Romeio

hello folks,

You guys have been of immense help for me in obtaining my temporary green card which I got in May 2005. At the beginning of June 2005, my wife left me. It was barely a month after my receiving of the temporary card. She moved back to her parent's place demanding for divorce. I think she was seeing someone from her work. Anyway, we just filed for divorce this april and waiting for the final decree. Now, I'm so concerned that I'm goanna lose my green card. I talked with some immigration lawyers and they just told me, waiver of joint filing requirement might not help. They mentioned we stopped living together right after I got my card. It would look too much suspicious to the USCIS. I have the evidences that we used to file for the initial temporary green card only. What should I do. Any insights would be highly appreciated.

Romeio

Also, I forgot to mention I live in Boston and filed my initial paperwork to obtain the temporary cards in Boston.

ian-mstm

Go ahead and file the I-751 immediately after your divorce is final - you do not need to wait 2 years. You will need to demonstrate that the marriage was entered into in good faith... how or when it ended is largely irrelevant. It's important to note that she left you... not the other way around, which indicates that *you* did not get married just to get a green card.

Ian

Guest21

If it helps I was with the Immigration department yesterday and I asked more or less the same question, amongst many others It was 4 months for me after the initial AOS temp green card interview that we broke up and I asked them if this would cause any problems in the future?

The officer told me to file the 1-751 as soon as the divorce is final, as Ian stated, and not to worry about the time frame in my case 4 months from the interview, as i said earlier, she said that they are only interested in the fact that the marriage was sincere, plus I would probably get a 1 year extension also before they even interviewed me? which may not happen as I could get approved without the interview as it is getting alot more common.

Romeio

Thanx a lot ian and whiskers. I must file as soon as i get my final divorce. I do realize that. But some immigration attorneys even don't wanna take my case citing i got separated right after getting my green card. Also, my wife left and moved to her parents first. But how can i show that or prove it? How can I make the USCIS less suspicious that our marriage is bonafide when we separated right after getting the card? What kind of evidences will work on my side? I'd higly appreciate if you guys can help me get through this.

scrubbedexpat099

What evidence do you have, go through all the documentation you have collected in your relationship, is there anything else that you do not have that you could get.

ian-mstm

Yah... but others will. IMHO, if they can't tell the difference between you separating of your own volition, and you separating as the result of your wife leaving... well, they don't deserve your money! I'll admit it's a fine line, but don't you deserve the best representation you can get?


Unfortunately, you probably can't. But remember, how and when the marriage ended is not as important as the fact that the marriage was entered into in good faith. Concentrate on the beginning of the marriage... not the end of it - that is the requirement of the I-751... the marriage entered into in good faith.

Ian

Folinskyinla

Hi:

Each case is different. As a general rule, it is MY policy that when a marriage breaks up quickly, I encourage people to file ASAP because I think it is an indicia of good faith that one does not wait the full two years. Although it is not exactly on point, the "Tawfik" case supports a bona fide marriage scenario when marriage breaks up while case is pending.

I shouldn't object to attorneys who don't want "difficult" cases, but they should refer you to someone who might take such a case.