richswain9

Hello everybody, Happy Easter and all that Jazz!



My wife and i got married in October 2004, we recently went for our immigration interview on Jan 5th 2006 in Dallas as part of the Dallas Rapid Adjustment Program. Everything got approved on the day, we handed the file over and the lady was very nice to the both of us, didn't even get interviewed separately. The application was supposed to be processed within 90 days but they seem to have a back up on the files at the moment, something I can't say surprised me in the slightest as we are dealing with immigration here. However, they sent me a letter after about 80 days stating that they would not be able to complete my file within the 90 day period they promised and gave me a date and time to go down to the Dallas district office and pick up my EAD, I did this on 4/13.

My wife and i have been having problems, basically she has gone of with someone else and is not ready for marriage right now, blah, blah. Anyways. After much pain, heartache and confusion I have been trying to get my head around this whole immigration deal.

I want to get a divorce from my wife and move on with my life but i don't want to hinder my chances of becoming a LPR. I have been told that i should expect to recieve my 2 year condition GC in the next couple of months and as i understand i have to apply to remove the conditions of the 2 year GC 90 days before the 2 years are up. What i was looking for advise on is the following;

If I file for divorce from my wife very soon everything will be finalized right around the time when i actually get my 2 year GC. Will this not look suspicious when i apply to remove the conditions? Or, the fact that we were married for 14 months before the interview and our marriage lasted for 18 months do you think i will be fine? My wife knows she messed up and we both know that "we" will not be together again but she is willing to stay married to me on paper for as long as it takes and work with me however i need on this. What would you suggest?

Just a fellow Brit looking to pick some brains.

Thanks for all your help and advise.

Cheers,

Rich

ian-mstm

Probably not. In fact, on the day your divorce is final, you can immediately file to remove the conditions on your GC... you don't need to wait for 2 years to do it. You need to demonstrate only that the marriage was entered into in good faith.

Ian

Rete

Well I would suggest he consults with an attorney. If he files for a divorce before the AOS is approved, the AOS is null and void, I believe. CIS considers the marriage over once there is a formal separation and/or divorce papers files. If that is true, then there is no basis for his AOS any longer.

richswain9

Thanks for the advise guys, I will go and consult with a lawyer and see what they suggest. I guess we will just stay married and see if we can work it out one last time. At least if we do that i will have my green card in my hands before I try and remove any conditions. I just hope that divorcing just a couple of months after i recieve my conditional GC doesn't affect my status/case. I can't see how it can, especially if we have already been married for nearly 18 months. I will consult with a lawyer and then update this thread with their advise.

Cheers