Paul Blake

I am currently married to a US citizen - I originally had a K1 visa and now
I have a conditional perminant resident status (green card). I am scheduled
to apply for the removal of conditional statusin about 7 months. BUT, she
is divorcing me. I know there is a check-box on the I751 (application for
removal of conditional status) that says "Divorced but married entered into
in good faith" - how does this affect my application? Will I be turned down
and have to leave? We also have a child from our marriage, born in US, US
citizen.

Thanks for any advice or help,

Paul

Folinskyinla

Paul:

The second your divorce is FINAL, you can file the I-751 and check the "divorced, good faith" box.

Do note that the 90-day window applicable to joint petitons does NOT apply to you.

You mention that you already have the best possible evidence of a good faith marriage -- your child.

Ticket To Us

In article ,
"Paul Blake" wrote:

    > I am currently married to a US citizen - I originally had a K1 visa and now
    > I have a conditional perminant resident status (green card). I am scheduled
    > to apply for the removal of conditional statusin about 7 months. BUT, she
    > is divorcing me. I know there is a check-box on the I751 (application for
    > removal of conditional status) that says "Divorced but married entered into
    > in good faith" - how does this affect my application? Will I be turned down
    > and have to leave? We also have a child from our marriage, born in US, US
    > citizen.
    >
You can and should apply for removal of your conditions as soon as the
divorce is final. One of the crucial things in getting this approved is
proof that the original marriage was bona fide. The child that you had
is probably a BIG factor here, take advantage of it. Supply all other
proof that you can find of the original relationship's being real, and
hope for the best.
--
US Ticket

Grace

hi. you can show INS your really prove of married .the kid is the
best proved.you can tell INS all of this ., and your -Email etc.you
can stay at state.
good luck
"Paul Blake" wrote in message news:...
    > I am currently married to a US citizen - I originally had a K1 visa and now
    > I have a conditional perminant resident status (green card). I am scheduled
    > to apply for the removal of conditional statusin about 7 months. BUT, she
    > is divorcing me. I know there is a check-box on the I751 (application for
    > removal of conditional status) that says "Divorced but married entered into
    > in good faith" - how does this affect my application? Will I be turned down
    > and have to leave? We also have a child from our marriage, born in US, US
    > citizen.
    >
    > Thanks for any advice or help,
    >
    > Paul

Jmott

Paul,
You should hire a good attorney. You need to protect your rights to your
child. I suspect the INS will not force you to leave the states considering
you have a child here. But you must protect yourself, especially if the
divorce was a bitter one. Hire an attorney who specializes in these
matters. You may need to hire two, a divorce attorney and an immigration
attorney.



"Paul Blake" wrote in message
news:LhYZ9.87091$6G4.12079@sccrnsc02...
    > I am currently married to a US citizen - I originally had a K1 visa and
now
    > I have a conditional perminant resident status (green card). I am
scheduled
    > to apply for the removal of conditional statusin about 7 months. BUT, she
    > is divorcing me. I know there is a check-box on the I751 (application for
    > removal of conditional status) that says "Divorced but married entered
into
    > in good faith" - how does this affect my application? Will I be turned
down
    > and have to leave? We also have a child from our marriage, born in US, US
    > citizen.
    > Thanks for any advice or help,
    > Paul

pugetsoundbrit

I am in a similar situation to Paul, but without such great evidence of a good-faith marriage (which it was, though). Married to USC, in Seattle, in Jan 2002. We then applied to British Consulate in LA for USC to be allowed into UK, which was granted. Lived in UK together until early 2003 (in other words, approximately a year), at which point my wife wanted us to move to the US in order to be closer to her family (and attend college, something I now know was of much more importance to her than our marriage, but c'est la vie). She moved back ahead of me at the end of Jan 2003, while I completed applying through the US Embassy in London. My application was approved and I entered the US at the end of April 2003, receiving a Conditional Green Card. We quickly moved into an apartment and have lived there together since. I have a good job and have supported her ever-blossoming gym-going and Weight Watchers meeting-attending career ...

Now, 5 months later (so after 20 months of marriage), my wife has told me she no longer loves me (you could say that we haven't been getting along too well). Given this, I intend to seek a divorce, which she seems happy with (though she didn't suggest it). I've got a few questions that I'm hoping you might be able to answer. Here in WA, divorce is no-fault; however, will it make any difference, if I were to decide to try and stay in the US after the divorce becomes final (which will be December/January 2004 by filing I-751 for Removal of Conditions), which of us actually petitions for divorce? Basically, will the INS look badly on ME initiating proceedings? I'm sure she'll be happy to do it

Secondly, as I said I do not have such good evidence of a good-faith marriage as Paul, in that we have no children. The total of evidence available is: statements from our joint bank account (our only account) from May to date; a (lot of) utility, cable, telephone, etc. bills and my wage slips for the same period, some in my name, some in my wife's (none in both names, but all are for the same address at the same time, etc.); a recently-signed car loan agreement in both our names. I could probably find a few more things too. I also have limited evidence of us living together in the UK, and can prove that she was granted UK entry after our marriage. Finally, her parents, who are somewhat disapproving of her decision, will willingly supply affidavits re the genuine nature of the marriage (fingers crossed they still feel this way when the divorce is finalised). Erm ... my question? Will this be enough? To my mind, marrying in the US and then returning for a year to the UK to live must surely demonstrate that one was not marrying in order to gain entry, but then maybe I'm capable of anything ...

One more thing though, one I hope will not be of huge import. After arriving in April, we gave her parent's address to the INS as my address. We stayed there for no more than a week or two, and then moved into our own rented apartment, but didn't notify anyone of this change of address. I've just realised this today and will send off the form ... well, immediately ... but is this likely to make any real difference should I decide to apply for the removal of conditions on my own once our divorce is finalised?

Am making kinda light of the situation since is still daytime and it all seems less devastating during the day.

Terry