WorriedNConfused

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.

ian-mstm

There is a good chance that your application will be approved without interview. Most are approved without an interview.


Yes... living together is not required. By the way, you *have* a green card with all the rights that go with it. You *are* a permanent resident until an immigration judge says you aren't. Check into the VAWA (... Google is your friend). From what you've described, you have a good shot at an abuse waiver.

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.

Ian

Ray

Remembering he did sign an Affidavit of support ..which is legally binding

Rete

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.

ian-mstm

Ray is right. Your husband signed the I-864 which is binding even if you divorce. We know of at least one situation where the beneficiary successfully sued the spouse for support at 125% of the poverty level - and it was upheld in court. This is also an option for you.

Ian

WorriedNConfused

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.

Rete

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.

ian-mstm

Your friend is only partially right. To remove the conditions on your GC, you must be able to demonstrate a viable and ongoing relationship - something, of course, which isn't demonstrated if you're living someplace else. However, you are allowed to file on your own, once your divorce is final and, in the meantime, if you are approved without an interview - well... congratulations, you beat the system.


You *are* a US permanent resident... you can live and work anywhere in the US. Be sure to file form AR-11 when you move.


No.


Well... 90+% of I-751 applications are approved without an interview.


Yes... it could be that long or longer. It doesn't matter. You filed the I-751 on time and that is the *single* criteria for maintaining your status as a PR. Even if that I-751 is subsequently denied, there is an appeal process and you *are* a PR until an immigration judge says you aren't.

Ian

meauxna

First of all: It is 100% OK for you to move even though you are an immigrant (some of the ideas people get!).
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!

WorriedNConfused

Thank you so much everybody! This is very encouraging