Antstar

I'll try and keep this short and to the point. I'm a UK citizen who moved to Canada in Aug. 2007 and then to the US in April 2010 after marrying an American in May 2009. In November 2011 I submitted my I-751 application to remove the conditions on my residence, although at this time my wife and I were separated (not a "legal separation") we filed a joint petition because we remained married. We couldn't resolve our differences and ultimately got divorced in April 2012. In May 2012 I received an RFE because of a lack of evidence showing a communal residence.

We did purchase a property in Sept. 2009 using funds I transferred from Canada to my then wife but since at that time I wasn't a resident I wasn't put on the utilities or the house title. Under Minnesota law there really is no benefit to having both names on the property title, in the event of divorce a number of factors are taken into consideration for division of marital property but who holds the title isn't one of them. So needless to say, confident that my marriage would last I wasn't worried about re-titling the house when I moved or getting utilities changed to both names etc. With hindsight, big mistake. Advice to anyone else getting a conditional greencard - assume you're going to get divorced and will need to prove your "good faith marriage". Hope for the best, plan for the worst.

Anyway, in order to address the RFE I'm going to re-submit letters from financial institutions stating that we had joint accounts from date X to Y and that the address registered on the accounts was our marital property. I will also included evidence that she was a beneficiary on my 401k and Roth account (and vice versa) as well as transaction slips showing that I was transferring funds into her U.S. account before the wedding and up until I moved to the U.S. (one years worth). My question is do I provide a covering statement addressing the divorce and the reasons for not titling the house in both names etc.? I'm also including copies of drivers license showing the same address as well as my frequent flyer account showing monthly trips from Canada to the U.S. before receiving PR status. Anyone else got any suggestions for other information that I can include? And what's the process in the event that my I-751 application is denied? How much time do you get to sell property and wrap up your life in the states (if any?)? I would consider appealling the decision but I imagine that would be expensive and maybe not really worth it for me in the long run since I have no family ties here in the U.S. More than anything I am just sick of moving and relocating so I want to stay in the U.S. but not if it means ending up bankrupt!

Crappy situation but I'm not the first to go through it so if anyone has any useful advice/information they can share I would be grateful. I guess I failed at trying to keep it short and to the point but thanks for sticking with it!!!

jeffreyhy

It seems to me that, since you are now divorced, you need to reapply or switch your basis of application. Have a consultation with an immigration attorney for advice on how to handle the situation.

Moxie

The simple solution is the driver licenses showing same address. But I agree that since you are now divorced, it is misrepresentation to get a 10 year card based on marriage. You can still get the card as divorced. It's an option to prove you married in good faith but it fell apart. You tick a different filing status on the same application and also provide your divorce decree along with you marital joint things.

Down the line (3 more years) you may want to apply for citizenship. They are instructed to go through you entire file from day 1 and look for descrepancies. A divorce in April and a 10 year card approved in June based on marriage might pop up and throw a spanner in the works.

You don't have to leave the US because you divorced so best to get your card in the proper way.


Edit to add: What about joint tax returns to show you co-mingled your finances while married. We also don't have joint property or utilities but provided enough evidence of joint finances and same residence without having to be on a deed together.

Antstar

Thanks both for the quick response. I did provide two years of joint taxes with my original submission in November. I honestly hadn't considered reapplying now Im divorced but I will definitely look into it. I have to respond to the RFE but I assume that response can include a new submission. Thanks again.

jeffreyhy

I'm not sure if you need to submit a new petition and fee or if you can simply inform USCIS that you are now divorced (which could be part of an appropriate response to the RFE) and have the existing petition continue on the basis of a waiver, and I'm too lazy to research the issue myself, which is why I suggested a consultation with an immigration attorney so that you do it right.

Alternatively, I know that the subject has been discussed before here in this forum and I know that there is a written USCIS policy statement or memo on the subject, so you might also do a search those two sources and you should find something.

Regards, JEff

Moxie

I agree that a new petition might be accepted without fee. You might have to re-do the form itself based on the new circumstances....filing status, new address, ...(also too busy to research it for you.) Research the things required when filing with a waiver and perhaps include all that in response to the RFE (photocopies). If you get lucky, they might accept it. Otherwise they will let you know to pay again. Cover letter could explain things changed since you filed in 2011 and you unfortunately are now divorced. I don't think I would highlight the separation prior to filing. That would be kinda like raising your hand to say "I misrepresented myself." If you interview and are asked to explain, then don't hide anything.

S Folinsky

Jeff: A few years back, the Dark Forces changed policy to allow a change in the type of petition.

Antstar

Just found this on the USCIS website:

"If You Are In Divorce Proceedings But Are Not Yet Divorced


If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).


You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.



Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage."

So I guess that answers the question! Thanks everyone for your advice, I'll let you know how it goes......either way......

Antstar

Also Moxie, just a quick note on the "misrepresentation" comment; when my ex-wife and I filed the joint petition we did include her new address so I would 'assume' that they figured out we were separated. I haven't tried to hide any of the facts of the marriage/separation/divorce, it was entered into in good faith and I'm hopeful that will come across in the petition and/or interview if that becomes necessary

ian-mstm

All separations are legal separations in the sense that you can't have an illegal separation. Perhaps what you mean, is that you agreed between yourselves who would live where and pay for what... without involving the courts.

Ian

jeffreyhy

Thank you!

Regards, JEff