i-751 strange situation

[Filipe 0]

Hello to everybody!

I am going to tell you my situation, feel free to comment, give your opinion and solutions.

I meet my wife a long time ago in Hoboken NJ, we were like two little birds. After we live together for 1 year we married, after another year we apply for the conditional GC. We never had major problems in our relationship.

In December 2010 things were getting weird. On March 2011 i found out that she was hanging out with other man, that man was her boss, she explained everything to me include that she went to bed with him.

Now Read it carefully.

My head was boiling about all of this, we build so much together and now this happen, me very furious grabbed my GC and destroy it, bought a ticket to go back to my country, Portugal, for April 20 2011, packed my things and was waiting for the day to come.

Everybody told me to stay and go over it, in the meaning time i received a letter in the mail to remove my conditions on the GC. Later i made a final decision, i decided to stay and go forward with this.

We will be living together till the end of April, after that i will move to a different address and so she.

Once in a while i sleep with her in the bed (no sex) because i get very tired from the couch and my back hurts. We talk and we do errands together, pay bills on time, cleaning etc. Everything looks normal except for the fact that we have no physical contact anymore.

Last week i sent the I-751 form with everything, our marriage was bona fide, we had no intentions at all to evade the law. I send a letter saying why a copy of my GC wasn't there, i said that was destroyed a couple weeks before i received the letter to remove my condition and dind't had any kind of reprt to show. So, 4 days later they send me back everything, me being so stupid sent the package 10 days earlier.

I am going to send the package with more recent info and she agrees to do it jointly, anyway we still married and living together till the end of the month.

Please share with me the best thing that i can do. I have no afraid to go to a interview and i really want to be honest with the examiner, i have nothing to hide and the marriage was bona fide.

Edited April 17, 2011 by Filipe

[Anh map 2,098]

You're likely going to have to get a replacement green card. Sending a letter with your ROC package isn't enough.

[frali 2]

My recommendation is not to file jointly specially if you have decided to separate and there is no chance of reconciliation.

You should also set-up a infopass appointment and get a replacement GC.

Good luck!

[rika60607 215]

If no re-conciliation is possible, you should be filing a waiver petition, not joint petition.

No point in applying for a replacement GC though. As soon as your I-751 petition is accepted, I-90 petition would be canceled. That would be a waste of money. Instead you could go to an InfoPass appointment and ask USCIS officer to give you a I-551 stamp into your passport. Enclose a copy of this stamp instead of GC copy with your I-751 submission.

Sorry for your situation.

[polar1979 4]

I'm very sorry to hear this, i hope you stay strong

i agree with all the comments above, go to infopass, get a I-551 stamp in your passport and enclose that, and you should file the I-751 with waiver, do not file jointly, that could be a misrepresentation. Be sure to gather as many bona fide relationship evidences as you can. I wish you good luck.

Edited April 18, 2011 by polar1979

[w8inglongtime 29]

If no re-conciliation is possible, you should be filing a waiver petition, not joint petition.

No point in applying for a replacement GC though. As soon as your I-751 petition is accepted, I-90 petition would be canceled. That would be a waste of money. Instead you could go to an InfoPass appointment and ask USCIS officer to give you a I-551 stamp into your passport. Enclose a copy of this stamp instead of GC copy with your I-751 submission.

Sorry for your situation.

100% Co-sign.

[Filipe 0]

Thank you all of you to give some opinions.

To get a divorce decree in NJ takes more than 18 months, i will have to do a joint petition. About the green card and infopass, what should i bring with me besides the passport and drivers license? Should i be ok to do that? If so i will go for infopass.

[e-migra 4]

Boa sorte

[rika60607 215]

You will only need your Passport for Infopass appointment.

Regarding your joint filing, consider that if you are approved, your GC can later be taken away from you because it could be viewed that you got it on false pretenses.

If you file for divorce before ROC approval, get approved and later file for citizenship, you will lose your GC (and not obtain citizenship). If you file for divorce shortly after ROC approval, you will be scrutinized, but it is a gray area - you may be able to keep the GC (or not), depending on fraud investigation outcome.

If you find that IO at the Infopass is a friendly type, you can ask for his/hers advice on whether you should file joint or with a waiver. I would not trust a random lawyer with that problem.

Thank you all of you to give some opinions.

To get a divorce decree in NJ takes more than 18 months, i will have to do a joint petition. About the green card and infopass, what should i bring with me besides the passport and drivers license? Should i be ok to do that? If so i will go for infopass.

[deidre 13]

From what ive researched and read everywhere, you can only apply as married, or as divorced. so you are kind of in a gray area.

Right now you are still married and doing everything like a married couple (hey...not everyone has s*x when theyre married!) so i would think filing jointly may be the way to go, because when you think about it literally, you have to prove the last 2 years right?! and for the last 2 years you've been together.

But on the flip side, you are now technically seperated.... and you will have to wait it out 18 months to be considered seperated and allowed to divorce. so in this case, you would need to tell USCIS that you are seperated and i think they send you an RFE to send in divorce papers once you are actually divorced...but this will be 18 months later....therefore delaying getting you 10 yr GC.

i think you need to sit down and speak to your spouse...maybe there is a way to work out a reconciliation? im sorry i know its a hard time for you now...i dont think my post helps...but just gives you something to think about on both sides of the coin.

[Filipe 0]

i think you need to sit down and speak to your spouse...maybe there is a way to work out a reconciliation?

Your post does help, any advice is apreciated.

So far my situation now is not good. There is no reconciliation possible, even that i tried with her because financial we are not that good and she is going to have a hard time to pay the rent next month for her new apartment.

This is what is going to happen.

I will move out in the end of April, we will be separated. I am going to a lawyer Monday and see what i can do get a divorce. We booth agree to divorce, i don't want to cause any harm to her anyway. There is a new law in NJ to divorce, reconcilable differences, if this option takes too long i will probably have to opt for Adultery. The problem is i really don't have that many proof of that, i do have a gym membership that she sing together with the other guy, i know his name and where he works. Maybe she will be willing to say the true to the judge and i will have a quick divorce and proof to the USCIS that it wasn't me that create this in our marriage, also in her new appt lease she state that she was single, which is not true, that is a lie. I have a lot of evidence that our marriage was bona fide, they (USCIS) will have to rely on that.

I have 80 days to send my I-751 plus 87 days for Request of evidence and some more days in between.

I will keep you guys up to date, it will be very hard for me to go thru all of this, it would be nice if our relation last a couple more months, it just had to happen when i have to send the I-751.