Tweet
Withdraw current I-130 and file new I-130 or file I-751 waiver after divorce?
Background
Aug 2011 Entered US on H1B and still on H1B
April 2013 Met my wife while living in San Antonio
March 2014 Moved to Dallas for new Job
Aug 2014 Got married
Oct 2014 My parents from India visit her parents
Mar 2015 Applied I-130/I485
May 2015 Fingerprinting done
Jun 2015 EAD card received.
Problems:
We have dated and ours were a love marriage but with time it has taken a different turn given the circumstances. Even though we had talked about the cultural and religious differences in real life it is harder than we thought and has required a lot of compromise and flexibility from both sides. Adding to the troubles long distance and only time to see each other during weekends and holidays does not help either. My wife is really depressed and is doubtful of the decision of marrying and also suggested for divorce.
Questions:
I plan to marry someone else after our divorce and I want to know what is harder to withdraw my application now and later file a new I-130 and I-485 with new spouse or wait till I get a conditional GC and then get a divorce and file aI-751 waiver.
I know in the case of a waiver I need to prove good faith marriage which should be ok as we did have a good faith marriage and even though we could not live together we have joint medical insurance, life insurance, car insurance, she is also authorized user of my credit cards. I also have proofs of our time spent together pics; receipts also went to trips with family and friends have photos and bookings records.
More background: Before our relationship turned meh, (which was right after fingerprinting) the plan was for me to move back to San Antonio on the EAD and start living together. She could not move to Dallas with me as she is working on her PHD and we both wanted to continue on it. While in Dallas I was looking for Jobs back in San Antonio and I did manage to get several interviews like USAA, Dell, Charles Schwab etc. but all turned me down as they did not wanted to sponsor my H1B. The other offers on H1 were not as good in terms of salary and health insurance benefits which I have currently with my job in Dallas. I have been travelling to San Antonio every other weekend to see her. She also comes to Dallas the weekends I am not able to drive to San Antonio. Now since the situation has changed I decided to not use the EAD and continue on my H1B. My employer also started my Perm Application I have to upload my documents and get the process started. So I will have my work based GC application and my current H1B to maintain status.
My wife and me we still talk and deciding on approaches to save the marriage like going to marriage counselling, going for a vacation etc. But what I doubt is since the initial love is no longer there and in spite of being good friends we still might separate and file for a divorce.
Aug 2011 Entered US on H1B and still on H1B
April 2013 Met my wife while living in San Antonio
March 2014 Moved to Dallas for new Job
Aug 2014 Got married
Oct 2014 My parents from India visit her parents
Mar 2015 Applied I-130/I485
May 2015 Fingerprinting done
Jun 2015 EAD card received.
Problems:
We have dated and ours were a love marriage but with time it has taken a different turn given the circumstances. Even though we had talked about the cultural and religious differences in real life it is harder than we thought and has required a lot of compromise and flexibility from both sides. Adding to the troubles long distance and only time to see each other during weekends and holidays does not help either. My wife is really depressed and is doubtful of the decision of marrying and also suggested for divorce.
Questions:
I plan to marry someone else after our divorce and I want to know what is harder to withdraw my application now and later file a new I-130 and I-485 with new spouse or wait till I get a conditional GC and then get a divorce and file aI-751 waiver.
I know in the case of a waiver I need to prove good faith marriage which should be ok as we did have a good faith marriage and even though we could not live together we have joint medical insurance, life insurance, car insurance, she is also authorized user of my credit cards. I also have proofs of our time spent together pics; receipts also went to trips with family and friends have photos and bookings records.
More background: Before our relationship turned meh, (which was right after fingerprinting) the plan was for me to move back to San Antonio on the EAD and start living together. She could not move to Dallas with me as she is working on her PHD and we both wanted to continue on it. While in Dallas I was looking for Jobs back in San Antonio and I did manage to get several interviews like USAA, Dell, Charles Schwab etc. but all turned me down as they did not wanted to sponsor my H1B. The other offers on H1 were not as good in terms of salary and health insurance benefits which I have currently with my job in Dallas. I have been travelling to San Antonio every other weekend to see her. She also comes to Dallas the weekends I am not able to drive to San Antonio. Now since the situation has changed I decided to not use the EAD and continue on my H1B. My employer also started my Perm Application I have to upload my documents and get the process started. So I will have my work based GC application and my current H1B to maintain status.
My wife and me we still talk and deciding on approaches to save the marriage like going to marriage counselling, going for a vacation etc. But what I doubt is since the initial love is no longer there and in spite of being good friends we still might separate and file for a divorce.
