Permanent resident 3 years ago

[lak 0]

I became conditional permanent resident in Sep 2004. I was living with my wife in Ohio. I filed I 751 in June 2006 after completion of 1 year 9 months. My wife is in school. I have to move to Florida on work purposes and was staying in Florida since 2006 to till date. I got permanent green card in Dec 2006. I was supporting my wife, visiting her and paying her bills till 6 months ago even though things are not going well. Six months ago I told her that we should get divorced. She filed for divorce in PA and getting Alimony / spousal support from me. My attorney said to me that she wont give you divorce and will stay on APL for ever. He filed in court that we separated in June 2006. The case is pending in the court. My worry is what if Court says that if we have been separated in June 2006 how can I have a GC as my I 751 is approved in Dec 2006 when we are separated as per the court.

[another1 2]

Hi lak,

I'm not sure if it will come up during divorce court, but if you ever apply for N-400 it could have serious consequences. Read the following link,this guy has the similar situation http://britishexpats.com/forum/showthread....highlight=I-751

Good luck

[lak 0]

Thank you for your reponse. I read his case. But I am wondering if it is similar to me. I am wondering if i 751 will be revoked if the court says that we are separrated in 2006. May be it is better to with draw the date of separration. any suggestions

Thank you

[Jasman0717 9]

I don't know how she can can affect your status now that you have a 10-year card. I found these requirements to become a citizen:

1. Are at least 18 years old and a lawful permanent resident ("green card" holder);

2. Have resided continuously in the United States, having been lawfully admitted for permanent residence, for five years immediately preceding the date you filed your application for naturalization, or

3. Have, after having been removed from conditional permanent resident status, based upon your marriage to a U.S. citizen, having resided in the United States for one year after the date the condition was removed;

4. Have resided continuously in the United States at all times after your application to the time and date of your admission for citizenship;

5. Have, during all periods of time referred to above, been and still are a person of good moral character;

6. Have no outstanding deportation or removal order and no pending deportation or removal proceeding;

7. Have the ability to read, write, speak, and understand simple words and phrases in English;

8. Have knowledge and understanding of the fundamentals of U.S. history and government;

9. Are attached to, and can support, the principles of the U.S. Constitution and can swear allegiance to the United States.

Edited December 31, 2008 by jasman0717

[lak 0]

Thanks for your information. Sme more information

My wife is a PA resident and moved to Ohio for school.I was paying her bills till Jan 2008. There was never a official separation date between us. I am paying spousal support since Aug 2008.

I got my green card in Dec 2006. I moved to Florida in June 2006 after filing 751. In January 2007 my wife emailed saying that our marriage is over. As I mentioned I was paying all the bills till Dec 2007.

She mentioned in the phone that she does not want to come to Florida to live with me. But there was no proof.Can I put Jan 2007 as my separation date.

Thanks

[diadromous mermaid 36]

Adjudication of a jointly filed I-751 is only prohibited by law if the parties are divorced. Being separated, physically, does not necessarily equate to being divorced. At least not in some states.

I became conditional permanent resident in Sep 2004. I was living with my wife in Ohio. I filed I 751 in June 2006 after completion of 1 year 9 months. My wife is in school. I have to move to Florida on work purposes and was staying in Florida since 2006 to till date. I got permanent green card in Dec 2006. I was supporting my wife, visiting her and paying her bills till 6 months ago even though things are not going well. Six months ago I told her that we should get divorced. She filed for divorce in PA and getting Alimony / spousal support from me. My attorney said to me that she wont give you divorce and will stay on APL for ever. He filed in court that we separated in June 2006. The case is pending in the court. My worry is what if Court says that if we have been separated in June 2006 how can I have a GC as my I 751 is approved in Dec 2006 when we are separated as per the court.

[lak 0]

I am in the process of divorce in PA. I claimng divorce based on the separation for more than 2 years otherwise my wife will sit forever on my spousal support. Though I moved in 2006 I was still paying bills for my wife and we did not get separated officially till now. In Jan 2007

she wrote that she wants to her marriage to be over though we continued to stay in marriage and continued paying her bills even though I saw only two times during that period. Her lawyer says we are separated in Dec 2007.

It was true that I was paying her bills till Dec 2007 when I stopped paying her bills and her attorney says that is the actual separation date in Dec 2008. I am not changing any facts here. Now I realized that if I do as my attorney said I will be in trouble and I am wondering Jan 2007

can be claimed as a separation date when my wife wrote a letter that our marriage is over. I dont want to take any risks.

Thanks

[lak 0]

Please let one let me know if it is safe I put Jan 2007 as my separation date as per my wife's email. I dont want to take any risks. I got permanent GC in De 2006

Thanks

[diadromous mermaid 36]

What are you looking to protect? Your permanent residency or your bank account?

I am in the process of divorce in PA. I claimng divorce based on the separation for more than 2 years otherwise my wife will sit forever on my spousal support. Though I moved in 2006 I was still paying bills for my wife and we did not get separated officially till now. In Jan 2007

she wrote that she wants to her marriage to be over though we continued to stay in marriage and continued paying her bills even though I saw only two times during that period. Her lawyer says we are separated in Dec 2007.

It was true that I was paying her bills till Dec 2007 when I stopped paying her bills and her attorney says that is the actual separation date in Dec 2008. I am not changing any facts here. Now I realized that if I do as my attorney said I will be in trouble and I am wondering Jan 2007

can be claimed as a separation date when my wife wrote a letter that our marriage is over. I dont want to take any risks.

Thanks

[lak 0]

First my Status and then bank

[lak 0]

Thank you

I spoke with two immigration Attorneys

One told it should not matter when I separated retrospectively 2006/2007.They will see only Divorce documents at the time of interview and not separation documents.

Other Attorney told me that If I put 2006 June, there is a chance of I 751 getting revoked. But How do USCIS know? But he also said it must be a special case decision about separation might have take place 3 years after getting green card.

Thanks