Is this enough?

[SoDisappointed 0]

Hi,

Looking for some advice here guys! I have read the guides and researched this topic, but I would like your opinions on my situation.

I am a CRI visa holder, been here nearly 7 months and my marriage is falling to pieces. I am seriously thinking of moving out of the marital home as I can no longer cope with my husbands behavior. The worst case scenario is that we go through a period of 6 months separation (this is the minimum required for couples with no children in our State) and then divorce. Can't go back to the UK at the moment as my house is rented and the tennants have a contract for at least another year, plus I've got a good job here now and am making a new life. Made so many sacrifices to get here and the dream is nearly over, but weighing everything up, as I entered this marriage in good faith, I really would like to stay.

Documentary evidence I can supply is the following, please advise if you think this would be sufficient for a waiver submission:

1. Copy of 2008 and 2009 tax transcripts

2. Medical card from my husbands insurance provider (although my copy shows his name, it can be proved I was on his insurance)

3. Medical card from my health insurance provider (again although he is listed as on my insurance, both cards are in my name)

4. Evidence that my vehicle was insured on his policy.

5. Copy of joint credit card showing his name (I was the primary card holder, therefore his name does not show on the statements)

6. Copy of email from my bank confirming period of time my husband was a secondary card holder. (I cancelled his card after he ran it up

to the limit and didn't pay anything back), leaving me with a $5000.00 credit card bill.

7. Copy of joint bank account checks (although we didn't use this account after I realised he was financially irresponsible, I didn't want to

mix our finances).

8. Copy of my will made before I came to the USA listing him as a beneficiary.

9. Copy of my work medical and life insurance forms listing him as a beneficiary.

10.Copy of UK pension/life insurance form showing him as a beneficiary from my UK employee pension.

11.Letter (to be written by myself) explaining why there was no further mingling of bank or credit card accounts.

12.Copies of mail sent to us both or just to me proving residence at his address.

13.Possible affadavit from his son stating that this was a proper marriage.

14.Possible affadavit from my husband stating we entered this marriage in good faith (I can ask him to do this, no guarantees though).

15.Copy of UK Royal Mail redirection of UK mail to our address in USA.

16.Copy of e-tickets from Expedia for trip to UK we took together.

17.Things to prove I did not come here just for better life in USA (infact much was better in UK) - letter & reference from previous employer showing job of higher status and much more salary than the one I have now, title deeds to my property - as opposed to living in rented accommodation like I am here.

18.Copy of marriage cert

19.Wedding photos showing large family photo's and photo's with friends.

As you can see, I might not have the conventional evidence (no joing account, joint utility bills etc)., but I've tried to be creative and show everything I have. I'm just hoping this is enough. Would welcome your comments.

Thanks.

D.

[TracyTN 237]

I think it looks like a good list. I'm not sure about items listed in #17 though. Those aren't something people normally include and I'm just not sure how they'll be viewed by USCIS. I can't say exactly why - it just sounds a little like sour grapes to me, but maybe I'm just in a weird mood at the moment.

[Tom_Jim 40]

Hey there D,

I'm a waiver filer as well. I was going through something similar and my wife who is the USC, wanted to quit. She wanted to move to another country while I wanted to stay here and start my career. We fought a lot and cried and all that other horrid stuff. For me, Washington DC was also a 6 month required separation. Then, her divorce was finalized in October 2009.

I think the best thing to do now is get your divorce finalized as soon as you can.

As far as your evidence - it looks good to me. I have similar documents as you save for the bank statements. Co-mingling of financial assets is key evidence in waivers but since you don't have that, just do the best you can.

When does your conditional greencard expire?

Latos

[SoDisappointed 0]

Thanks for your input - so quick!.

TracyTN[/b - no not sour grapes , I just thought that might help to prove that I came here, not to better my life, but to be with my husband. I knew I would have a lower standard of living here and accepted that without question as it was far more important to be with my love. I thought this might alleviate any queries they might have about marriage fraud.

Latos - my conditional greed card doesn't expire until September 2011, so time isn't the problem. However, I'm facing the end of my marriage, something I didn't dream would happen and just want to be prepared in case my final decision is to stay rather than return to the UK. Meanwhile I'm still fighting for my marriage, I didn't take those vows lightly, but recent events have brought me to the end of the road. There's only so much you can forgive without going insane.

[Tom_Jim 40]

Thanks for your input - so quick!.

TracyTN[/b - no not sour grapes , I just thought that might help to prove that I came here, not to better my life, but to be with my husband. I knew I would have a lower standard of living here and accepted that without question as it was far more important to be with my love. I thought this might alleviate any queries they might have about marriage fraud.

Latos - my conditional greed card doesn't expire until September 2011, so time isn't the problem. However, I'm facing the end of my marriage, something I didn't dream would happen and just want to be prepared in case my final decision is to stay rather than return to the UK. Meanwhile I'm still fighting for my marriage, I didn't take those vows lightly, but recent events have brought me to the end of the road. There's only so much you can forgive without going insane.

Indeed. I would definitely suggest then, that if the marriage won't work, either you or your spouse file for divorce. As soon as the divorce is granted, you can file your 751 immediately; no need to wait for the 90-day restriction. Of all the things my liar, I mean, lawyer has said... getting the divorce (if the marriage really is unsalvageable) is key.

Best of luck

[Brother Hesekiel 2,235]

You have plenty of evidence. But food for thought: the wedding photos were important for AOS. Now you should provide photos from vacations, family events, birthday parties and such instead.

[SoDisappointed 0]

You have plenty of evidence. But food for thought: the wedding photos were important for AOS. Now you should provide photos from vacations, family events, birthday parties and such instead.

Thanks Just Bob,

Thanks for that. We only have a couple of these, but I'll definitely add them to the package. Other than that, do you think I have enough for the waiver?

D.

[TracyTN 237]

Thanks for your input - so quick!.

TracyTN - no not sour grapes , I just thought that might help to prove that I came here, not to better my life, but to be with my husband. I knew I would have a lower standard of living here and accepted that without question as it was far more important to be with my love. I thought this might alleviate any queries they might have about marriage fraud.

Yeah, I knew you didn't mean it as sour grapes; I guess I was just thinking more 'traditionally' of how others before you have proven they did not marry for immigration benefit. The other items you list seem to cover that pretty well so I just wasn't sure how those particular items added anything to the mix.

[Tom_Jim 40]

Thanks Just Bob,

Thanks for that. We only have a couple of these, but I'll definitely add them to the package. Other than that, do you think I have enough for the waiver?

D.

As far as you have it seems good. They may ask for RFEs however. As long as you entered the marriage in good faith, you will be OK.