I'm about to get a divorce

[Victoryuhh Echavez Aviso]

I would like to ask help from you, Me and my son we're petitioned by my husband to come here to US (k1 for me and k2 for my son) we've been married 6mos and we decidedd to file a divorce because it's not really working out. He is a very different person from what I know of him. I'm asking help on what to do so that me and my son could still stay here in US Legally.

[Trinity71]

I'm about to get a divorce

I would like to ask help from you, Me and my son we're petitioned by my husband to come here to US (k1 for me and k2 for my son) we've been married 6mos and we decidedd to file a divorce because it's not really working out. He is a very different person from what I know of him. I'm asking help on what to do so that me and my son could still stay here in US Legally.

Once you married, you probably received a conditional 2 year Greencard. Unfortunately, the conditional part means once you divorce, your Greencard will be revoked and you will not be able to stay in the U.S.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

[PKumar01]

File a waiver

If it's been 6 months since you married, then you've already filed the I-485 (Adjustment of status).
This means that your 2-year conditional green card is on the way.

Divorce after the K1 visa process DOES NOT mean automatic denial. You can file a waiver. From the sound of your situation, I'm sure you'll be granted the waiver to 'petition separately' for your permanent resident card. In fact, I've got a great resource for you on this.. please don't worry, I think you'll be fine. Unless I missed some detail from your case.

As long as you can prove that your marriage was 'bona fide' (you married with good intentions..meaning no immigration fraud). Then you can file the waiver during your I-751 removal of conditions.

Good luck, please let us know how it goes...I'll be waiting to hear back from you.

[rayb]

The original poster did not tell us whether the Adjustment of Status had been submitted and whether she has her Green Card or not. If she has not filed her Adjustment of Status and divorces, she loses her legal basis for a Green Card and must "self-petition," uaing form I-360, based on emotional or physical abuse from her husband (if it can be proven by evidence).

If she has her Green Card, then she can report her divorce to USCIS and request a waiver with form I-751. Or she can wait until she is within 3 months of expiraton of her Conditional Green Card and then request an I-751 waiver from joint filing because of the divorce.

--Ray B

If it's been 6 months since you married, then you've already filed the I-485 (Adjustment of status).
This means that your 2-year conditional green card is on the way.

Divorce after the K1 visa process DOES NOT mean automatic denial. You can file a waiver. From the sound of your situation, I'm sure you'll be granted the waiver to 'petition separately' for your permanent resident card. In fact, I've got a great resource for you on this..please don't worry, I think you'll be fine. Unless I missed some detail from your case.

As long as you can prove that your marriage was 'bona fide' (you married with good intentions..meaning no immigration fraud). Then you can file the waiver during your I-751 removal of conditions.

Good luck, please let us know how it goes...I'll be waiting to hear back from you.

[PKumar01]

Ray B,
Good catch. It seems natural that she would've already filed for her adjustment of status.
Assuming she did file it, then she can file for a waiver once it comes time for the I-751.
If she hasn't filed the I-485 and filed for divorce, then you're right, she might be denied residency.
thanks

[rayb]

PK,

If she filed for Adjustment of Status, it may be too early fro her GC to show up, and an Adustment interview is standard for MOST Adjustment Filers. If she gets the GC without an interview, she is then good for two years. If an interview is required and her husband or ex-hubby (I don't think she is divorced yet) doesn't go with her to the interview, she will be denied. If they go to the interview together and they admit the divorce has started, they will be denied. If they don't mention the divorce and have evidence of living together, they might slide through (I know of a couple that this happened to, the interviewer didn't ask and they didn't tell).

--Ray B

Ray B,
Good catch. It seems natural that she would've already filed for her adjustment of status.
Assuming she did file it, then she can file for a waiver once it comes time for the I-751.
If she hasn't filed the I-485 and filed for divorce, then you're right, she might be denied residency.

[Nas6543]

I'm about to get a Divorce too...

Hello - I married my wife in July, 2013 in Amman Jordan. After applying for a marriage based visa it was approved February 2014. She entered the United States March 31, 2014. There was a few issues, I forgot to make a payment and it was lost in the mail. So she just got her conditional green card August 2015. She also accused me of Assault & Battery and was arrested. Trial still pending.... She completely lied and I'm being accused of grabbing her arm. Not only that, she said I have been always abusive. Which is not true. It's been a nightmare... I even found pictures of her kissing and going on vacation with some guy with the ring I got her a week after we were married and I left Amman. We are going through a divorce, but adultery isn't easy to prove. If I get a no fault divorce will it be easier for her to get her green card? That is, does a non-fault divorce mean the marriage was legit? I'm hurt, I loved her and I want to get this marriage over with. A no fault divorce will do that for me and let me move on, but I don't want her to get away with her lies.

[rayb]

A "no-fault" divorce just means there is no required proof of fault by either party in order to complete the divorce. Its effect on a "Removal of Conditions" for the 10-year Green Card would be no different than a standard "fault" divorce (most states are now "no-fault" divorce states in the U.S.

--Ray B

Hello - I married my wife in July, 2013 in Amman Jordan. After applying for a marriage based visa it was approved February 2014. She entered the United States March 31, 2014. There was a few issues, I forgot to make a payment and it was lost in the mail. So she just got her conditional green card August 2015. She also accused me of Assault & Battery and was arrested. Trial still pending.... She completely lied and I'm being accused of grabbing her arm. Not only that, she said I have been always abusive. Which is not true. It's been a nightmare... I even found pictures of her kissing and going on vacation with some guy with the ring I got her a week after we were married and I left Amman. We are going through a divorce, but adultery isn't easy to prove. If I get a no fault divorce will it be easier for her to get her green card? That is, does a non-fault divorce mean the marriage was legit? I'm hurt, I loved her and I want to get this marriage over with. A no fault divorce will do that for me and let me move on, but I don't want her to get away with her lies.