Tricky Situation

[InLimboUSA 0]

Hello,

It is a pleasure to be amongst you all and I am grateful for a forum like this! I have a unique situation on my hands here. After reading pages worth of posts in this section I found some similar situations, but nothing exactly as complicated. I welcome any and all feedback. :-)

I was married in October of 2009 to a USC in New York. I filed for my conditional GC in October and received it a few weeks after my interview in February 2010. I lived with my husband (in his mother's home) from October 2009 to May 2010 and we paid $600 rent to his mother every month, for which she provided us receipts. I was working for $11 an hour at the time, which is extremely low for someone in my industry, and we had little disposable income after all expenses. I went to visit my Aunt in Virginia a few times and she convinced me that I could make double what I was making in New York if I found a job in Virginia. She even offered to let me stay with her for a while. I put out numerous applications, and sure enough, secured employment for nearly double what I was making in New York. I decided to rent a room in Virginia (which I have a lease for) for $450 and work during the week and then go home on the weekends. I have been doing this for a while and now the 2nd anniversary of my conditional GC is nearing, and I must file my I-751 for ROC. The 90-day timeframe begins in November.

We filed joint taxes last year

We have a phone bill that we both share (with both of our names on it)

We have a bank account together that we recently closed and reopened elsewhere in New York, b/c of some ridiculous fees that were repeatedly assessed

We have numerous photos of us together

We have a car registered in both of our names

We have car insurance with both of us on the same policy.

(I have reviewed the Examples of Documents Showing a Bona Fide Relationship here 751 Guide and this is what we have from that list.)

The kicker to this situation is that I have suspected my husband of infidelity and the past 3 times that I've gone back home on the weekend, the same girl is there with him! I am contemplating divorcing him and filing my I-751 individually. The only thing is that I don't know if I can get the divorce finalized by November.

What should I do? I appreciate any and all feedback.

Thank you in advance!

[RICARDO4EVA2 194]

The kicker to this situation is that I have suspected my husband of infidelity and the past 3 times that I've gone back home on the weekend, the same girl is there with him! I am contemplating divorcing him and filing my I-751 individually. The only thing is that I don't know if I can get the divorce finalized by November.

What should I do? I appreciate any and all feedback.

Thank you in advance!

seek marriage counselling unless you otherwise married for your own benefit.... you & husband can also permanently move to Virginia sin e that is is where work/life is.

can request removal (solo) if marriage was real/entered with good faith

[InLimboUSA 0]

Thank you for the reply, Ricardo. I don't think that him moving to Virginia is an option because he wasn't willing to come with me when I originally decided to work in Virginia. I'm thinking about divorcing him and filing my I-751 individually. I need to get the divorce filed and finalized very soon if I go this route. I just don't want it to still be in processing when my 90-day timeframe comes about. Does anyone else have any thoughts? Thanks in advance!

[Brother Hesekiel 2,235]

You file singularly with a waiver. Do it as late as possible while getting the divorce going as quickly as possible. You have enough time to pull this off. If you are not divorced by the time your Green Card is a about to expire, mail your I-751 in. Again this will buy you time until you'll receive an RFE for the missing divorce decree and again you'll have 88 days time. If you are still not divorced by May post again and we tell you the next steps in detail.