USC Wants Separation AFTER Filing Joint I-751 - HELP!
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Hi All,
Your boards have been a tremendous help to my whole application process, only now -- I've very stumped and hope that somebody can give me good advice.
My marriage to a US Citizen is totally bona fide. Got married in a civil service Jan 2005 and we had successfully been through the AOS interview after which I got my CR. We had to apply for removal of conditions this July, which we did, where he was more concerned about getting the time right than I was. About a month after we applied for removal of conditions, he told me that he wanted a divorce -- no explanation, just that he wasn't in love with me anymore.
I have no real home country -- I have never lived in the country of my citizenship. Essentially, I grew up in a country where one needs sponsorship. I gave up my sponsorship when we got married and I moved to the US. Although I will only experience extreme hardship financially and emotionally -- I doubt this will be a good enough cause to apply under that reason.
My husband wants us to separate if possible. As far as I know we need to maintain the same residence. He might be willing to do this -- it depends on his moods.
I have no money of my own -- joint finances, he has all the control. I have credit cards in my name -- again, he uses them. I am kept in the house for weeks/months and have been isolated from society. I have no driver's license because he has not taken me to get it. Essentially, I have been asked to leave if I can with no resources and no options.
What I need to know is this. Is there some way we can live separately and still have me get my green card? If there are no options, and it's completely useless, I need to know.
Thank you very much for taking the time to read this! If I haven't given you all the facts you need, please feel free to ask.
Your boards have been a tremendous help to my whole application process, only now -- I've very stumped and hope that somebody can give me good advice.
My marriage to a US Citizen is totally bona fide. Got married in a civil service Jan 2005 and we had successfully been through the AOS interview after which I got my CR. We had to apply for removal of conditions this July, which we did, where he was more concerned about getting the time right than I was. About a month after we applied for removal of conditions, he told me that he wanted a divorce -- no explanation, just that he wasn't in love with me anymore.
I have no real home country -- I have never lived in the country of my citizenship. Essentially, I grew up in a country where one needs sponsorship. I gave up my sponsorship when we got married and I moved to the US. Although I will only experience extreme hardship financially and emotionally -- I doubt this will be a good enough cause to apply under that reason.
My husband wants us to separate if possible. As far as I know we need to maintain the same residence. He might be willing to do this -- it depends on his moods.
I have no money of my own -- joint finances, he has all the control. I have credit cards in my name -- again, he uses them. I am kept in the house for weeks/months and have been isolated from society. I have no driver's license because he has not taken me to get it. Essentially, I have been asked to leave if I can with no resources and no options.
What I need to know is this. Is there some way we can live separately and still have me get my green card? If there are no options, and it's completely useless, I need to know.
Thank you very much for taking the time to read this! If I haven't given you all the facts you need, please feel free to ask.
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Is there some way we can live separately and still have me get my green card?
First - protect yourself. Get out of the house if you feel unsafe. Go to a women's shelter if you have to... but protect yourself. Next, file for divorce... many shelters keep a pro bono lawyer on retainer.
You *do* have options.
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Remembering he did sign an Affidavit of support ..which is legally binding
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And which can translate into alimony to you at the level of the poverty guidelines plus 25% for your living area.
Before you do anything and I do mean, anything, get all your immigration papers together from the past and gather as much current evidence that proves your ongoing marriage. You will need this in the future. Also get a copy of your marriage license and if at all possible be sure that you have his birth certificate copy.
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Hi All,
Thank you so much! You have certainly give me some hope.
I do not want anything from him, besides -- he's in so much debt and has dragged me into it too -- there's no way he'll be able to pay me anything. I have friends who have offered to send me some money to get me on my feet. In other words, claiming abuse and suing him is not really something I want to do -- I just want a clean break.
I do have all the immigration papers and he won't have any objection to me taking them.
I have spoken to some friends of mine who are willing to help me -- they are in different parts of the States. The only thing that was stopping me was a conversation that I had with a fellow immigrant, a friend of my father's who deals with immigration. He pretty much told me I had to stay in the same house no matter what because that is the basis of the application and that if I moved out it would render the application null and void.
Ian, are you sure it's okay to move out? Would it be okay if I moved to another State and took up a job there?
Also, don't they usually interview multi-racial couples? I am an Indian citizen and he's a caucasian American. What makes you think we probably won't get called in for an interview? Also, how long do you think it will take to get my 10-year residence? I've been told 8-12 months.
Again, thank you - hugs to all! I shall definitely seek out an immigrant woman's group, that's a really great idea.
Thank you so much! You have certainly give me some hope.
I do not want anything from him, besides -- he's in so much debt and has dragged me into it too -- there's no way he'll be able to pay me anything. I have friends who have offered to send me some money to get me on my feet. In other words, claiming abuse and suing him is not really something I want to do -- I just want a clean break.
I do have all the immigration papers and he won't have any objection to me taking them.
I have spoken to some friends of mine who are willing to help me -- they are in different parts of the States. The only thing that was stopping me was a conversation that I had with a fellow immigrant, a friend of my father's who deals with immigration. He pretty much told me I had to stay in the same house no matter what because that is the basis of the application and that if I moved out it would render the application null and void.
Ian, are you sure it's okay to move out? Would it be okay if I moved to another State and took up a job there?
Also, don't they usually interview multi-racial couples? I am an Indian citizen and he's a caucasian American. What makes you think we probably won't get called in for an interview? Also, how long do you think it will take to get my 10-year residence? I've been told 8-12 months.
Again, thank you - hugs to all! I shall definitely seek out an immigrant woman's group, that's a really great idea.
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If you move out before the I-751 is adjudicated, you will have to refile an I-751 with a waiver as grounds that you entered into the marriage in good faith and you have proof of such as soon as your divorce is final. even if the I-751 is adjudicated.
So yes, there is a bit more to do if you leave before it is approved but that bridge is very wide and negotiable.
So yes, there is a bit more to do if you leave before it is approved but that bridge is very wide and negotiable.
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Ian, are you sure it's okay to move out? Would it be okay if I moved to another State and took up a job there?
Also, don't they usually interview multi-racial couples?
What makes you think we probably won't get called in for an interview?
Also, how long do you think it will take to get my 10-year residence? I've been told 8-12 months.
Ian
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Hi All,
Thank you so much! You have certainly give me some hope.
I do not want anything from him, besides -- he's in so much debt and has dragged me into it too -- there's no way he'll be able to pay me anything. I have friends who have offered to send me some money to get me on my feet. In other words, claiming abuse and suing him is not really something I want to do -- I just want a clean break.
I do have all the immigration papers and he won't have any objection to me taking them.
I have spoken to some friends of mine who are willing to help me -- they are in different parts of the States. The only thing that was stopping me was a conversation that I had with a fellow immigrant, a friend of my father's who deals with immigration. He pretty much told me I had to stay in the same house no matter what because that is the basis of the application and that if I moved out it would render the application null and void.
Ian, are you sure it's okay to move out? Would it be okay if I moved to another State and took up a job there?
Also, don't they usually interview multi-racial couples? I am an Indian citizen and he's a caucasian American. What makes you think we probably won't get called in for an interview? Also, how long do you think it will take to get my 10-year residence? I've been told 8-12 months.
Again, thank you - hugs to all! I shall definitely seek out an immigrant woman's group, that's a really great idea.
Thank you so much! You have certainly give me some hope.
I do not want anything from him, besides -- he's in so much debt and has dragged me into it too -- there's no way he'll be able to pay me anything. I have friends who have offered to send me some money to get me on my feet. In other words, claiming abuse and suing him is not really something I want to do -- I just want a clean break.
I do have all the immigration papers and he won't have any objection to me taking them.
I have spoken to some friends of mine who are willing to help me -- they are in different parts of the States. The only thing that was stopping me was a conversation that I had with a fellow immigrant, a friend of my father's who deals with immigration. He pretty much told me I had to stay in the same house no matter what because that is the basis of the application and that if I moved out it would render the application null and void.
Ian, are you sure it's okay to move out? Would it be okay if I moved to another State and took up a job there?
Also, don't they usually interview multi-racial couples? I am an Indian citizen and he's a caucasian American. What makes you think we probably won't get called in for an interview? Also, how long do you think it will take to get my 10-year residence? I've been told 8-12 months.
Again, thank you - hugs to all! I shall definitely seek out an immigrant woman's group, that's a really great idea.
When you move, you must *notify* USCIS within 10 days; there is an online form you can complete (AR-11). You can also search on my name + 'overkill' for more address changing tips.
This article helps spell out some of the things we're talking about in shorthand here. It will give you a foundation for your other research: FAQs: CHANGES IN FAMILY STATUS ON THE IMMIGRATION PROCESS ~ DIVORCE
Be sure to read the 'Flash memo'.
It's typical for the I-751 to take up to a year, but you will have a letter extending your Green Card validity during that time.
Courage!
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Thank you so much everybody! This is very encouraging
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