machita

We are currently separated in divorce proceedings. We are thinking of putting the divorce on hold hoping to reconcile in the future. But we will have to be separated in the mean time. My removal of condition window is going to be in January 2011. What would happen if that time comes and we are still separated and not living together? What should I do?

Poppy girl

File separately, if you have restarted the divorce procedure.

ian-mstm

The window lasts for 90 days... is January 2011 the beginning, middle, or end of that 90-day window?


You should still file the I-751 as required during that 90-day window. Also, you should talk to an immigration attorney about the situation.

Ian

Poppy girl

I filed seperated and was in divorce proceedings but we reconciled, I kept the divorce petition going just incase things did not work out, (on the day the divorce came through he asked me to re-marry him) but we never did and split about 7 months later.


I filed a waiver and was approved.

S Folinsky

You ask a good question. This is something for a one-on-one legal consultation with a good immigration lawyer.

totally_broken

machita

The options for you really depend on the situation you will be in near the 90 days window. From your post I am not able to forecast your marital situation near your CGC expiration. Just make sure IF you suspect that things are going south then try to finalize your Divorce promptly. Your should consult an immigration attorney at this point to know your options as early as possible so that you can prepare yourself.

machita

I think what I am trying to ask is how would the USCIS view my application if my wife and I signed together to remove the conditions but we are currently separated at the time of the interview (assuming that they will ask us for an interview). The other thing, how would they view it if we are divorced and I requested a waiver. Which is the easier route?

Noorah101

You must be in an ongoing, bona-fide marriage if you are going to sign a joint I-751. If you are living separately, it doesn't bode well. I am not sure if the phrase "living with" your spouse is on the I-751, you'll have to check...but if you're living separately and contemplating divorce, it's not really an ongoing marriage, in my opinion.

USCIS doesn't really "view" things...they just look at the facts presented and if they have questions, they'll let you know. So if you got divorced and filed the I-751 with a waiver, it wouldn't be unusual to USCIS' eyes...they will just look at all your evidence and facts and make a decision based on that.

Rene

S Folinsky

The law is really well established that mere separation does not destroy eligibility. This was a battle that was fought in the 70's and the Courts came down hard on the "viability" doctrine. The Former INS tried to get Congress to reinstate the viability doctrine in the 1986 Marriage Fraud legislation but Congress did not do so. That said -- the key thing is that a divorce is on file with the court. That can muck up the works.

A legal consultation is in order.

jeffreyhy

m,

I don't think you're asking the right question. You should ask, at the appropriate time, which it the correct route to take given my current circumstances.

Selecting a route that is not appropriate to the circumstances that exist when you apply will surely not be "the easiest route".

Regards, JEff