gianni8118

hello my name is Johnny, i came in the united states from Italy with a 3 months tourist visa in November 2002,i meet my wife right after and we got married in Jenuary 2005 with my visa expired. I recived a social security ,i had an interview and a 2 years green card with not problems it all. we jointly filed the I-751 in October 2007, i got the fingerprints,and a year extension. Now is April 26th and we are separeted ,i still living in our appartment ,she is living with her mom about 2 hours away from here. We been living togheter since approximally 2004 ,we did everything togheter ,she sponserd me,we been in vacations ,holydays,bills,love cards,we bought things,presents, ,bank accounts,health insurance,2005-2006-2007 taxes return,she came with me in Italy for meet my family,we stayd there for 4 months in my mom and dad's house, when we came back we stayed before in her mom's house for a few months and than in her brother's house, and than we got an appartment togheter where i still have ,sponserd by her mom, i mean the marriage is for real.Now what should i do?
i dont know how much i can trust her with my immigration issue. Am i in trouble for anything? do i need a lawyer?
can i travel?
I am very worryng and fricking out,i have planty of documentations and informations,
please help me!

UK2NY2FL

You'll be absolutely fine. I've been there. Bring your flight tickets with you that show that you both went to Italy together, as well as all other documentation. When you get your notice of appointment, show up. Be honest about what happened-you're human, and marriages fail.

Noorah101

There isn't much you can do now. The I-751 was filed at the right time when you were still living together, you've done your biometrics, so you'll just have to wait and see when you get your 10-year green card.

You don't have to trust her anymore with your immigration issue. Nothing regarding your immigration is her decision. She doesn't have control over that.

Doesn't sound to me like you're in trouble for anything or that you need a lawyer at this point.

If you have your 2-year green card (expired or unexpired), your unexpired 1-year extension letter, and your unexpired passport, you can travel, yes.

If you guys get divorced, and the divorce becomes final before you receive your 10-year green card, THEN you probably need to take some action on things, such as refiling the I-751 with a waiver, and showing all the documentation you listed above. But you haven't mentioned anything like that happening yet.

Rene

gianni8118

thanks Rene, ihave two more questions for you please;
and you think ishould worry about that mine visa was 2 years expired when i got marryed?
and what about if we get called for an interview and she decides to not go with me?

Noorah101

I am not a lawyer, but my layman's opion is that this won't be an issue. Once you have your PR status, you're kind of past the point where they would be very concerned about your previous overstay.

Then you should go to the interview alone, explain what is happening, and see what the officer thinks you should do.

Rene

ian-mstm

I agree with Rene... go to the interview alone. You must remember that you *are* a permanent resident, and you remain a permanent resident until an immigration judge says you aren't.

Ian

gianni8118

thank you Ian,
so you thing that i am fine?
what about my 2 years overstay?
and becouse we are not living togheter,and we did not passed our last holydays togheter,if we gone have an interview how this will work?
thank you guys for your help!!!!!!

ian-mstm

Didn't you believe what Rene said? This was only an issue up until you got your green card. It really doesn't matter now.


If your wife goes with you to an interview and *pretends* that you are still living together... well, that would be bad! If you go alone to the interview, your application may (or may not) be immediately denied. You are, however, entitled to appeal that decision... which is why I said that you are a PR until an immigration judge says you aren't.

Very few people are called for an interview... so if you get your 10-year GC with no interview, then you'll be just fine.

Ian

gianni8118

yes i do belive Rene, i am just scared.
i will appriciate any other raccomandations .
thank you guys again

Rete

How do you know he will be chosen for an interview?

Rete

Your two year overstay was dealt with at the time you adjusted status and was approved for conditional permanent resident. It is no longer a factor in your immigration life.

As Rene said if you receive the 10 year green card (if your I-751 is approved) before you have filed for a divorce, then you are fine. If it is not approved at the time you or your spouse has filed for a divorce you must file another I-751 with a waiver based on marriage entered into in good faith when the divorce is final. This must be done even if the I-751 is approved between the filing for divorce and its finalization.

If you are called for an interview then you show up without your spouse, bring all legal documentation to show that a divorce has been filed and you will be allowed to refile a new I-751 once the divorce decree is final.

gianni8118

there is anything that i should be concerned about at this point?
am i like "fine" for the future ? thank you

Noorah101

Right at this very moment, there's nothing to be concerned about, no. Not tonight.

No one can say if you'll be "fine" for the future, it all depends on a few things:
1. When you receive your 10-year card; and
2. Whether you and your wife have filed for a divorce or become divorced before your 10-year card comes; and
3. Whether you get called for an interview, and what your marital status/relationship status is with your wife at that point.

Nothing is guaranteed, but right at this moment tonight, there's nothing to worry about. You just have to continue on the way you want your life to go, and address immigration as you go along.

Rene

gianni8118

thank you Rene