Faye1

Hi there

I've been living in the US for 10 years (various work visas) and been with my USC husband for 4 years in August (married for 2 years).

I'm currently in the US on a 2 year green card which is due to expire in April 2014.

Myself and my husband are currently in couples counseling and are contemplating a split (one of the issues is that he's decided he may not want to have children and I'm 36 and desperate to start a family).

We have lived together under the same lease for 4 years... share credit cards, bank accounts, health insurance etc plus lots of photos from our time together traveling around the world (over 12 countries) and lots of photos with each others families etc.

We are the best of friends and are devastated that things aren't working out - I would like for us to make a clear decision about our future together without my immigration status clouding our personal feelings for one another and right now we are both unsure and anxious about where this would leave things..

As I see it I have 2 options:

1. If we can't resolve our issues - divorce and apply for removal of conditions alone and prove the marriage was in good faith.

2. Remain married for the next year or so regardless of whether we decide to split or not and keep my husband on my lease, with joint everything and treat it as a trial separation (My husband has said that however things pan out he would be happy to leave everything on joint terms as long as we need to)

I'm guessing everyone would probably advise option 1 as it seems the most straight forward but I'm worried about the possibility of being denied. Is this common if we have lots of evidence of our joint life together?

Option 2 may also be very painful emotionally as a split would be heartbreaking for both of us and although I'm sure we will remain close friends, having to 'act' like all is still great is not ideal! I guess the pro's with this option is that it would probably involve more straight forward filing of paperwork/evidence (which we will have in abundance) and would raise less red flags.

Would it be crazy to even contemplate option 2?

We would really appreciate any advice.

Many thanks

Michael

Do you mean April 2014? If not, you are already late removing conditions and that should be done as soon as possible.

Option 1 is probably the best since it is the most honest and straight forward. With your background together, the chances of being denied would likely be close to nil.

Faye1

Doh - meant April 2014 (have amended) thanks!

Noorah101

It may take longer to get the conditions removed, and you may have to appear for an in-person interview, but it sounds like you have a good history of joint life together. Even if it comes to a point where your I-751 gets denied, you are allowed to appeal the decision. But most folks I've seen on this forum, eventually get approved. As a layman, I'd say you have a solid case.

Since you have not yet decided 100% on divorce (at least not that I can tell...you are still in counseling, right?), then you are still married. You can't file the I-751 until the 90-day window just before April 2014. So you still have a good 6 months until the I-751 can be filed, if you stay married. Can you stay together that long? Can you remain married and working on the relationship that long? Do you WANT to do that? If so, then Option 2 would still work.

If you are ready to let the marriage go, and you're ready to move on with your life, then Option 1 is best, because you can get divorced and then file the I-751 right away, without waiting for the 90-day window to open.

What you want to avoid is a situation where you are staying married SOLELY for the immigration benefit. That's not legal.

Rene

jeffreyhy

You are not " in the US on a 2 year green card", you are in the US as a conditional PR which status will expire in April 2014. At which time you will need to petition to remove the conditions. The green card is merely evidence of your status.

You appear to have good evidence to support a claim of a bona fide marriage including, should the marriage fail, efforts to save the marriage through counseling.

Work on the marriage now without concern about how the outcome may affect your removal of conditions. Then work on the removal of conditions when the time comes.

Regards, JEff

ian-mstm

This is just a personal observation - I hope you don't mind.

Unless your husband makes some sort of complete about face regarding children - which, I suppose, is still within the realm of possibility - I suggest you do not have children with this man. Once a child enters the picture... a child that he didn't want in the first place - then everything bad that might happen in the marriage will be your fault... whether it actually is or not. It will doom the marriage - and it's a lot more difficult to split up when there's children involved.

With all due respect, I suggest that you split up now - while you can... on your own terms - and while the two of you are still good friends.

Okay, I'll just crawl back under the rock now.

Ian