I got here in USA last September 27, 2015 under CR1 visa. I am from the Philippines. We are staying together for 8 months now. The first 5 months was ok, until I found out that my husband is still contacting his ex-girlfriend, from there things changed. I can say that we are not getting along so well now. One day, I found out that the guy that I met before my husband was is here. We've met. I want to divorce my husband because things now are different and we can't get along so well. It will be good if we will have separate lives. We're married in the Philippines but we didn't marry here in USA.
Immigration Law has become something of a specialty among lawyers because the laws and regulations change and they are complicated to begin with. I cannot answer your question. I suggest you find an immigration lawyer (perhaps online, or through your State Bar Referral Service, the Yellow Pages, or through friends), who would be far more competent than I to answer your question. Good Luck.
Sorry to learn about the problems with your marriage and your consideration of divorce. A foreign national who has become a Conditional Resident through a marriage-based petition indeed may divorce. During the 90-day period when the foreign national is required to file an application to remove conditions, she may do so by herself with a request to waive the usual requirement that the couple file the application jointly. To succeed with that, the USCIS will require convincing documentary evidence that the couple lived together in a bona fide marriage notwithstanding that the marriage ended in divorce. If the petition to remove conditions were to become denied, it indeed would be possible for the foreign national to become married to another U.S. citizen and to commence a new marriage-based adjustment of status application. In that process, however, the USCIS can be expected to require proof that both the first marriage and the second marriage were bona fide and not entered just to seek immigration benefits. The details and circumstances you described, and their connection with immigration-related strategies, are complex. If you are unable to resolve issues in your present marriage - perhaps with the assistance of a marriage counselor or other professional - and you decide to become divorced, you should consult with an immigration attorney to address immigration-related eligibilities, options and strategies.
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