argenmax

Brand new member here...first of all wanted to congratulate you all on a terrific site. I am going through a unique situation. Got married to a US citizen on 08/2006. Went to my first interview and received GC 05/2007. Filed I-751 jointly on 03/2008.

Started having problems at the beginning of the year. As much as we tried things did not work out so we recently filed for divorce (Oct. 1st). It seems like I will be granted the divorce before the final decision on my I-751 is made (vermont is still processing Oct. 2007). We entered the marriage in good faith and she is willing to sign an Affidavit stating that. My quesiton is how exactly should the affidavit read?

We also have joint health insurance. She is 100% beneficiary on my life insurance policy. We have picture albums together. Joint Tax returns. Since she works at target I also have a depedent discount card Joint bank account statements, mail with same address on it .... I also have X-MAS and valentines day cards we exchanged. We dont have property together and no kids.

We dont have any bills together because we rented my ex mother in laws apt. and everything was under her name. She is willing to give me an affidavit as well.

I am a little uneasy because I don't want to be removed from the US.

Looking forward to your response,

Max

P.S: Any additional ideas for evidence would be appreciated

Ray

Are you still living together

Michael

This thread is similar to yours.

http://britishexpats.com/forum/showthread.php?t=565044

Noorah101

You filed a joint I-751 too soon anyway. If you received your conditional GC in May 2007, you won't be eligible to remove conditions until the 90-day window just before May 2009. My expectation is that this joint I-751 will be denied on the grounds that you filed too soon, and you'll then have to wait until your divorce is final until you can file an I-751 with a waiver.

Rene

Folinskyinla

Hi:

You mention some "unique situation" but then you don't describe it. Instead of describing it, you immediately move on to something else that is clearly not "unique."

Rene pointed out the timing issues in filing of the I-751. However, you may have made a mistake in the dates. However, moving on, the second your divorce is final, you will immediately file a NEW I-751 for a waiver of the joint petition. If you joint I-751 is approved in the meanwhile, file anyways. If they reject the second filing, send it back in for up to three rejections, and then keep the rejected filings. This will alleviate the problem at naturalization time when CIS tries to say the condition was removed in error.

On the affidavit front -- I recommend against using the affidavit form -- it is a lot easier to use a "declaration under penalty of perjury" with the statutory magic language.

The truth is what should be put on the affidavit. It might help if she explains WHY the marriage broke up. You need not describe the troubles to US, but it might help to explain it to CIS. For example:

"I married Michael out of love and affection. However, 10 years ago I had met the love of my life, but he went away I expected never to see him again. However, LOML was recently bereaved by the death of his wife and he moved back from Alaska. When we ran into each other, all the fireworks came back. I love Michael, but I must be with LOML. I know this hurts Michael, but this is the truth."

or

"I married Michael out of love and affection. We made plans to live together forever, have children and raise a family. We recently decided to have children. Inasmuch as we are both Jewish, we were both tested for Tay-Sachs. To my horror, I found out that we both carry the recessive gene. Although I would never have an abortion, I feel that I can't take the risk of giving birth to a child only to see her die in infancy. I want Michael to have the opportunity to have children without the risk they will have a genetic death sentence."

By the way -- these are NOT made up scenarios. Condition waived in both.

argenmax

Thank you all for your response. I did make a mistake on the dates. I got married 08/2005 received my GC 05/2006 and filed I-751 on 03/2008.

As far as my "unique comment". I just don't know or heard of anybody that has gone through this situation before. I can't help but to feel a little uneasy about this whole situation since two of the attorneys that I went to told me that once my divorce is finalized it is extremely unlikely I will get approved.

REPOSNE TO RAY I moved out of the apartment about three weeks ago

Ray

Its probably less than 10 days really ..as you have to file this form within 10 days of moving

https://egov.uscis.gov/crisgwi/go?action=coa

argenmax

I forgot completely about the change of address Ray...will take of it first thing tomorrow morning

Noorah101

Glad to see the dates were a mistake, and that you've filed at the right time.

From what we see around here, chances are good that you'll be successful in removing conditions with the waiver.

Best Wishes,
Rene

argenmax

I sure hope so...I have nothing to hide but the attorneys message left me uneasy about this whole situation.

Folinskyinla

Hi:

However, even if the I-751 is approved without an interview, it might in the future be considered an erroneous approval inasmuch as you have now filed for divorce. It ain't final until you are naturalized and then pass away.

ian-mstm

They're idiots... both of them.

Ian

LadyKat1974

Argenmax I don't know what your situation is but every case is unique. My friend had been advised she would most likely not get approved but she actually did. Her husband left her for another man so I understand about embrassing situation so keep in mind your not the only one out there with a situation. I wish you the best of luck with your process.

argenmax

That's what I want to beleive Ian. I mean I go and meet these so called Immigration Experts of attorneys and they tell me something like that....Needless to say I haven't slept in a couple of days

argenmax

Thanks for the words of encouragement...I am gathering all the evidence I can and getting ready for what could be a long process...Do you know what kind of documents your freind presented? In my case my wife didn't leave me or cheat on me (neither did I)...Our marriage just didn't work out