pugetsoundbrit

I married my wife (USC), in Seattle, in Jan 2002. We then applied to the British Consulate in LA for her to be allowed into the UK, which was granted. Lived in UK together until early 2003 (in other words, approximately a year), at which point my wife wanted us to move to the US in order to be closer to her family (and attend college, something I now know was of much more importance to her than our marriage, but c'est la vie). She moved back ahead of me at the end of Jan 2003, while I finished applying through the US Embassy in London. My application was approved and I entered the US at the end of April 2003, receiving a Conditional Green Card. We quickly moved into an apartment and have lived there together since. I have a good job and have supported her ever-blossoming gym-going and Weight Watchers meeting-attending career ...

Now, 5 months later (so after 20 months of marriage), my wife has told me she no longer loves me (you could say that we haven't been getting along too well). Given this, I intend to seek a divorce, which she seems happy with (though she didn't suggest it). I've got a few questions that I'm hoping you might be able to answer. Here in WA, divorce is no-fault; however, will it make any difference, if I were to decide to try and stay in the US after the divorce becomes final (which will be December/January 2004 by filing I-751 for Removal of Conditions), which of us actually petitions for divorce? Basically, will the INS look badly on ME initiating proceedings? I'm sure she'll be happy to do it

Secondly, I do not have such good evidence of a good-faith marriage as, for example, children. The total of evidence available is: statements from our joint bank account (our only account) from May to date; a (lot of) utility, cable, telephone, etc. bills and my wage slips for the same period, some in my name, some in my wife's (none in both names, but all are for the same address at the same time, etc.); a recently-signed car loan agreement in both our names. I could probably find a few more things too. I also have limited evidence of us living together in the UK, and can prove that she was granted UK entry after our marriage. Finally, her parents, who are somewhat disapproving of her decision, will willingly supply affidavits re the genuine nature of the marriage (fingers crossed they still feel this way when the divorce is finalised). Erm ... my question? Will this be enough? To my mind, marrying in the US and then returning for a year to the UK to live must surely demonstrate that one was not marrying in order to gain entry, but then maybe I'm capable of anything ...

One more thing though, one I hope will not be of huge import. After arriving in April, we gave her parent's address to the INS as my address. We stayed there for no more than a week or two, and then moved into our own rented apartment, but didn't notify anyone of this change of address. I've just realised this today and will send off the form ... well, immediately ... but is this likely to make any real difference should I decide to apply for the removal of conditions on my own once our divorce is finalised?

Am making kinda light of the situation since is still daytime and it all seems less devastating during the day.

Terry

Andy Platt

"pugetsoundbrit" <member@british_expats.com> wrote:

    > however, will it make any difference, if I were to decide to try and
    > stay in the US after the divorce becomes final (which will be
    > December/January 2004 by filing I-751 for Removal of Conditions), which
    > of us actually petitions for divorce? Basically, will the INS look badly
    > on ME initiating proceedings? I'm sure she'll be happy to do it

You *have* to file the I-751, she can never ever file it because it's *your*
petition. That's regardless of whether you are filing it jointly or not. The
best advice is to file when you become eligible - which will either be when
the divorce is final or early 2005 (90 days prior to the second anniversary
of entering the US). Furthermore, you cannot file jointly once you are
divorced so it wouldn't be worth thinking about.

    > Secondly, I do not have such good evidence of a good-faith marriage as,
    > for example, children. The total of evidence available is: statements
    > from our joint bank account (our only account) from May to date; a (lot
    > of) utility, cable, telephone, etc. bills and my wage slips for the same
    > period, some in my name, some in my wife's (none in both names, but all
    > are for the same address at the same time, etc.); a recently-signed car
    > loan agreement in both our names. I could probably find a few more
    > things too. I also have limited evidence of us living together in the
    > UK, and can prove that she was granted UK entry after our marriage.
    > Finally, her parents, who are somewhat disapproving of her decision,
    > will willingly supply affidavits re the genuine nature of the marriage
    > (fingers crossed they still feel this way when the divorce is
    > finalised). Erm ... my question? Will this be enough? To my mind,
    > marrying in the US and then returning for a year to the UK to live must
    > surely demonstrate that one was not marrying in order to gain entry, but
    > then maybe I'm capable of anything ...

I think it sounds OK. Evidence of the relationship prior to the marriage
would be good. This is one of the areas that I would suggest at least a
consultation with an immigration attorney though there are many people
who've done it solo too.

Andy.

--
I'm not really here - it's just your warped imagination.

pugetsoundbrit

Andy

Thanks for taking the time to reply. But you misunderstood me on the first part of my question (my fault I'm sure). I know that I'll be filing the application to remove conditions myself, what I wanted to know was whether, in connection with this application, the INS will look more favorably upon it if my wife divorces ME rather than I divorce HER?

Thanks again.
Terry