How to retain Greencard after divorce

[immihelp]

Hello,

I am writing to you to enquire about a situation that I am into and if you guys can help me regarding the same.

I am an Indian citizen who has been working in US on a H1B visa and still hold a visa. I got married to a US citizen in 2009 and got my Green Card processed based on her Citizen ship. I have a 2 year period which ends in Feb 2012 that will convert my green card from conditional approval to a permanent one.

During the past couple of months there have been issues with our marriage and things seem to be falling apart. I wanted to consult the attorneys if there is a way my legal status in USA be transferred back to a H1 B Visa or is there a way I can retain my green card in the event I file for a divorce with my spouse. I entered this marriage in a good will and not intending to acquire a Green card but unfortunately things aren’t moving the way I expected them to.

Please help and your kind suggestions will definitely be of immense help.

[immihelp]

You can not go back to H1, unless you surrender your greencard.

If you divorce before your conditional green card status is removed, you will lose your green card. (Unless she has been beating you up and there is a documented evidence of that.)

[LittleFrog]

I'm in a similar situation. My husband is an alcoholic, and there was abuse, both verbal and physical. In fact, there was an incident in which he hit me and I filed a police report. Unfortunately, I did not press charges and there was no concrete physical evidence. The report was filed though. I've been separated from him now for 6 months, though we are still on speaking terms.

If I do a divorce, what are the chances that this incident is enough to get the abuse exception you're talking about to keep my temporary visa? Or do I have to stay in this horrible marriage and try to stay friendly with him for another year to get my permanent visa?

Please help!

[daru786]

I'm in a similar situation. My husband is an alcoholic, and there was abuse, both verbal and physical. In fact, there was an incident in which he hit me and I filed a police report. Unfortunately, I did not press charges and there was no concrete physical evidence. The report was filed though. I've been separated from him now for 6 months, though we are still on speaking terms.

If I do a divorce, what are the chances that this incident is enough to get the abuse exception you're talking about to keep my temporary visa? Or do I have to stay in this horrible marriage and try to stay friendly with him for another year to get my permanent visa?

Please help!

If USCIS looks at abused/battered spouses case, they must have evidence or else forget it. My personal advice is to stick with him, only if there is no of physical abuse or if its not life threatening. Unfortunately you are the only one who knows him and not us. You have to be strong and think really hard if you want to be with him just for the Green Card or to work things out.

[LittleFrog]

So, you're saying a police report is not enough evidence? I'd need pictures of significant wounds and hospital records or something to even have a chance?

[daru786]

So, you're saying a police report is not enough evidence? I'd need pictures of significant wounds and hospital records or something to even have a chance?

Correct. They may can consider one incident an isolated incident. Please do not put yourself in any kind of danger for a green card. Google "battered spouse's and green card". If you have any problems, let me know and I will try to get you some information. Lately this has been very common. This has happened both ways. Once one of the spouse gets his/her permanent residency then starts abusing the petitioner because they don't need him/her anymore.
I recall a member asking me that today she received her 10 year green card and wanted to know how to proceed for divorce.
God Bless!

[jain_pk]

Wrong

You might be doing the wrong thing if you are planning to stick with your abusive spouse. If you entered marriage in good faith, have proof ( joint account, same address, marriage pics, post conditional GC pics , tax transcripts jointly filed ) and your police report, you are 99.999 % going to be approved for filing by yourself. Please look up details on I-751 filing. Many many people do it very very successfully. However, if you are in the marriage just for GC, now thats a fraud.