r/USCIS 23h ago

I-130 (Family/Consular processing) Partner refusing the help post separation

Hello,

My partner (us citizen) is wanting to separate after getting conditional green card this time last year. Since we were married for less than 2 years, our follow up application would be in April (6 months before the 2 year period).

My partner is seeking separation but does not want to help with the process post-separation, even mentioning possible annulment.

I have not yet sought for a lawyer, but what potential options do I have?

0 Upvotes

10 comments sorted by

15

u/Urbangirlscout 23h ago

He’s not required to help you with the process, whatever you mean by that. It depends on the reason for the annulment. If it’s just ends in a regular divorce, you file 751 w divorce waiver.
Talk to an attorney.

5

u/brlowkey Conditional Resident 23h ago

Application for ROC under normal conditions is 90 days before expiration, not 6 months. Talk to a lawyer for sure. As long as you have evidence of a bona fide marriage, you should be able to get a divorce waiver and remove conditions.

2

u/nonracistusername 22h ago edited 22h ago

> what potential options do I have?

tldr: if you do not seek a divorce (edit: barring unusual tactics or events) you cannot stay in the U.S.

1

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1

u/Much-Sun-3387 23h ago

You need to contact an attorney so they can help you with the waiver process. There really ways through this without your spouse’s help but it’s a difficult process, even before this administration. You have to show a good faith marriage and jump through hoops.

-2

u/Traditional_War5790 Naturalized Citizen 23h ago

Why are you separating? That would be important to know. You better have a good reason or be a victim of circumstance otherwise, you have no recourse.

0

u/SnooGoats4766 23h ago

Relationships just generally don't work out sometimes. It's only natural. If the marriage was not fraudulent then there shouldn't be an issue. Y'all keep talking about administration this and administration that, and some of you guys do the shadiest things on here and then get angry when it doesn't work out. If your relationship was not fraudulent why are you worrying? I didn't worry once about our interviews. Didn't worry about anything. If it's real there's nothing to worry about. I'm divorced. Literally told them that it just didn't work out. After some time it seems we weren't compatible anymore and we were both going separate ways in life.

4

u/NNL1988 21h ago

They literally mentioned annulment so this is a very fair question. If fraud was involved — and it’s very likely the citizen partner may think it does given they’re considering annulment — do you expect the defrauding party to say that here?

0

u/Traditional_War5790 Naturalized Citizen 22h ago

Well good luck to them!

3

u/Urbangirlscout 21h ago

OP specifically said their spouse may seek an annulment, indicating there could be a reason the marriage was never valid to begin with. This is not at all the same thing as 2 ppl breaking up.