It's over...

[milaca 0]

Hello...

I'm very sad to say that my husband and I are separated now, and the removal of my PR conditions must be filed 90 days before september.

We got married in Maryland... and this state does not grant divorce but after 12 months of separation. Separation does not need to be filed.

Now, because I know that we are not the only couple who has gone through this, I am sure (and so I have read) that there are ways around it. I will not have a divorce decree when filing for the removal on my own. If there is no way around it, I will just leave. I mean, I came for him and only him, but after years of working hard, paying taxes and being a good citizen, I think that I deserve to stay if I am being fruitful for this society.

Any suggestions? Thanks!

[milaca 0]

Hello... I posted this on the Removing Conditions forum, but got no response... and I am a little freaked out because I don't know what to do:

"Hello...

I'm very sad to say that my husband and I are separated now, and the removal of my PR conditions must be filed 90 days before september.

We got married in Maryland... and this state does not grant divorce but after 12 months of separation. However, legal separation cannot be filed. I came here in good faith, really expecting this to work, but now that it does not, and we cannot even live under the same roof, I have no divorce decree or any paper work in order to file it with a waiver...

Now, because I know that we are not the only couple who has gone through this, I am sure (and so I have read) that there are ways around it. I will not have a divorce decree when filing for the removal on my own. If there is no way around it, I will just leave. I mean, I came for him and only him, but after years of working hard, paying taxes and being a good citizen, I think that I deserve to stay if I am being fruitful for this society.

Any suggestions? Thanks! "

[diadromous mermaid 36]

Hello...

I'm very sad to say that my husband and I are separated now, and the removal of my PR conditions must be filed 90 days before september.

We got married in Maryland... and this state does not grant divorce but after 12 months of separation. Separation does not need to be filed.

Now, because I know that we are not the only couple who has gone through this, I am sure (and so I have read) that there are ways around it. I will not have a divorce decree when filing for the removal on my own. If there is no way around it, I will just leave. I mean, I came for him and only him, but after years of working hard, paying taxes and being a good citizen, I think that I deserve to stay if I am being fruitful for this society.

Any suggestions? Thanks!

I'd consult a qualified immigration attorney that is aware of the regulations and your state's divorce requirements. If yours is a state that converts separation into an automatic divorce (a couple do) then it may not be possible to jointly file the I-751 with your spouse. This is a question for the specialist, of course. And if this is the case and nothing else is suggested, I'd take a chance and file the I-751 alone when the 90 day window arrives, with all the evidence of a bona fide marriage (even an affidavit from your spouse attesting to the bona fide nature of your marriage would help) and attach a cover letter claiming that you know you are required to file at that time; you believe you are not eligible to file jointly and would provide a divorce decree but can't secure one until the state-mandated separation has been fulfilled. Let's hope that USCIS recognises that you are not at fault in the delay and provides you ample time to secure the decree and ammend your file as soon as it is available.

Edited May 28, 2008 by diadromous mermaid

[milaca 0]

Thank you, mermaid...

[milaca 0]

The thing is that I am afraid of trying to STATE what caused my withdrawal from the relationship. He does not understand my frustration (I think it is a cultural thing) and I do not know better English to explain it. Whatever I say, it offends him... He actually says that I left the house just because I wanted to and because I am a spoiled brat.

You are right... I should get an attorney... I did not want to spend so much money, but I guess it is the only way

[diadromous mermaid 36]

The thing is that I am afraid of trying to STATE what caused my withdrawal from the relationship. He does not understand my frustration (I think it is a cultural thing) and I do not know better English to explain it. Whatever I say, it offends him... He actually says that I left the house just because I wanted to and because I am a spoiled brat.

You are right... I should get an attorney... I did not want to spend so much money, but I guess it is the only way

You won't be required to state what caused the marriage breakdown in your self-petition, just that your state's laws prohibit a speedy termination to the marriage, which is headed for termination, and that if your state acknowledges this mandatory separation as a legal one (question for the specialist) you are under the impression that this would preclude your husband from jointly-filing before the deadline, yet it is because of this mandatory 12-month separation that you will not be able to provide a decree with the self-petition in time to meet the filing deadline.