interview dilemma

[Alex::::Moscow::: 0]

Good Afternoon,

As you probably can find out from my old posts, im getting separated from my wife (USC) it’s her desire to end the marriage. We filed for removal of my condition about couple of months ago. I had my fingerprints appointment.

My wife actually agreed and wrote official affidavit what marriage was entered in a good faith and a failure of marriage should not be attributed to me . We done official separation agreement, however we agreed what we will not get divorced until my paperwork is received.

She also agreed to come to the interview with me just in case if we get called in. She is moving to another sate and moving in with someone else.

My question is: is it better to let her come to the interview with me, or should it just be me and my lawyer, or should it be me, her and a lawyer. My lawyer don’t think we need her.

What do you all think?

And here is anther question. Does owning a property in USA makes any difference in the case? I don’t know what to do with my house. I can refinance it and keep it, I can also cell it… I just don’t want to be in the house by myself. But if I own something in USA, it means I have some financial obligations… right?

Anyway thanks for your help!

[Kathryn41 3,205]

Unfortunately, it is a dilemna when a couple is separating but not yet divorced. The I-751 is a joint application meant to prove a valid marriage, so in spite of what your lawyer told you, if you are called for an interview both you and your wife must attend. If she does not attend, then they will not approve the I-751. If this marriage really is on the rocks and your wife is not available to attend the interview, you will not be able to proceed with the removal of conditions until you are divorced. Once the divorce is final, you would withdraw the joint I-751 and re-submit the application on your own, checking off the 'waiver from joint filing' condition shown on the form.

Owning property does not have a bearing on the case; having financial obligations by owning a house on your own does not have a bearing on the case. The I-751 is to prove that you and your wife have/had a legitimate marriage that was entered into honestly and not as a means for you to get a green card. That is the evidence that is requested and reviewed. That is why the application is a joint application, unless a waiver is specifically requested. It is not your connection to the US that is under examination - it is your marriage, and the immigration benefits that you obtain through that marriage.

You do need to be careful with this lawyer if he has told you that your wife is not required for the interview on a joint application. He is liable to get your application refused, which would result in not getting your permanent green card and having to leave the US.

I am sorry that your marriage hasn't worked out.

Edited May 2, 2008 by Kathryn41

[russian_armenian 4]

I remember your previous posts. Looks like you should be fine with I-751 since your divorce prob would not go through before I-751 (hopefully, Vermont would decide on it in less than a year). You have enough evidence to show bona fide marriage (plus this affidevit from wife-usually it is quite opposite-nasty calls about wrong intentions and desire for revenge). About interview, if you called for it-your wife MUST be there (that is my lawer's words-even if yur wife is not called for it, she must come along. I-751 approval is not a new credit card approval-it is expected to be important for both). But it is a bad idea to testify on interview that there is still some hope for marriage when you are OFFICIALLY separated. So, you would have to tell at interview time that divorce is upcomming and you would require to submit amended I-751 at that point (because if they catch on even small lie-impossible to prove anything). However, interviews are rare. So, I guess you are gambling on if you would get approved without interview and before divorce. The chance is big. But you are OFFICIALLY separated. This official separation agreement could hunt you in future. If you are separated, you have to inform USBIS right away and submit new I-751 with waiver after divorce papers. USBIS is looking for dates (when you apply for citizenship and your divorce papers would show that you got it a couple months after 10yGC and they know that in your state min separation is 1 year-you will get questions at N-400 interview). If you decided to wait for old I-751, you should not be getting any legal separation docs. You can always fly to Reno, Nevada to get divorce, if your wife wants it as fast as possible. You have a strong case to file with a waiver-why would you want to gamble? And your lawer-he was thinking prob about waiver-only in this case you don't need to bring wife for an interview. And you have house and mortgage on your name only? In PA you cannot do anything to it without spouse consent even if it is in your name only.

PS: I wonder if you have a lawer with Russian roots? Some of them are notorious in communities for such advices. I would get second opinion.

Good Afternoon,

As you probably can find out from my old posts, im getting separated from my wife (USC) it’s her desire to end the marriage. We filed for removal of my condition about couple of months ago. I had my fingerprints appointment.

My wife actually agreed and wrote official affidavit what marriage was entered in a good faith and a failure of marriage should not be attributed to me . We done official separation agreement, however we agreed what we will not get divorced until my paperwork is received.

She also agreed to come to the interview with me just in case if we get called in. She is moving to another sate and moving in with someone else.

My question is: is it better to let her come to the interview with me, or should it just be me and my lawyer, or should it be me, her and a lawyer. My lawyer don’t think we need her.

What do you all think?

And here is anther question. Does owning a property in USA makes any difference in the case? I don’t know what to do with my house. I can refinance it and keep it, I can also cell it… I just don’t want to be in the house by myself. But if I own something in USA, it means I have some financial obligations… right?

Anyway thanks for your help!