Conditional Green Card and Divorce
Jan 21st 2007, 5:04 am
#1
Just Joined
Thread Starter
Joined: Jan 2007
Posts: 10
Conditional Green Card and Divorce
Hello :
I have been here in the US for almost 7 years now, firstly on an H1b and since February 06 on a conditional green card through marriage. My wife and I were married in January 05.
Sadly the marriage has broken down and we will be divorced at the end of this month. I understand that at that point I will have to file for a waiver based on the "good faith" option and have consulted a lawyer to undertake that on my behalf.
My lawyer has advised that my case could go either way, because the evidence I have of the marriage being bona fide is weak, plus the length of the marriage was only two years. I have utility bills, leases, pictures, health insurance and an affidavit from my wife and her mental health counsellor, attesting to the bona fide nature of the marriage.
We did not, however, share our finances, such as bank accounts and tax returns, due to the fact that we both were bringing debt to the relationship and did not want to burden the other with it. My lawyer feels that this will be looked upon suspiciously, and I wondered what others thought of my likely success in being granted a waiver under these circumstances.
I have been here in the US for almost 7 years now, firstly on an H1b and since February 06 on a conditional green card through marriage. My wife and I were married in January 05.
Sadly the marriage has broken down and we will be divorced at the end of this month. I understand that at that point I will have to file for a waiver based on the "good faith" option and have consulted a lawyer to undertake that on my behalf.
My lawyer has advised that my case could go either way, because the evidence I have of the marriage being bona fide is weak, plus the length of the marriage was only two years. I have utility bills, leases, pictures, health insurance and an affidavit from my wife and her mental health counsellor, attesting to the bona fide nature of the marriage.
We did not, however, share our finances, such as bank accounts and tax returns, due to the fact that we both were bringing debt to the relationship and did not want to burden the other with it. My lawyer feels that this will be looked upon suspiciously, and I wondered what others thought of my likely success in being granted a waiver under these circumstances.
Jan 21st 2007, 5:14 am
#2
Powder Maggot
Joined: Nov 2004
Location: Nuevo Mexico
Posts: 4,452
Re: Conditional Green Card and Divorce
No idea. (This might be better off in the marriage based visa forums.) All I can tell you is that when I had my conditions removed we still had separate accounts (none joint) and nobody cared. BUT, we did file joint tax returns.
Do remember that you are legally entitled to handle finances as you have done, and as such I would hope that it is not allowed to have any adverse effect on your application.
Do remember that you are legally entitled to handle finances as you have done, and as such I would hope that it is not allowed to have any adverse effect on your application.
Jan 21st 2007, 6:38 pm
#3
Not living a 9 to 5 life
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
Re: Conditional Green Card and Divorce
Hello :
I have been here in the US for almost 7 years now, firstly on an H1b and since February 06 on a conditional green card through marriage. My wife and I were married in January 05.
Sadly the marriage has broken down and we will be divorced at the end of this month. I understand that at that point I will have to file for a waiver based on the "good faith" option and have consulted a lawyer to undertake that on my behalf.
My lawyer has advised that my case could go either way, because the evidence I have of the marriage being bona fide is weak, plus the length of the marriage was only two years. I have utility bills, leases, pictures, health insurance and an affidavit from my wife and her mental health counsellor, attesting to the bona fide nature of the marriage.
We did not, however, share our finances, such as bank accounts and tax returns, due to the fact that we both were bringing debt to the relationship and did not want to burden the other with it. My lawyer feels that this will be looked upon suspiciously, and I wondered what others thought of my likely success in being granted a waiver under these circumstances.
I have been here in the US for almost 7 years now, firstly on an H1b and since February 06 on a conditional green card through marriage. My wife and I were married in January 05.
Sadly the marriage has broken down and we will be divorced at the end of this month. I understand that at that point I will have to file for a waiver based on the "good faith" option and have consulted a lawyer to undertake that on my behalf.
My lawyer has advised that my case could go either way, because the evidence I have of the marriage being bona fide is weak, plus the length of the marriage was only two years. I have utility bills, leases, pictures, health insurance and an affidavit from my wife and her mental health counsellor, attesting to the bona fide nature of the marriage.
We did not, however, share our finances, such as bank accounts and tax returns, due to the fact that we both were bringing debt to the relationship and did not want to burden the other with it. My lawyer feels that this will be looked upon suspiciously, and I wondered what others thought of my likely success in being granted a waiver under these circumstances.
I would strongly suggest searching through threads on a similar subject in the US Marriage Based Visas forum. People post similar stories like you about a marriage breaking down when one party has PR.
Certainly, for the purposes of I-751 and N-400, comingled finances are considered strong evidence of a bona fide, solid marriage.
Your attorney should be giving you advice about how to prepare for the fact that you don't have this in your marriage. It's not good enough to say that you'll be viewed suspiciously. I would prod him/her for further assistance.
PS: I hope your attorney is an AILA member, i.e. familiar with immigration law.
NC Penguin
Jan 21st 2007, 9:14 pm
#4
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,170
Re: Conditional Green Card and Divorce
separate finances aren't an issue, just have to prove that you entered the marriage in good faith.
