Marriage failing, not divorced, have applied to remove conditions already - help!
Oct 3rd 2008, 11:07 pm
#1
Just Joined
Thread Starter
Joined: Oct 2008
Posts: 8
Marriage failing, not divorced, have applied to remove conditions already - help!
I am so confused and scared.
Married, in very good faith, to my US citizen wife in June 2006. Did the usual paperwork, had 1st interview, passed with flying colours, all good, got conditional residency card.
Applied to have conditions removed 90 days prior to 2 year anniversary - received notice to provide additional info to prove marriage in good faith, done (affidavits, joint accounts etc etc) This was sent 2-3 weeks ago, with a sept 26th 2008 deadline...then my world fell apart.
My wife told me she wants to get separated, as she is not happy (there are other personal issues going on, but I won't get into that here). She does not want to harm my ability to live in the USA (this is where my life is now), and wants to do whatever she can. We are going to try and work it out, but it's not looking promising. We have no kids - just a dog and 2 cats!
So it comes down to this - applied to remove conditions of residency, sent in additional info as requested, now waiting to hear from USCIS as to next step, which I assume is another interview.
How does this work? If we go to the interview and tell them we are separated, but are working on trying to maintain a viable marriage, which is the truth, what happens? If she no longer lives with me, what happens? It was a marriage in good faith, which seems to be key, but may not last to our next interview.
I am so scared and confused, not only for my marriage, but for my immigration and whole life. I don't know what to do. There is so much info out there, but I need specific answers! Please help...
Married, in very good faith, to my US citizen wife in June 2006. Did the usual paperwork, had 1st interview, passed with flying colours, all good, got conditional residency card.
Applied to have conditions removed 90 days prior to 2 year anniversary - received notice to provide additional info to prove marriage in good faith, done (affidavits, joint accounts etc etc) This was sent 2-3 weeks ago, with a sept 26th 2008 deadline...then my world fell apart.
My wife told me she wants to get separated, as she is not happy (there are other personal issues going on, but I won't get into that here). She does not want to harm my ability to live in the USA (this is where my life is now), and wants to do whatever she can. We are going to try and work it out, but it's not looking promising. We have no kids - just a dog and 2 cats!
So it comes down to this - applied to remove conditions of residency, sent in additional info as requested, now waiting to hear from USCIS as to next step, which I assume is another interview.
How does this work? If we go to the interview and tell them we are separated, but are working on trying to maintain a viable marriage, which is the truth, what happens? If she no longer lives with me, what happens? It was a marriage in good faith, which seems to be key, but may not last to our next interview.
I am so scared and confused, not only for my marriage, but for my immigration and whole life. I don't know what to do. There is so much info out there, but I need specific answers! Please help...
Oct 3rd 2008, 11:14 pm
#2
Junior Showtime
Joined: Jul 2005
Location: Singapore
Posts: 3,759
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
I am so confused and scared.
Married, in very good faith, to my US citizen wife in June 2006. Did the usual paperwork, had 1st interview, passed with flying colours, all good, got conditional residency card.
Applied to have conditions removed 90 days prior to 2 year anniversary - received notice to provide additional info to prove marriage in good faith, done (affidavits, joint accounts etc etc) This was sent 2-3 weeks ago, with a sept 26th 2008 deadline...then my world fell apart.
My wife told me she wants to get separated, as she is not happy (there are other personal issues going on, but I won't get into that here). She does not want to harm my ability to live in the USA (this is where my life is now), and wants to do whatever she can. We are going to try and work it out, but it's not looking promising. We have no kids - just a dog and 2 cats!
So it comes down to this - applied to remove conditions of residency, sent in additional info as requested, now waiting to hear from USCIS as to next step, which I assume is another interview.
How does this work? If we go to the interview and tell them we are separated, but are working on trying to maintain a viable marriage, which is the truth, what happens? If she no longer lives with me, what happens? It was a marriage in good faith, which seems to be key, but may not last to our next interview.
I am so scared and confused, not only for my marriage, but for my immigration and whole life. I don't know what to do. There is so much info out there, but I need specific answers! Please help...
Married, in very good faith, to my US citizen wife in June 2006. Did the usual paperwork, had 1st interview, passed with flying colours, all good, got conditional residency card.
Applied to have conditions removed 90 days prior to 2 year anniversary - received notice to provide additional info to prove marriage in good faith, done (affidavits, joint accounts etc etc) This was sent 2-3 weeks ago, with a sept 26th 2008 deadline...then my world fell apart.
My wife told me she wants to get separated, as she is not happy (there are other personal issues going on, but I won't get into that here). She does not want to harm my ability to live in the USA (this is where my life is now), and wants to do whatever she can. We are going to try and work it out, but it's not looking promising. We have no kids - just a dog and 2 cats!
So it comes down to this - applied to remove conditions of residency, sent in additional info as requested, now waiting to hear from USCIS as to next step, which I assume is another interview.
How does this work? If we go to the interview and tell them we are separated, but are working on trying to maintain a viable marriage, which is the truth, what happens? If she no longer lives with me, what happens? It was a marriage in good faith, which seems to be key, but may not last to our next interview.
I am so scared and confused, not only for my marriage, but for my immigration and whole life. I don't know what to do. There is so much info out there, but I need specific answers! Please help...
So sorry to hear that your marriage is in trouble, especially at this point. I'm sure that lots of knowledgable people will come forward with advice and reassurance. For now take a deep breath and wait till they get here. I hope all goes well for you and your wife.
Oct 3rd 2008, 11:27 pm
#3
Joined: Oct 2006
Location: Reno Nevada
Posts: 15,917
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
Hi there sorry to hear about your situation I feel for you been there done that.
Firstly you may not get an interview.
Secondly if you go and your not living together, I assume you would either be advised to get divorced and file a waiver,or you might get lucky my friend was divorced and actually pregnant by her second hubby by the time the interview came around, and the 1st hubby went with her, she was approved.
Third they could just deny you.
If you really don't think that the marriage is going to work then get a divorce and file the waiver, I have no children and only had 2 dogs and 2 cats they approved me.
Firstly you may not get an interview.
Secondly if you go and your not living together, I assume you would either be advised to get divorced and file a waiver,or you might get lucky my friend was divorced and actually pregnant by her second hubby by the time the interview came around, and the 1st hubby went with her, she was approved.
Third they could just deny you.
If you really don't think that the marriage is going to work then get a divorce and file the waiver, I have no children and only had 2 dogs and 2 cats they approved me.
Oct 3rd 2008, 11:27 pm
#4
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
Hi Jefferson,
So sorry to hear that your marriage is in trouble, especially at this point. I'm sure that lots of knowledgable people will come forward with advice and reassurance. For now take a deep breath and wait till they get here. I hope all goes well for you and your wife.
So sorry to hear that your marriage is in trouble, especially at this point. I'm sure that lots of knowledgable people will come forward with advice and reassurance. For now take a deep breath and wait till they get here. I hope all goes well for you and your wife.
Sorry to hear the bad news. Usually conditions are lifted without an interview. If you and your wife are staying together and trying to work out the marriage, there is nothing to worry about. You will most likely be approved without an interview, and will receive the 10-year card.
Best Wishes,
Rene
Oct 3rd 2008, 11:28 pm
#5
Joined: Oct 2006
Location: Reno Nevada
Posts: 15,917
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
Hi Jefferson,
Sorry to hear the bad news. Usually conditions are lifted without an interview. If you and your wife are staying together and trying to work out the marriage, there is nothing to worry about. You will most likely be approved without an interview, and will receive the 10-year card.
Best Wishes,
Rene
Sorry to hear the bad news. Usually conditions are lifted without an interview. If you and your wife are staying together and trying to work out the marriage, there is nothing to worry about. You will most likely be approved without an interview, and will receive the 10-year card.
Best Wishes,
Rene
Oct 3rd 2008, 11:31 pm
#6
Just Joined
Thread Starter
Joined: Oct 2008
Posts: 8
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
I live in California, if that changes any of the USCIS stuff...
Oct 3rd 2008, 11:33 pm
#7
Joined: Oct 2006
Location: Reno Nevada
Posts: 15,917
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
No not really its hit and miss here I had an interview, so did 2 of my mates and they live here in CA also.
But never hear much about the removal of conditions interviews on BE for some reason... there does not appear to be that many.
But never hear much about the removal of conditions interviews on BE for some reason... there does not appear to be that many.
Oct 3rd 2008, 11:36 pm
#8
Junior Showtime
Joined: Jul 2005
Location: Singapore
Posts: 3,759
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
Should have mentioned that I applied for an received my 10 year card without an interview.
Oct 3rd 2008, 11:39 pm
#10
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
Rene
Oct 3rd 2008, 11:39 pm
#11
Joined: Oct 2006
Location: Reno Nevada
Posts: 15,917
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
Oct 4th 2008, 2:28 pm
#13
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
So it comes down to this - applied to remove conditions of residency, sent in additional info as requested, now waiting to hear from USCIS as to next step, which I assume is another interview.
If we go to the interview and tell them we are separated, but are working on trying to maintain a viable marriage, which is the truth, what happens?
It was a marriage in good faith, which seems to be key, but may not last to our next interview.
I am so scared and confused, not only for my marriage, but for my immigration and whole life.
Ian
Oct 4th 2008, 2:48 pm
#14
Concierge
Joined: Apr 2001
Posts: 46,413
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
While I commend your wanting to be honest... if you blurt out that you are separated... you will initiate a series of events that will not end well for you at that interview. You are *not* obligated to tell anyone unless you are specifically asked. For example, if the guys asks, "Are you separated?", then you should answer "yes"... *if* you are indeed separated. If the officer asks, "Are you still married?", then you answer "yes" because that's true. Answer *only* the question asked and do *not* volunteer information. However, the chances that you actually will be interviewed are pretty slim.
Ian
Ian
I take a bit of an issue with this. If they are interviewed and they are indeed living separately, then they are not married as per USCIS criteria which calls for a living together in a viable, valid marriage. Living in separate households, with or without a legal decree of separation, is still being separated and not living together in a state of marriage.
And if they file for divorce before the conditions are removed then he will have to refile for a waiver even if the petition is adjudicated prior to the actual court approval of the divorce. IMO, the USCIC considers the filing of a legal separation or divorce papers to mean the marriage is no longer considered valid for the removal of conditions. Just look what happened to Milan who filed for removal, had it approved without interview and divorce, never filed for a waiver and then went to naturalize only to have it rejected because he was to have filed for a waiver since the marriage was over before adjudication of the I-751.
In cases such as these, I would like to see the OP ask an immigrtion attorney for their intake on this situation.
Oct 4th 2008, 3:12 pm
#15
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Marriage failing, not divorced, have applied to remove conditions already - help!
Just look what happened to Milan who filed for removal, had it approved without interview and divorce, never filed for a waiver and then went to naturalize only to have it rejected because he was to have filed for a waiver since the marriage was over before adjudication of the I-751.
Rene