got a divorce and filed i-751. But make sure you have all evidence which shows that your mrg was genuine and due to some reason, you need to get divorce. You would need to submit those evidences with i-751.

Just an advice, get a divorce ASAP and file i-751 because removing condition on GC takes longer time nowadays.

[newacct]

Can someone advise on how to move forward, Hi, I'm Lucky, Im still yet to file for divorce,
I entered into a marriage with my US citizen spouse, But due to the harassment, I faced a threat to my life. I came away from her home started living independently. I yet to file for divorce. My 2 yr conditional GC, is due for renewal on Jan2019. My wife has not responded to my various plea s to go through counseling, She even demanded money. Sho has cut off communication. When I went there she has sublet the house to many illegal tenants. How do I file for a waiver?

You should file for divorce first. Find a divorce lawyer in your local area. When you get to the 90-day window before your 2-year card expires, file I-751, selecting divorce as the basis on the form, regardless of whether your divorce has been completed or not.

[UScitizenFilingforspouse]

Hi, I am looking for advice on how should I do in my current situation... My husband is a US citizen. I marry my husband in Thailand in 2009 and we have ceremony and full wedding (pictures, family and everything) but did not do the paperwork to make marriage legal. We have son together born in 2011. Then in 2006 we do the paperwork and legal marry in Thailand. Then in July 2017 we apply green card for me and come to USA in Sept 2017.

My problem is I am not happy with marry now. We live with his family and I find out he lie about a lot of thing and his family too. He not tell me we not do the paperwork make legal when we marry in 2009 because he still marry in USA, but not finish divorce so that why we wait. He also do the bankruptcy and his family do it too. He also have anger problem, and police arrest him and charge him for fight with family at their house and breaks stuff. So I'm scared for me and my son and don't know what else they hide from me. I don't trust him and his family anymore, but don't want to lose green card if divorce.

I read online I can do the I-751 for the 10 year green card if divorce, do the waiver and say divorce. I cannot find out if I need divorce first then do the I-751 or do the I-751 before file divorce. What to do and when to do? C

Can someone please help? thank you so much!

Diana84,

I am sorry this happened to you. It sounds like you have been in a tough spot for a while. Would you please clarify the dates you mentioned?
1. You said: 2009 - married husband in Thailand; 2011 - your son was born; But 2006 - did the paperwork to legally marry. Did you mean 2016?

2. Did your husband recognize your son in Thailand? Does his name appear on your son's birth certificate?

3. Do you have a record (with a date) of the ceremony that occurred in 2009? You must search for document that has your name and his name with dates. This can help you show how long you've known him. You can probably use the evidence that you used to apply for the Green Card from Thailand.

If your husband's name is on your son's birth certificate, that is another solid piece of evidence that you entered this marriage in good faith. In order to file for waiver to file the I-751 jointly, that is all you have to show - that you entered the marriage in good faith and not to get a Green Card. ***Important: Your son is a US citizen born abroad. Did you obtain a Consular Report of Birth Abroad or US passport for him? If you have not done it, know that he must be under the age of 18 at the time of application. At this point, he would just get a passport. I just wanted to share that he was eligible for that at the time of his birth.

https://travel.state.gov/content/trip-cancellation-insurance/en/international-travel/while-abroad/birth-abroad.html

Know that just because he is not throwing things at you or your son, that does not mean that breaking things around you or in your presence is not abuse. It is very much psychological abuse. He has created an intimidating environment and indirectly, that puts others under his control. So yes, that is abuse. He has also been arrested and charged. That's all on his record. So that adds to your evidence.

So you have plenty of evidence here to file for that waiver. You should have no issue getting that approved. However, it is not an easy process and it can be confusing. I would recommend seeking a good immigration lawyer. Here is a link to this document published by the Northwest Immigrant Rights. Filing a Form I-751 Waiver of the Joint Filing Requirement of the Petition to Remove Conditions on Residence.

http://www.nwirp.org/wp-content/uploads/2015/06/CommunityInfo_SSP_FillingAnI-751Waiver.pdf

Have an exit plan if staying there is not safe for you. Make sure to delete your browser history. Click on Settings, then Advanced settings, then clear browsing data. Never save passwords on the browser. If you look at that document, your computer will download it, make sure to delete it after you read it - to be safe.

By the way, you're eligible for citizenship 90 days before your 3rd year anniversary as a permanent resident while married to a US citizen. Do not delay that application either. Even if the I-751 has not been approved by the time you are eligible for citizenship, you can file for citizenship. Often times it forces the processing of your I-751 to go faster.

All the best to you.

[Angelo1]

Hi, I am going through a similar situation. I was married to my US spouse for 3 years and a half . She decided that this was not a good enough life for her so she decided to abandon me. She said that she will help me out with my GC renewal but we still havent started the process to get a divorce yet. What are my chances that I will get a GC renewal?