Scot_in_NYC

Hi guys,

I would appreciate some advice/help with a problem I have.

My wife (USC) and me (British) dates for two and a half years or so, initially long distance and then when I was here on a student visa. We got Married in June 2009 so around 20 months or so ago.

We have hit a particularly bad spell though and, while it is not certain that we are going to split up/get divorced, it has been discussed.

While I want things to work, I don't want to remain in the marriage purely to remain in the US. If things don't work out I would rather go back to the UK than remain in an unhappy marriage. That said, I have a good job here, good friends and enjoy my quality of life. So if we did split up I would love to remain here if possible.

We don't have kids and don't own joint property. We have had two joint leases, utility bills (no car as i cant drive here), international holidays together and pictures with all our family, wedding pics etc. The marriage was no sham when entered into.

My wife has said she wouldn't divorce me before my green card expires (end of 2011) IF THAT HELPED MY CASE but that we may separate and live independently of each other. Would one be beneficial over the other?

Basically, I'm aware that if you can prove your marriage is in good faith then you can be allowed to remain here. But how hard is this and what are my chances based on the above info?

I don't want to get divorced OR separate but I guess I'm planning for the worst in case

Thanks for any advice

Noorah101

If you want to remain in the USA, you must file an I-751 to remove conditions during the 90-day window just before the expiration of your current card. This is a must.

You basically have two choices:

1. Remain in a true marriage, one in which you are not living separately and independetly on purpose, but one in which you are trying to work out your problems and can prove you are doing so, and file a joint I-751; or

2. Start divorce paperwork and file the I-751 with a waiver, based on your good faith marriage. You must have a divorce decree in order to file the waiver, but if your divorce is not final by the time the I-751 is due, you can file it with proof that the divorce paperwork has begun, and turn in the final divorce decree when you have it in hand.

Rene

Noorah101

I find the two bolded sentences to be opposite of each other.

Rene

Scot_in_NYC

No. At least not the way I intended them.

If we get divorced/separate then I want to stay here but what I was trying to put across is that I am not SO desperate to stay that I would remain in an unhappy marriage to do so.

Thanks for the advice.

Noorah101

Thanks for the clarification, makes sense now.

Rene

Poppy girl

I filled a waiver and was approved and am now a US Citizen you have about the same amount of evidence that I had if not more!

Some cases are approved with no interview or like myself you may be requested to attend one with an Immigration officer to go over your filing and situation some folk believe this only happens if they are suspicious others insist its a random picking, either way as you have nothing to hide you have nothing to fear.

meauxna

hi there,
That isn't really the right question to be asking just yet. You need to research a bit to find out what your options are. Because this is a lengthy topic, I'm going to recommend this article, which may be a bit outdated. However, the concepts still stand.
When you have a better idea of the process, you can come back with more specific questions if need be.

Divorce - FAQs: CHANGES IN FAMILY STATUS ON THE IMMIGRATION PROCESS ~ DIVORCE
The section you want is regarding Removing Conditions/I-751.

What you don't want/need to do is be under immigration pressure from your spouse. Don't agree to staying in a fake marriage to fix papers, there is an avenue for you to prove your own case (as you've noted).

There are a lot of threads in this forum that will be worth your time to read.. if you want this, you're going to either have to work for it a bit, or hire someone to work on your behalf.

Scot_in_NYC

I consulted a lawyer today who said that proving a marriage was in good faith when you divorce within your initial conditional green card period is "very difficult".

I've read a few forum postings and it seems that people that have been through this when their marriage was, legitimately genuine (which mine was/is) had positive outcomes. But from what the lawyer said it sounds like it is almost destined to fail.

Poppy girl

Sorry but he us talking BS....And let me guess if he takes your money you will have a better chance!

meauxna

Define "very difficult" and make sure you and lawyer are speaking the same language.

I find it "very difficult" to go out to exercise every day but my neighbor thinks it's easy.
There are many, many examples of this type of filing on just this forum; maybe reading some of their sagas will help you see the degree of difficulty.

Poppy girl

Meaunxa is alot more graceful and lady like in her reply as you can see!!

Scot_in_NYC

I took notes and here is what he said:

"It would be a very difficult undertaking. Although USCIS won't deny a petition to remove the conditions on your residence solely because of separation or initiation of divorce proceedings, they may treat that as a suggestion that you married for immigration benefits."

He did say he would take on the case but offered no guarantees. Now that, clearly, I expected. NOBODY will give a guarantee. But the way he said it was that it was almost guaranteed to fail!

Noorah101

It might be "difficult" as far as gathering up all the required documents, making sure the I-751 submittal is complete and compelling, attending an in-person interview which might be nerve-wracking, etc.

But it's not impossible and you can get approved.

Rene

Noorah101

Sorry, but DUH. LOL Of course USCIS is going to look into that aspect of it, that's their job.

At least he gave you no guarantee, that's a good thing. You might want to have another consultation with a different attorney to see how difficult THEY think it might be.

Has this attorney put together I-751 with waiver cases before?

Rene

Poppy girl

When I 1st thought about an Attorney I had a consultation and he wanted something like $900 if I remember rightly! that was 2/3 years ago.

The forms are easy its the evidence you have thats important not how much but actual hard evidence its self, soild info bank statements,property, family who will back your filing up I was lucky my ex even wrote a letter stating that the marriage was in good faith, it all helps.